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Final Flashcards

1
Q

The Precipitating event for the “Law of Vagrancy” was…

A

The bubonic plague

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2
Q

During the plague half of Europe’s…

A

Population was wiped out along with its labor force

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3
Q

Under this new law…

A

People were not allowed to move from one place to another

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4
Q

Why was the law of vagrancy passed?

A

To protect rich land owners

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5
Q

When was the law of vagrancy passes?

A

1349

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6
Q

The new law made what a crime?

A

To beg as well as move from place to place to find a better job

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7
Q

T/FThe law of vagrancy was designed for the purpose to force laborers to accept employment at low wages in order to insure the land owner an adequate supply of labor at a price he could afford to pay

A

True

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8
Q

Crimes of survival include

A

1.) Illegal to sleep, sit or store belongings in public place2.) “loitering”3.) Panhandling4.) Camping without a permit5.) Criminal trespass6.) Dine n’ Dash7.) Lodging outdoors8.) Illegal sharing of food with more than 25 people9.)Indecent exposure

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9
Q

What are some of the crimes that the homeless are arrested for?

A

1.) Spitting2.) Having/abandoning shopping carts away from owners’ premises3.) Failure to disperse4.) Maintaining junk or storage of property5.) Street performer6.)Prohibition to enter vacant building7.) Rummaging/scavenging8.) Creating odor

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10
Q

What city is the meanest towards the homeless?

A

Sarasota Florida

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11
Q

“Homes not Handcuffs”

A

National coalition for the homeless

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12
Q

What four Texas cities are in the top 20 meanest cities towards the homeless?

A

Dallas, Houston, Austin, and San Antonio

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13
Q
  • Living in a vehicle- Walking on the highway- Bringing paupers/insane persons into the city- Washing cars/windshields- Demolition of vacant property habitually inhabited by “vagrants”-Sweeps of city areas where homeless persons are living to drive the out of that areaAre all ways…
A

That people confront the homeless/criminalize them

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14
Q

The American Bar Association Journal/ Chicago Tribune in 2013 covered a homeless case where

A

An elderly man who picked dandelions for food got a $75 ticket

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15
Q

Three men were arrested in 2010 for feeding homeless people on a Sunday in a public park without a permit (along with inciting a riot and resisting arrest when they challenged the officer) won a total of $125,000 when the city settled their civil rights lawsuit

A

Albuquerque, New Mexico

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16
Q

What are three factors that led to workers compensation

A

1.) Industrial revolution2.) “Contingency free legal rep”3.) Labor unrest

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17
Q

By 1900 more than ________ workers were dying each year from workplace injuries

A

35,000

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18
Q

Another 2 million workers were suffering from..

A

Disabling injuries

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19
Q

What happened with the uncompensated workers?

A

They revolted

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20
Q

Workers compensation eventually encompassed what 2 things?

A

1,) Automatic compensation2.) Without proving “negligence”3,) Without litigation

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21
Q

Family law changes resulted in the legal recognition of what 3 things?

A

1.) Common law marriage aka “informal marriage”2.) Adoption of children3.) Divorce

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22
Q

5 main public policy issues

A

1.) Freedom from government instrusion on private behavior2.) Establish clear lines of property ownership3.) “money, land and inheritance”4.) Protected wives and children of deceased5.) Protected “reputations” of lives and parentage of chilren

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23
Q

3 Elements of the CLM in Texas

A

1.) Mutual agreement to be married2.) A “public holding out” as a married couple3.) Cohabitation

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24
Q

Historically what were the grounds for someone must prove to obtain a legal divorce?

