Term
| How well do law school demographics mirror the general population? |
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Definition
| minorities, women, and poorer students are underrepresented |
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Term
| How does the cost of law school influence the career decisions of law students? |
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Definition
| students choose big corporate firms over public service law because of the extreme costs of law school |
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Term
| What factors influence how much an attorney can earn? |
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Definition
| location, private vs. public interest, law school |
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Term
| What is the relationship between social status and legal representation? |
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Definition
| The rich get better service because they can afford highly specialized attorneys and are often repeat players. Others are forced to use general attorneys and are disadvantaged by being one-shot players in court. The social hierarchy between the classes exist. |
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Term
| What are the "two hemispheres" of law practice and how do they differ? |
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Definition
| The first hemisphere is composed of specialized attorneys in large firms who serve large organizations. The other is composed of lawyers in small practices, with fewer resources serving individual clients. |
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Term
| What is the difference between "repeat players" and "one-shot" players? |
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Definition
| Repeat players are those who engage in many similar litigations over time, one-shot players only occasionally handle matters in court. |
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Term
| What is meant by the statement "the legal profession reflects the social hierarchy and adds to the relative advantages/disadvantages of the classes within" |
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Definition
| that the rich get better law and more justice |
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Term
| What is the rationale for granting judges lifetime tenure vs. electing them? |
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Definition
| Tenure reflects the belief of neutrality, that law is above politics and should be shielded from the impulses of the public. Election suggests that all officials should be held accountable to the public will. |
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Term
| What forces have led to "the demise of the American jury"? |
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Definition
1. America's growing professional bar led to restrictions that changed juries from law-interpreting bodies to a body easily manipulated 2. inconsistencies within the jury pool 3. the growing number of settlements 4. reform because of the complexity of modern trials, which would further diminish jury power |
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Term
| What are the two legal strategies that interest groups use to influence judicial decisions? |
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Definition
1. sponsor test cases: cases designed to test specific legal arguments and doctrines 2. file amicus curiae briefs: sponsoring one of the litigants in a case |
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Term
Why are interest groups increasing trying to influence the Supreme Court? |
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Definition
| In order to develop a legislative standard for their interests |
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Term
| What effects can the legal process have on social change? |
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Definition
| legal language and litigation threats strengthen movements. they also rally new members and put pressure on political institutions |
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Term
| What are some benefits conferred by the federal statutes on the basis of marital status? |
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Definition
| burial rights, medical, pension, social security, education loans, welfare |
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Term
| Describe the historical relation between the state and the family |
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Definition
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Term
| What consequences results from making family relations constitutional issues? |
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Definition
1. challenges the traditional autonomy of the family 2. challenges the authority of the state to enforce the common good 3. leads to the legalization of relationships between members |
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Term
| If the state restricts anyone's right to marry, what test must it pass to be constitutional? |
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Definition
| the state must demonstrate a "compelling" rationale |
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Term
| Briefly summarize Moore vs. East Cleveland; what does the case suggest about the relationship between state and family? |
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Definition
| Inez Moore was jailed and fined for living with her 2 grandsons in a single family housing district. the court eventually found that the state has no right to define such a personal thing as family |
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Term
| What is the basic principle behind the ruling in Zablocki vs. Redhail? |
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Definition
| that the right to marry is one of our fundamental liberties; a state may not condition access to a fundamental right based on income |
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Term
| What does the case Natalie and Isabelle Troxele say about the law's view of parental rights? |
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Definition
| that they support parental autonomy concerning the upbringing of their children |
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Term
| Give examples from the text to support the trend that American society is converting private relationships into legal ones |
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Definition
| divorce, procreation, abortion, custody rights |
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Term
| Compare Griswold v. CT to Eisenstadt v. Baird in terms of their implications for marital status vs. rights |
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Definition
| Griswold supported the protection of the family and the decisions within the family; In turn, Eisenstadt determined that rights are rights and they do not depend on a designated set of relationships |
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Term
| What was the court's ruling on Roe v. Wade and what was the logic behind it? |
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Definition
there is no constitutional basis for finding that life begins at conception; it also expanded the constitutionally protected zone of individual privacy |
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Term
| What are the only two ways that Roe v. Wade can be possibly overturned? |
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Definition
| by an amendment to the constitution or a change of direction within the Supreme Court |
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Term
| In modern times, what does parens patriae refer to? |
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Definition
| if parental control falters, the state must step in |
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Term
| Which court cases illustrate the legal problems associated with new reproduction technologies and what are their outcomes? |
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Definition
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Term
| On what basis what may adoption agencies not hamper or reject? |
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Definition
| marital status, age income, religious participation |
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Term
| Overall, how successful has the state been at prosecuting maternal conflict before birth? |
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Definition
| not very successful, however, they continue to bring suits |
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Term
| Under what conditions are parents legally allowed to not enroll their children in school? |
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Definition
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Term
| What is the controversy over bi-lingual education about and what factors led to the idea in the first place? |
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Definition
Bi-lingual education was controversial because it was seen as an intrusion by the federal government, unfair to native taxpayers, un-unifying, and a social hindrance to the immigrant kids. Lack of opportunities for
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Term
| What were the far reaching consequences of the SC decision in Davis v. Monroe County? |
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Definition
| lawsuits will increase, plaintiffs probably won't win, but administrators will have an extra incentive to fight sexual harassment |
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Term
| What is the role of juvenile courts? |
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Definition
| to aid, not punish children; to process abused children |
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Term
| What is the standard of proof in court actions involving juvenile status offenses, abuse, or neglect? |
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Definition
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Term
| What is the legal trend in deciding whether or not juveniles are to be tried as adults? |
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Definition
| the rates of juveniles being tried as adults are increasing dramatically` |
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