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study sets > law and society test 1 > Flashcards

law and society test 1 Flashcards

1
Q

What are norms?

A

the codes of behavior that govern the way we interact

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2
Q

What are the three types of norms?

A

folkways, mores, laws

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3
Q

What is the most serious type of law to least serious?

A

laws, mores, folkways

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4
Q

What are folkways?

A

simple everyday norms that are based on things like custom, tradition, or etiquette.

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5
Q

What are mores?

A

norms based on the morals of society.

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6
Q

What are laws?

A

rules of conduct enacted and enforced by a government

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7
Q

Why do we need laws? 3 reasons

A

1- Social Control
2- Dispute settlement
3- To bring about or force social change

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8
Q

What is the earliest written law?

A

Hammurabi

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9
Q

When was Hammurabi written?

A

2100 BC

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10
Q

What does Hammurabi consist of?

A

282 laws and punishments

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11
Q

Who came up with the social contract?

A

Thomas Hobbes

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12
Q

What is the social contract?

A

Society agrees to be governed by its general will

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13
Q

What connection was Durkheim interested in?

A

the connection between law and society

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14
Q

What was Durkheim’s beliefs on punishment?

A

We need more laws but less severe punishments because we don’t have that strong of a collective conscience.

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15
Q

What is our legal system based on?

A

English common law

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16
Q

When was English common law in Britain?

A

1100 AD

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17
Q

What was English common law?

A

A legal system based on custom and court rulings

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18
Q

Every time a judge makes a new ruling, what are they setting?

A

a new precedent

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19
Q

What is precedent?

A

rulings that have already been made

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20
Q

What is precedent?

A

rulings that have already been made

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21
Q

What do judges follow?

A

precedent

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22
Q

What does stare decisis mean?

A

let the decision stand

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23
Q

What does stare decision essentially mean?

A

unless there is a good reason to change the way things have been done, you should follow precedent

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24
Q

What is the legal principle being precedent?

A

stare decisis

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25
Q

What is the type of legal system we have in the US?

A

statutory law

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26
Q

What is statutory law?

A

we have statues- our laws are passed by legislatures at all different levels

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27
Q

Can state laws conflict with federal?

A

no

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28
Q

Can local laws conflict with state laws?

A

no

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29
Q

What are moral crusaders?

A

A campaign centered around a social movement or organization and concerned with a symbolic or moral issue such as alcohol or pornography

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30
Q

How many amendments are in the bill of rights?

A

10

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31
Q

What did the first amendment do?

A

freedom of religion, speech, press, assembly

32
Q

What is the second amendment?

A

right to bear arms

33
Q

What is the third amendment?

A

No quartering of soldiers

34
Q

What is the fourth amendment?

A

no unreasonable searches and seizures

35
Q

What is the fifth amendment?

A

We have the right to due process of the law, we are protected against double jeopardy, pleading the fifth, imminent domain

36
Q

What is the sixth amendment?

A

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

37
Q

What is the seventh amendment?

A

the right to a jury trial

38
Q

What is the eight amendment?

A

no excessive bail or fines

39
Q

What is the ninth amendment?

A

Rights retained by the people (all the rights not listed in the Constitution belong to the people, not the government)

40
Q

What is the tenth amendment?

A

If a power isn’t given to the federal government, it goes to the states or the people.

41
Q

What is the thirteenth amendment?

A

abolished slavery

42
Q

What is the fourteenth amendment?

A

Stated that every MALE in the U.S, white or black, was a citizen.

43
Q

What is administrative law?

A

the body of law that regulates the operation and procedures of government agencies.

44
Q

What is jurisdiction?

A

the official power to make legal decisions and judgments.

45
Q

What is a trial court?

A

has original jurisdiction

46
Q

What is an appellate court?

A

a court that only hears appeals

47
Q

How many justices are there on the Supreme Court?

A

9

48
Q

What are the members of the Supreme Court in seniority?

A

-Roberts (Chief Justice)
- Clearance Thomas
-Samuel Alito
- Sonia Sotomayor
- Elena Kagan
-Neil Gorsuch
-Brett Kavanaugh
-Amy Coney Barrett
-Kentaji Brown Jackson

49
Q

How much do justices make a year?

A

250,000

50
Q

What is the only way to get to the Supreme Court?

A

get through all the other courts

51
Q

How many appeals does the Supreme Court get a year? How many do they hear?

A

-10,000
-75-100 cases per year

52
Q

What is the certiorari act/ cert?

A

the Supreme Court was given the power to pick and choose the cases that they hear

53
Q

What is a cert?

A

the application that you send to a court asking them to hear your case

54
Q

What is the rule of four?

A

4 out of 9 Supreme Court justices must vote in order to hear a case in the supreme court

55
Q

What is the majority opinion?

A

what the court says is final

56
Q

Who writes the majority opinion?

A

The Chief Justice, unless they were not in the majority, then the next person in seniority

57
Q

What is concurring opinion?

A

you agree with the decision but you think it should be for different reasons

58
Q

What is the dissenting opinion?

A

if you are in the minority, you can write this opinion paper

59
Q

What is judicial review?

A

The Supreme Court’s authority to decide if a law violates the Constitution

60
Q

What did Marbury v. Madison establish?

A

judicial review

61
Q

What happened in Marbury v. Madison?

A

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

62
Q

What is substantive criminal law?

A

The body of law that defines what is criminal (for citizens what people can and can not do)

63
Q

What what is procedural law?

A

rules that the government/ criminal justice system has to follow

64
Q

What 3 elements must be present for a crime to be committed?

A

1- actus reus
2- mens rea
3- concurrence of actus reus and mens rea

65
Q

What is actus reus?

A

guilty act

66
Q

What is mens rea?

A

guilty mind

67
Q

What is robbery?

A

taking the property of another by force or the threat of force

68
Q

What is burglary?

A

unlawful entering of a structure to commit a felony or a theft

69
Q

What is larceny?

A

technical name for stealing

70
Q

What is the controlled substances act of 1984?

A

created 5 schedules to fit drugs into

71
Q

What are the five schedules for the controlled substances act?

A

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

72
Q

What does Megan’s law do?

A

Requires local authorities to publish the whereabouts of registered sex offenders

73
Q

When can sex offenders be civilly confined? (put in mental hospital)

A

if after their punishments, they are still considered too dangerous to be free

74
Q

What are the excuse defenses?

A

duress, insanity, intoxication, age, entrapment

75
Q

What is the ignorance/ mistake excuse defense?

A

argue that you didn’t know it was against the law or it was an honest mistake

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