law midterm

Question 1

Law and Society

Answer 1

All societies have had systems of the law that vary in scope and complexity

Homogenous societies may rely on an informal legal system based on customs

larger societies systems become more complex and formal

Question 2

Law and sociology

Answer 2

Similar themes and areas of inquiry
-values, morality, norms, interpersonal relations, social processes of society

Historically the two have been considered non-compatible disciplines

some difficulties with interactions of legal scholars and sociologists because of terminology, methodology, and professional culture

Question 3

Law - defined

Answer 3

Not easily defined
-each discipline, area of distinction and scholar may provide a distinct definition

Max Webber argues that there are 3 basic features of law
1. External pressure to comply
2. Pressure is coercive
3. Individuals enforce law coercively under authority of state

Question 4

Donald Black and styles of social control

Answer 4

Donald Black argues that four styles of social control are represented in law

Penal
–Policies, law, criminal code, legislation
Compensatory
–Sue people, torts,
Therapeutic
–Correcting, rehabilitating people
Conciliatory

Question 5

Categories of law

Answer 5

Can be categorized as substantial or procedural

further distinction is made between public and private

more specifically civil law and criminal law

Question 6

4 main law systems

Answer 6

Romano-germanic system

Common law system

socialist legal system

islamic system

Question 7

Functions of law in society

Answer 7

3 most common factors
1. social control
2. dispute settlement
3. social change

Question 8

Consensus perspective

Answer 8

Considers members of society as a stable, functional system, composed of diverse groups with conflicting interests

Question 9

conflict perspective

Answer 9

Views society as disharmonious and composed of groups with conflicting values

Question 10

role of sociologists in law

Answer 10

some consider their role as understanding social processes, describing and explaining social phenomena

others consider that their role is to be critical of a social system and its processes

lastly some argue for the notion of praxis- combining theory with practice

Question 11

substantive law

Answer 11

laws made by city council

governs how members of society are supposed to behave

contrasted with procedural law

ex. laws on legalizing marijuana

Question 12

procedural law

Answer 12

process that the criminal justice system must follow

ex. offender is arrested, everything that follows that like rights must be read, how evidence must be handled, everything that goes from the arrest all the way to the justice system

Question 13

private law

Answer 13

anything that has to do with jones and smith- person a suing person b

private matters not public

civil laws

ex. divorce, you and your tenants

Question 14

torts

Answer 14

a civil wrong that causes a claimant to suffer

Question 15

criminal law

Answer 15

kings bench

investigating and prosecuting people who may have broken the law

Question 16

common law

Answer 16

judge made laws

formed in England after the Norman conquest

basis for the us legal system

Question 17

code

Answer 17

systematic collection of statutes

Question 18

principle function of law

Answer 18

social control, dispute settlement, social change

Question 19

consensus perspective

Answer 19

law is a neutral framework

maintains societal integration, society characterized by diverse groups with conflicting interests

Question 20

public law

Answer 20

Deals with affair between government and individual

Criminal laws

Question 21

Levels of court - Lowest to Highest

Answer 21

Provincial court- 50,000 or less for suing- judge only

King’s Bench- 50,000 or more for suing- judge only or judge and jury

Court of Appeal- 3 judges, you go here when you think an error has been made at the King’s bench

Federal court- immigration stuff

Supreme Court of Canada- 9 judges- chief justice and 8 other highly accomplished judges

Question 22

Formal codified law

Answer 22

Emerges when the social structure becomes so complex that informal mechanisms of social control are no longer adequate

regulatory systems and methods of dispute can no longer be dependent on customs, social, religious or moral sanctions

Question 23

primitive legal systems

Answer 23

typically found in hunting/gathering and simple agrarian societies

laws not written or codified

coexist with ancient norms

no well developed political system

laws enacted by elders, chiefs, councils, or kin leaders

Question 24

transitional legal systems

Answer 24

advanced agrarian and early industrial society

economic, educational, and political subsystems are increasingly different from kinship relationships

legal subsystems become more complex

greater differentiation between law and tradition, custom and religion

Question 25

baron de Montesquieu

Answer 25

influenced the framework for the constitution of the United States active in polictics against the absolutism of French monarchy law is integral to peoples culture

Question 26

Marx's theory of law

Answer 26

every society rests an economic foundation three principle assumptions of law 1. law is a product of revolving economic forces 2. law is a tool used by the ruling class to maintain power and control over the lower class 3. in a communist society law with wither away and disappear

Question 27

Weber's 3 types of administrations

Answer 27

developed a typology of legal systems which makes 2 fundamental distinctions of legal procedure and law: substantive irrationality formal irrationality substantive rationality formal rationality khandi justice empirical justice rational justice

Question 28

legal realism

Answer 28

judges are responsible for formulating law judges exercise choice judges make decisions based on their concept of justice