A

1.) Adultery2.) Desertion3.) Cruelty

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25
What was the legal issue surrounding the matter of adoption?
Orphans abounded and had no legal right to inherit from non-birth adults who raised them thus resulting in the adoption law for children's legal status to inherit from steps
26
7 recent family law developments
1.) Reproductive technology2.) Increase in cohabitation3.) Same-sex partnerships4.) Non-traditional custody issues5.) Palimony6.) Prenuptial agreements7.) Egg donors, sperm donors, surrogacy
27
Legal, biological, psychological and de facto "parents"?
Mintz v. Zoernig
28
Mintz v. Zoernig dealt with
Whether or not the donors had any rights or obligations regardless or with an agreement beforehand
29
To achieve social change...
A social movement activists employ a variety of strategies and tactic to shift power
30
5 examples of strategies used by social movements
1.) Marches2.) Rallies 3.) Civil disobedience4.) Boycotts5.) Legal mobilization
31
Social movement litigation
Filing lawsuits to force the government/social institution to change or end a practice or policy
32
4 examples of social movement lititgation
1.) School desegregation2.) Environmental regulation3.) Equal employment opportunity laws4.) Animal rights
33
Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project
April 4th, 2016 and deals with the "Fair Housing Act" violations when HUD housing denied to those who have been convicted of any crime
34
Limits of SML
1.) $$$ Resource disparity 2.) Judge often unsympathetic and even hostile 3.) Lack of "Standing"4.) Jurisdiction not all issues are "justifiable" (Vietnam war)5.) Hallow victory, reformists lack effect power
35
Indirect benefits of SML (5)
1.) Hope2.) Galvanization3.) Empowerment4.) Increased rights consciousness5.) Negative publicity brought to offenders
36
Roe v. Wade
Backlash on the unintended negative consequences of SML
37
Alabama Gov. George Wallace and desegregation galvanized white southern resistance for more than a decade
Roe v. Wade
38
SLAPP suits
Strategic Lawsuits Against Public Participation
39
Examples of SLAPP suits
1.) Libel and Slander Suits2.) Real Estate Developers v. Environmental groups3.) Arrest and prosecution of activists
40
Texas Cattlemen v. Oprah Winfrey
Deadly mad cow disease was spreading in the world and Oprah said she'd never eat another burger and was sued in Amarillo where the jurors rejected the plaintiffs case
41
How long did the Texas Cattlemen v. Oprah trial take?
6 weeks
42
Texas outlaws criticism on what 3 food items?
1.) Beef2.) Citrus3.) Corn
43
FBI/CIA/DEA
1.) Surveillance of protest groups2.) Infiltration3.) Wiretapping
44
FBI counterintelligence program which "monitored" tens of thousands of US citizens who were exercising their first commandment rights
Cointelpro: 1940-1970
45
Who did the US spy on in the 1980s?
About 24,000 North Americans who were critical of US policy in Central America
46
In the 1990s the FBI spied on...
Gay rights groups
47
After 9/11...
Spying on everybody, wiretapping without judicial warrants and cellphone monitoring as well as library lists
48
"Each man should be permitted to choose his own path to hell"
Mark Twain
49
Historically law has been used to enforce ______
Morality
50
What do social scientists ask?
Do laws against consensual crimes do more good than harm or do they do more harm than good?
51
Name activities which are risky/harmful but legal
- Driving a car - Skiing - Swimming - Sports - Bungy jumping - NASCAR - Overeating/eating poorly - Tobacco & alcohol
52
Tobacco causes how many deaths per year?
435,000
53
How many deaths does alcohol cause per year?
100,000
54
How many deaths does NSAID cause per year?
16,500
55
How many people are arrested each year on marijuana charges?
1,000,000
56
Example of non-steroidal/ anti-inflammatory drugs
Advil/aspirin
57
Other illegal drugs cause how many deaths annually?
17,000
58
T/F Many of the deaths caused by illegal drugs stem from overdose/impure drugs rather from the harmful effects of the drugs themselves
True
59
NSAID stands for...
Non-steroidal anti-inflammatory drugs
60
Name activities which are "immoral"/harmful/risky but are legal
``` Premarital sex Homosexuality Adultery Some forms of gambling Some forms of porn ```
61
4 examples of consensual crime
1. ) Prostitution 2. ) Some forms of gambling 3. ) Illicit drug use 4. ) Sale/purchase of human organs
62
What states is physician-assisted suicide legal in?
1. ) California 2. ) Oregon 3. ) Vermont 4. ) Washington 5. ) Montana (via court ruling only)
63
How many states is physician assisted suicide illegal in?
45
64
Are there any federal laws regarding physician-assisted suicide?
No
65
Person owned a tattoo parlor and said that they would give male or female a free nipple piercing if they were willing to do it in the public window to show case their work - whenever a man did it no problem but police were called when a women stepped up for it
City of Albuquerque v. Sachs
66
What happened with the ruling of the City of Albuquerque v. Sachs?
Lower court ruling upheld by the higher court and found that other states had similar statutes outlawing the female breast visibility based off the fact that male v. female breasts are drastically different in appearance and function
67
