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Definition
| Substantive (Rights, duties, and prohibitions administered by courts), Procedural (How Subs laws are administered- enforced, changed, and used), Public (Includes admin, criminal, procedural, and constitutional law), Private (both substantive and procedural rules governing relationship), Civil (rules to govern conduct of individuals relationships with others), and Criminal (definition of crime/prosecution and penal treatment of offenders) |
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Government IS social control
4 styles: (1) Penal, (2) Compensatory, (3) Therapeutic, and (4) Conciliatory |
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3 objectives: (1) Law must provide national security, (2) Law has economic task of making sure everyone is provided for "according to his needs", and (3) education, overcome our heritage's selfish and anti social tendencies.
The source of socialist law is legislation.
Socialist law rejects the separation of powers.
The central notion of socialist law is the concept of ownership. |
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| 3 sources for making Islamic Laws: (1) Koran, (2) Sunna, and (3) judicial consensus. Also, (4) analogical reasoning. |
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Definition
(1) Social control: informal and formal
(2) Dispute settlement
(3) Social change: law is often used as a method of social change, a way to bring about planned social change by the government |
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Definition
| Law is a neutral framework without bias, reflects compromise and consensus among interest groups; control interests and maintains harmony in the interests of all |
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| Law is a weapon or an instrument of oppression; made to protect special interests of those in power, ruling class exercises control |
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Definition
(1) They believe that the discovery of causal laws is the ultimate goal of sociology, but the understanding (Verstehen) of people's motives is central.
(2) They aim to demystifying the world- to show people what constraints them and what their routes to freedom are
(3) They endorse the role of being simultaneously a student and an agent of social action (Praxis- the wedding of theory and action) |
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Term
| Methods of Data Collection |
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Definition
(1) Historical: life histories method
(2) Observational
(3) Experimental: testing causal relationships *Match Pair Technique
(4) Survey: comprehensive collection of attitudes, beliefs, and behavior of others |
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Definition
| Ruling class owns everything; law is a product of evolving economic forces |
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Term
| Max Weber- Typology of Legal Systems |
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Definition
Rationality=Universalistic
Rational Procedures: involves the use of logic and scientific methods to attain specific objectives
Irrational Procedures: rely on ethical or mystical considerations, such as magic or father in the supernatural
Formal Law: refers to making decisions on the basis of established rules, regardless of the notion of fairness
Substantive Law: takes the circumstances of individual cases into consideration along with prevailing notion of justice
(1) Substantive Irrationality
(2) Formal Irrationality
(3) Substantive Rationality
(4) Formal Rationality |
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Term
| Max Weber- Three types of Administration of Justice |
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Definition
(1) Kahdi (dispensed by judge in Shari'a court)
(2) Empirical Justice: the deciding of cases by referring to analogies and by relying on and interpreting rationality, more rational than Kahdi
(3) Rational Justice: based on bureaucratic principles, universalistic, looks toward contract, not status |
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Term
| Emile Durkheim- Types of Solidarity |
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Definition
Mechanical: prevails in relatively simple and homogeneous societies where unity is ensured by close interpersonal ties, similarity of habits, ideas, and attitudes (associated with Repressive and Penal Law) Punishment is a mechanical reaction
Organic: characteristic of modern societies that are heterogeneous and differentiated by a complex division of labor |
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Term
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Definition
Known for his doctrine "The rule of law"
(1) No one is punishable except for a distinct breach of law, and therefore, the rule of law is not consistent with arbitrary or even wide discretionary authority on the part of the government
(2) The rule of law means total subjection of all classes to the law of the land, as administered by the courts
(3) Individual rights derive from court precedents rather than from constitutional codes |
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Definition
| One of the founders of "Legal Realism": judges are responsible for formulating law rather than making a decision. He considers law largely as a body of edicts representing the will of dominant interests in society, backs by force |
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Definition
| Considers law and the legal systems as a property of a specific communit or subgroup of a society -" Without the sense of community there can be no law. Without law there cannot be for long a community". Law exists to some extent even in the simplest societies (informal sanctions) |
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| Basic Elements of Functionalism |
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Definition
| Societies analyzed holistically as systems of interrelated parts, Cause/effect multiple/reciprocal, Social systems in dynamic equilibrium, Perfect integration is never attained, Change is slow, Change is consequence of adjustment outside of system, and System is integrated through shared values |
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| Critical Legal Studies Movement |
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Definition
| Law is inseparable from culture; good lawyer argues anything leading to corruption (CLS/CRITS) |
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Definition
| Feminists are pragmatists, tough on crime has lead to negative consequences for women, emerged as the backdrop of massive political movements |
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| Critical Race Theory (CRT) |
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Definition