Question 29

emile Durkheim

Answer 29

the division of labour in society law is a measure of the type of solidarity in society -mechanic -organic two types of laws

Question 30

Donald black

Answer 30

law is a quantitative variable that can be measured by the frequency by which in a given social setting -statutes are enacted -regulations are issued -complaints are made 5 measurable variables of social life -stratification -morphology -culture -organizations -social control

Question 31

adjudication

Answer 31

settles disputes and mediates claims typically voluntary settlement of lower claims administrative procedure act of 1946

Question 32

private dispute

Answer 32

Absence of initial participation by public authorities dispute of everyday life legal and non-legal methods of dispute resolutions

Question 33

public defendant dispute

Answer 33

government participants as defendant challenge of authority of government agency initiated by individuals or organizations claims that government has not followed its own rules

Question 34

American court system

Answer 34

dual hierarchies state and federal courts decentralized structure includes trial courts, intermediate courts of appeal, and a court of last resort

Question 35

federal court system

Answer 35

divided into 13 circuit courts of appeal directly above district courts supreme court is last resort

Question 36

4 groups of participants

Answer 36

litigants- individuals, organizations, govt officials who are trying to settle disagreements lawyers- provide assistance to litigants navigating laws, rules and procedures of court system judge- interpret rules and govern proceeding juries- listen and decide the interpretation of events

Question 37

function of legislative bodies

Answer 37

lawmaking, conflict management and integrative functions includes legislators, executives and lobbyists

Question 38

legislators

Answer 38

serves as the elected position of representative

Question 39

executives

Answer 39

source of ideas and instruments of the law

Question 40

lobbyists

Answer 40

contact person, campaign organizer and watchdog

Question 41

administrative agencies

Answer 41

administer their relative legislation investigation, rule making and adjudication

Question 42

investigation

Answer 42

gathering of information

Question 43

rule making

Answer 43

administrative lawmaking

Question 44

adjudication

Answer 44

administrative agencies equivalent of a judicial trial

Question 45

judges

Answer 45

apply the law all attention interpret the rules that govern proceedings autonomous decision maker discretionary power

Question 46

jury

Answer 46

scientific jury selection surveyed, questioned if biased won't be used both sides are allowed to do this to jury

Question 47

Oliver wendell holmes

Answer 47

Supreme Court justice legal realism -judges responsible for formulating law -judges exercise choice -judges make decisions based on their conception of justice

Question 48

perspectives on law making

Answer 48

Rationalistic model- laws are created as rational means of protecting societal members from harm functionalists view- laws are a special kind of deinstitutionalized custom conflict theory- values dissensus , unequal access and cleavages of society as the basic determent of law moral entrepreneur thesis- attributes key events to the presence of enterprising individuals and groups

Question 49

legislative generation

Answer 49

6 stages instigation and publicizing of a particular problem, information gathering, formulation of specific legislative remedy, interest aggregation or gathering support for the legislation, mobilization, modification

Question 50

administrative adjudication

Answer 50

process to which specific, limited parties bring a case of controversy to the administrative agency for hearing

Question 51

rule making vs adjudication

Answer 51

rule making - single most important function - defines the agencies mission -formulation of policies and procedures -3 types of rules -procedural -interpretive -legislative adjudication -for settling disputes and mediating claims -specific controversial cases

Question 52

judicial lawmaking

Answer 52

increasing source of law in the u.s 3 primary types of judicial lawmaking 1. by precedent 2. by interpretation of statuses 3. by interpretation of constitution

Question 53

influences on lawmaking

Answer 53

interest groups, public opinion and social sciences all influence lawmaking

Question 54

social control

Answer 54

2 basic processes - internalization of group norms -control through external pressure

Question 55

internalization of group norms

Answer 55

consequence of socialization

Question 56

informal social control

Answer 56

folkways, mores, more effective in small groups

Question 57

formal social control

Answer 57

-more complex -higher division of labour -competing subgroups with different mores and ideologies -laws, regulations, codes

Question 58

folkways

Answer 58

established norms of such common practice such as those that specify modes of dress, etiquette, and language ex. covering mouth when sneezing, raising hand to speak

Question 59

mores

Answer 59

societal norms associated with intense feelings of right and wrong and definite rules of conduct that simply must not be violated

Question 60

victimless crimes

Answer 60

seen as morally repugnant harm occurs primarily to the participating individuals ex. drug addiction, gambling, prostitution

Question 61

white collar crimes

Answer 61

crimes committed in connection with an occupation

Question 62

administrative law and social control

Answer 62

accomplished through licensing, inspection and the threat of publicity

Question 63

license

Answer 63

official permit to engage in a specified activity

Question 64

inspection

Answer 64

allows for regular monitoring of activities

Question 65

threat of publicity

Answer 65

effective against businesses and corporations in that negative publicity produces adverse consequences