There was an emphasis placed on what specific part of the female anatomy in the Sachs case?
Mammary gland
68
T/F The Sachs case ruling upheld against an equal rights protection appeal
True
69
When dealing with Prohibition...
Industrial revolution brings Irish, Italians and moral panic
70
Rapid industrialization caused...
bigger cities and ultimately more crime
71
What 2 main groups of immigrants crossed the seas to take the factory jobs
Irish and Italian
72
Immigrants brought with them...
Their culture and religion (Catholicism) which permits drinking booze
73
Immigrants 3 strikes
1. ) Poor 2. ) Urban 3. ) Catholic
74
WASP stands for...
White Anglo-Saxon Protestant
75
7 bad things that came out of prohibition
1. ) Opportunity = mafia and black market profiteering 2. ) Mob violence 3. ) Cop killings 4. )Total homicides increased 5. ) Political and police corruption bloomed 6. ) Millions still drank 7. ) Millions spent enforcing an unenforcable law
76
Society concluded (13 years later) that prohibition did more harm than good
21st amendment
77
8 bad things about drug laws
1. ) 40 billion spent yearly to enforce drug laws 2. ) Little evidence that the $40 billion has appreciably lowered drug use in the US 3. ) Police fatalities in the line of ire in the legal drug way 4. ) 17,000 deaths per year due to unregulated/impure product 5. ) Habit-supporting crime - illegal drug users resort to crime to buy drugs sold at inflated prices 6. ) Official and police corruption 7. ) Lost tax revenue 8. )Vice
78
Unsavory and dangerous police practices =
Confidential informants, wiretapping, undercover work, drug usage by undercover agents (in vice)
79
Policing drugs in a free society often raises significant
Civil liberties issues
80
This approach recognized that drugs can be harmful but it also recognizes that the legal war against drugs is costly in many other ways
Harm reduction
81
How many hooker in the US
500,000
82
How many sexual acts are performed by hookers a year?
750,000,000
83
4 aspects of harm analysis to prostitutes
1. ) Abuse by pimps 2. ) Abuse by Johns 3. ) Cannot safely report abuse 4. ) STD's/AIDS
84
5 Results of legalizing prostitution
1. ) Taxable earnings 2. ) Safe sex 3. ) Weekly health checks 4. ) Put pimps out of business 5. ) Labor laws and protections
85
T/F Sex workers organizations now exist in most countries in the world
True
86
In 1974 in California a group called C.O.Y.O.T.E. formed
Call of your old tired ethics
87
P.o.N.Y.
Prostitutes of NY
88
Self organizing to combat power of pimps, brothel owners and capitalists as well as to bring the whole profession out of stigma
World Whores' Conference
89
The National day of Johns Arrests
Targets the consumer
90
28 law enforcement agencies in 14 states simultaneously conducted sting activities on the streets in hotels, in brothels via the Internet
National day of Johns Arrests
91
Gonzales v. Raich (2005)
Held that US constitution allows feds to ban pot even if local/state laws allow it
92
Los Angeles county has more _________ than _________
Medical marijuana shops than liquor stores
93
T/F Hawaii allows up to 24 plants
True
94
What are the 6 functions of law?
1. ) Social control 2. ) Law exists so we have dispute resolution 3. ) Law provides a mechanism for social change 4. ) Preservation of civil rights and liberties 5. ) Law expresses society's moral values 6. ) Codified statutes establish a "rule of law"
95
What percentages of cases go to trial?
10%
96
The other 90% of trials are
Plead out by lawyers
97
3 kinds of pleas
1. ) Guilty 2. ) Not guilt 3. ) No contest
98
5 benefits of plea deals for prosecutor
1. ) Saves $ 2. ) Spares witnesses 3. ) Avoids negative publicity if acquittal occurs 4. ) Relives caseload pressure 5. ) Judges like "rocket dockets"
99
How many jurors in a felony trial?
12
100
How many jurors in a misdemeanor jury?
6
101
6 jurors is called a
Petit jury
102
6 benefits of plea bargains for the defense
1. ) Sentence reduction 2. ) Sentences upon conviction at trial tend to be more severe 3. ) Reduces pretrial detention 4. ) Reduces lawyer fees 5. ) Yields a less unfavorable prior record 6. ) Less media publicity
103
Evils of plea bargaining
1. ) Undercuts jury’s role in dispensing justice in a democracy 2. ) Justice takes place behind closed doors 3. ) Inherently coercive to defendants, both guilty and innocent 4. ) Creates fiction in “conviction records” making them unreliable 5. ) Inability to post bond & long pretrial detention weakens resolve of poverty defendants
104
o A jury’s knowing and deliberate rejection of the evidence or refusal to apply the law whether because the jury wants to send a message about some issue larger than the case itself or because the result dictated by law is contrary to the jury’s sense of justice, morality or fairness
Jury nullification
105
Jury nullification cases
1. ) Zenger libel case 2. ) Quaker preaching cases 3. ) Fugitive slave act cases 4. ) Co era cases
106
Why was Will Penn and William Mead arrested?
Street preaching
107
Penn and Mead were tried before a jury who's foreman was...
Edward Bushell
108
Why was Bushell important
Because he enforced jury nullification and set a legal precedent
109
SLAPP stands for
Strategic Lawsuits Against Public Participation

Law and Inequality (3 decks)

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