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NEU Psych & the Law Spring 2011 Ch 2
These flashcards cover all review material at the end of chapter 2
32
Psychology
Undergraduate 1
01/24/2011

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Cards

Term
What is the adversarial system?
Definition

The adversarial system is a system of resolving disputes in which the parties, usually represented by counsel, argue and present evidence to a neutral fact finder, who makes a decision based on the evidence and arguments presented by the parties. This differs from an inquisitorial system in which mostly inquiries are made

Term
What is alternative dispute resolution?
Definition

ADR is any legal mechanism used to settle a conflict without going to trial

Term
What is arbitration?
Definition

Arbitration is a form of dispute resolution in which a neutral third party makes a decisions that is binding on the two disputants

Term
What is the attitudinal model of decision making?
Definition

This is a description of decision making that focuses on judgments about the facts or disposition of a case in light of one's ideological attitudes and values

Term
What is attribution theory?
Definition

Attribution theory is a theory in social psychology that deals with the explanations people make for the causes of their behavior and the behavior of others

Term
What is black letter law?
Definition

Black letter law are the basic principles of law generally accepted by courts and embodied in statutes

Term
What is commonsense justice?
Definition

Commonsense justice is ordinary citizen's basic notations of what is just and fair in contrast to the dictates of formal, statutory law

Term
What is deinstitutionalization?
Definition

Deinstitutionalization is the long-term trend of closing mental health hospitals and transferring care the community-based mental health treatment facilities

Term
What are deliberative processes?
Definition

Deliberative processes are thought processes that involve mental effort, concentration, motivation and the application of learned rules

Term
What is distributive justice?
Definition

Distributive justice are concerns about what is right or just with respect to the allocation of goods within a society

Term
What is euthanasia?
Definition

Euthanasia is the act of killing an individual for reasons that considered merciful

Term
What is extrinsic motivation?
Definition

Extrinsic motivation is a form of motivation that primarily involves pursuing goals that would please and impress others

Term
What is the inquisitorial approach?
Definition

The inquisitorial approach is the procedure used in Europe in which questioning is strictly the responsibility of the judge, not lawyers or attorneys

Term
What is the legal definition of intention?
Definition

Intention is defined as the offender's fame of mind in committing a criminal act

Term
What is intrinsic motivation?
Definition

Intrinsic motivation involves pursuing goals that invovle internal or personal desires rather than external incentives

Term
What are intuitive processes?
Definition

Intuitive processes are incidents of spontaneous mental processes which are often acted on but not thought through with careful thought or effort

Term
What is the legal model of decision making?
Definition

The legal model of decison making is the model that suggests that legal decision makers dispassionately consider the relevant laws, precedents and constitutional rpinciples and that personal bias has no part in decision making

Term
What is mediation?
Definition

Mediation is a form of ADR in which a neutral third party helps the disputing parties agreee on a resolution to their conflict

Term
What is the legal definition of negotiation?
Definition

Negotiation is the process of conferring with another to attempt to settles a legal matter

Term
What is procedural justice?
Definition
Procedural justice is the sense that the methods for resolving a dispute have
Term
What is meant by being risk averse?
Definition

To be risk averse means to be unwilling to take a chance

Term
What is a summary jury trial?
Definition

A summary jury trial is a brief presentation of both sides of the case, uually lasting only one day, in which a jury renders a verdict that is only advisory to the judge

Term
What is therapeutic jurisprudence?
Definition

Therapeutic jurisprudence is a position that one aspect of the study of the law should be a consideration of the mental health impact of the legal system upon its participants and clients

Term
What is a writ of centiorari?
Definition

A writ of centiorari is an order by an appellate court allowing an appeal from a lower court; used in cases when the appellate court may, but is not required to, allow the appeal

Term
What are the major differences between the adversarial and inquisitorial legal systems?
Definition

Adversarial systems are often chastized for their uninvited competitive attitude and presentation of evidence and questioning are done by each respective side whereas in the inquisitorial approach the judge is primarily the person who introduces evidence and questions witnesses and people involved. The adversarial system, in the end, is typically seen as the fairer system of the two

Term
How do notions of morality and legality differ?
Definition

What is considered legal is not always deemed moral and vice versa. The issue of euthanasia is critical here and many people often have moral underlying beliefs that sometimes trump what is deemed legal

Term
How do different models of justice explain people's level of satisfaction with the legal system?
Definition

According to the distributive model of justice, people's acceptance of a legal decision is related to whether they think the outcome is fair. According to the procedural justice model, fairness in the proceedures is a more important determinant of satisfaction

Term
What are some examples of problem solving courts and how do they differ from traditional courts?
Definition

Drug courts and juvinile courts are two examples of problem solving courts. Instead of dealing with interparty issues or major criminal offenses these courts try to solve problems by acting on the decisions and behaviors of the defendants. These courts use things like therapy and medical doctors to try and help defendants with their problems before they end up in the big time courts for big time offenses

Term
How are judges selected and how do their personal characteristics influence their decisions?
Definition

Federal judges are selected and run for their entire life if so desired. State judges are appointed but they run in retention elections. Law school and other factors tend to make judges somewhat less biased but their biases and predispositions do tend to give them some level of bias

Term
How does the experience of law school affect its students?
Definition

The mental effects are nearly traumatizing. Self motivation drops remarkably and intrinsic motivation nearly nose dives

Term
What have been the experiences of women and minorities in the legal profession?
Definition

Both groups still lag behind in law school enrollment and in numbers at private practices. Affirmative action cases have been won by law schools which is somewhat helping to improve the disparity

Term
What are some common criticisms of lawyers?
Definition

Lawyers can sometimes tend to overcomplicate matters, they can be known for disregarding the truth and they can be known for filing silly lawsuits seeking major damages

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