Quiz 2 Flashcards
Argument in favor of gov’t regulation…
The government should be able to protect citizens from harm
Why is regulation legalistic?
- Government is inefficient, regulation cant catch everything
- Regs impose costs on industries
- Regulations tend to be over-inclusive (majority of people aren’t doing wrong, TSA)
Difference between USA and Japan’s regulatory state…
USA is means oriented, you need X for Y
Japan is goal oriented, helping with the issue of over-inclusive regs
Why is US regulation so unpredictable?
It is purposefully ambiguous and unclear
What two things do American regulations do?
- They impose prophylactic rules (like record-keeping, reporting, and certification)
- They impose penalties like monetary fines and prison sentences
How is American regulation a 2-tiered system?
Attempts to prevent violations, and subsequent punishment if they are broken.
Pros and Cons of adversarial legalism in criminal justice…
Pros:
-Protects individual rights
-Promotes search for truth
-Protects against gov’t overreach, fairness
Cons:
-Punitiveness, ex. death penalty
-Inequality, ex. public defenders overworked
-Cumbersomeness, expensive/time-consuming
Exclusionary rule…
If police obtain evidence against you in violation of your rights, then it may not be used in court (probable cause/warrant)
Problem of discretion in policing…
There are limited police resources, thus it is necessary for them to use discretion in their duty
What is civil law?
-Bodies of law that cover non-criminal wrongs
-person-to-person, while criminal law is considered to be against society as a whole
Where is there adversarial legalism in civil law?
-Attorneys are prompted to seek out individuals who have been wronged (entrepreneurial)
-Contingency fee, when a case is won the attorney takes a share of the settlement
Features of ad legalism in the Roberta Gilmore Case…
- Gilmore able to file a suit
- Contingency fee, attorneys made money
- Pre-trial discovery allows lawyers to dig up evidence of wrongdoing
Features of the civil justice system in the US…
- Redundancy
- Long, grueling nature of trials
- Expensive
- Delay
Why is the US legal system filled with uncertainty?
- Less professional, politicized judiciary
-Juries are comprised of non-experts
-50 states, many different legal procedures, and fed law
What is the Tort Law System?
A regulatory mechanism, providing relief to people who have been harmed by negligence of others.
How is tort law regulatory?
It provides standards by which people must follow, consequences if they fail to do so…relying on citizens to bring about this regulation in court.
Political contentiousness of the tort law system…
-1960s… revolution in tort law that made it easier for plaintiffs to sue.
-No more gov’t immunity
-Suits for emotional damage
What is the welfare state?
System of policies to aid the disadvantaged, administered by agencies and private actors
Why is the US regulatory system fragmented?
Often reliant on individual states to implement, thus this leads to disparity.
The welfare state and ad legalism
-Programs rely on legalistic rules to coordinate a fragmented system, thus it results in both complexity and ambiguity.
