law and society test 1 Flashcards
What are norms?
the codes of behavior that govern the way we interact
What are the three types of norms?
folkways, mores, laws
What is the most serious type of law to least serious?
laws, mores, folkways
What are folkways?
simple everyday norms that are based on things like custom, tradition, or etiquette.
What are mores?
norms based on the morals of society.
What are laws?
rules of conduct enacted and enforced by a government
Why do we need laws? 3 reasons
1- Social Control
2- Dispute settlement
3- To bring about or force social change
What is the earliest written law?
Hammurabi
When was Hammurabi written?
2100 BC
What does Hammurabi consist of?
282 laws and punishments
Who came up with the social contract?
Thomas Hobbes
What is the social contract?
Society agrees to be governed by its general will
What connection was Durkheim interested in?
the connection between law and society
What was Durkheim’s beliefs on punishment?
We need more laws but less severe punishments because we don’t have that strong of a collective conscience.
What is our legal system based on?
English common law
When was English common law in Britain?
1100 AD
What was English common law?
A legal system based on custom and court rulings
Every time a judge makes a new ruling, what are they setting?
a new precedent
What is precedent?
rulings that have already been made
What is precedent?
rulings that have already been made
What do judges follow?
precedent
What does stare decisis mean?
let the decision stand
What does stare decision essentially mean?
unless there is a good reason to change the way things have been done, you should follow precedent
What is the legal principle being precedent?
stare decisis
What is the type of legal system we have in the US?
statutory law
What is statutory law?
we have statues- our laws are passed by legislatures at all different levels
Can state laws conflict with federal?
no
Can local laws conflict with state laws?
no
What are moral crusaders?
A campaign centered around a social movement or organization and concerned with a symbolic or moral issue such as alcohol or pornography
How many amendments are in the bill of rights?
10
What did the first amendment do?
freedom of religion, speech, press, assembly
What is the second amendment?
right to bear arms
What is the third amendment?
No quartering of soldiers
What is the fourth amendment?
no unreasonable searches and seizures
What is the fifth amendment?
We have the right to due process of the law, we are protected against double jeopardy, pleading the fifth, imminent domain
What is the sixth amendment?
we have the right to trial by jury, we have the right to confront witnesses against us, right to a speedy trial, have the right to a public trial
What is the seventh amendment?
the right to a jury trial
What is the eight amendment?
no excessive bail or fines
What is the ninth amendment?
Rights retained by the people (all the rights not listed in the Constitution belong to the people, not the government)
What is the tenth amendment?
If a power isn’t given to the federal government, it goes to the states or the people.
What is the thirteenth amendment?
abolished slavery
What is the fourteenth amendment?
Stated that every MALE in the U.S, white or black, was a citizen.
What is administrative law?
the body of law that regulates the operation and procedures of government agencies.
What is jurisdiction?
the official power to make legal decisions and judgments.
What is a trial court?
has original jurisdiction
What is an appellate court?
a court that only hears appeals
How many justices are there on the Supreme Court?
9
What are the members of the Supreme Court in seniority?
-Roberts (Chief Justice)
- Clearance Thomas
-Samuel Alito
- Sonia Sotomayor
- Elena Kagan
-Neil Gorsuch
-Brett Kavanaugh
-Amy Coney Barrett
-Kentaji Brown Jackson
How much do justices make a year?
250,000
What is the only way to get to the Supreme Court?
get through all the other courts
How many appeals does the Supreme Court get a year? How many do they hear?
-10,000
-75-100 cases per year
What is the certiorari act/ cert?
the Supreme Court was given the power to pick and choose the cases that they hear
What is a cert?
the application that you send to a court asking them to hear your case
What is the rule of four?
4 out of 9 Supreme Court justices must vote in order to hear a case in the supreme court
What is the majority opinion?
what the court says is final
Who writes the majority opinion?
The Chief Justice, unless they were not in the majority, then the next person in seniority
What is concurring opinion?
you agree with the decision but you think it should be for different reasons
What is the dissenting opinion?
if you are in the minority, you can write this opinion paper
What is judicial review?
The Supreme Court’s authority to decide if a law violates the Constitution
What did Marbury v. Madison establish?
judicial review
What happened in Marbury v. Madison?
William Marbury was appointed to a government chair and never received his commission. He petitioned the Supreme Court to issue a writ of mandamus asking John Marshall to rule on his own negligence of not sending the commissions. Marshall claimed that the law that stated that you could ask the Supreme Court to issue the writ was unconstitutional. Marshall won.
ESTABLISHED JUDICIAL REVIEW
What is substantive criminal law?
The body of law that defines what is criminal (for citizens what people can and can not do)
What what is procedural law?
rules that the government/ criminal justice system has to follow
What 3 elements must be present for a crime to be committed?
1- actus reus
2- mens rea
3- concurrence of actus reus and mens rea
What is actus reus?
guilty act
What is mens rea?
guilty mind
What is robbery?
taking the property of another by force or the threat of force
What is burglary?
unlawful entering of a structure to commit a felony or a theft
What is larceny?
technical name for stealing
What is the controlled substances act of 1984?
created 5 schedules to fit drugs into
What are the five schedules for the controlled substances act?
schedule 1= worst, most controlled
schedule 2= high potential for abuse
schedule 3= less potential for abuse
schedule 4= commercial use
schedule 5= over the counter
What does Megan’s law do?
Requires local authorities to publish the whereabouts of registered sex offenders
When can sex offenders be civilly confined? (put in mental hospital)
if after their punishments, they are still considered too dangerous to be free
What are the excuse defenses?
duress, insanity, intoxication, age, entrapment
What is the ignorance/ mistake excuse defense?
argue that you didn’t know it was against the law or it was an honest mistake