| Concerned with discrimination, oppression, differences, equality, and lack of diversity; being oppressed creates disadvantages, critique is that people of color are becoming more equal |
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Term
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Definition
(1) Private
(2) Public-Initiated
(3) Public-Defendent |
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Term
| Most important function of courts |
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Definition
| Disputes; where court cases begin |
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Definition
(1) Litigants
(2) Lawyers
(3) Judges
(4) Juries |
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Term
| Participants in Legislative Process |
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Definition
(1) Legislators
(2) Executives
(3) Lobbyists |
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Term
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Definition
| Investigation, rule-making (most important function of government agencies), and adjudication |
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Term
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Definition
| Investigation, rule-making (most important function of government agencies), and adjudication |
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Term
| Perspectives on Lawmaking (4) |
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Definition
(1) Rationalistic Model: Laws are rationally created to protect society
(2) Functionalist Theory: Bohannon- laws are re-institutionalized custom
(3) Conflict Theory: Chambliss- Vagrancy laws; elite class and social control
(4)Moral Entrepreneur Theory: |
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Term
| The Pre-Lawmaking Stages (6) |
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Definition
(1) Instigation and publicizing of a particular problem (Mass Media)
(2) Information gathering (Collecting Data)
(3) Formulation (Advocating a remedy)
(4) Interests-aggregation (obtaining support)
(5) Mobilization (Exertion of pressures)
(6) Modification (Marginal alteration of a proposal) |
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Term
| 3 Components of Judicial Lawmaking |
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Definition
(1) Lawmaking by the precedents
(2) Interpretation of statutes
(3) Interpretation of constitutions |
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Term
| Things That Influence Lawmaking Process |
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Definition
| Interest groups, public opinion, and social science |
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Term
| Sources of Impetus for Law |
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Definition
(1) Detached scholarly diagnosis
(2) Voice from the wilderness
(3) Protest activity
(4) Social movements
(5) Public-interest groups
(6) Mass media |
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Term
| Two Views of Reciprocity between Law and Social Change |
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Definition
(One View): Law is determined by the sense of justice and the moral sentiments of the population, and the legislation can only achieve results by staying relatively close to the prevailing social norms.
(Other View): Law, and especially legislation, is a vehicle through which a programmed social evolution can be brought about. |
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Term
| 3 Types of Legitimate Authority (Weber) |
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Definition
(1) Traditional
(2) Charismatic
(3) Rational-legal |
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Term
| Imperative Coordination (Weber) |
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Definition
| The probability that specific commands from a given source would be obeyed by given groups of persons |
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Term
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Definition
| Obedience to authority can be based on custom, affectual ties, or purely material complex of interests |
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Definition
| Involves negative sanctions and positive rewards |
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| Proscriptive Policymaking |
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Definition
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Term
| Factors Related to Resistance to Change |
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Definition
(1) Social Factors: Vested interest, social class, ideological resistance, and organized opposition
(2) Psychological Factors: Habit, motivation, ignorance, selective perception, and moral development
(3) Cultural Factors: Fatalism, ethnocentrism, incompatibility, and superstition
(4) Economic Factors: Cost and limited economic resources constitutes a barrier |
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Term
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Definition
(1)Internalization of group norms
(2)Control through external pressures |
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Term
| Types of Informal Social Controls |
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Definition
(1) Folkways & Mores
(2) Gossip
(3) Fear
*All are effective devices employed by society to bring conformity |
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Term
| Types of Formal Social Controls |
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Definition
The goals of punishment are
(1) Retribution
(2) Incapacitation
(3) Specific/General deterrence |
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Term
| Effectiveness of Threats (3 variables) |
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Definition
(1) Severity of Punishment
(2) Certainty that it will be applied
(3) The speed to which it will be applied |
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Term
| Instrumental Offenses (Chambliss) |
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Definition
| Include burglary, tax evasion, embezzlement, and motor vehicle theft - also, other illegal activities directed toward some material goal |
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Term
| Expressive Acts (Chambliss) |
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Definition
| Include murder, assault, and sex offenses- where the behavior is an end in itself. |
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Term
| Chambliss Deterrence Hypothesis |
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Definition
| The deterrent impact of severe and certain punishment may be greater on instrumental crimes because they generally involve some planning and weighing of risks. Expressive crimes, by contrast, are often impulsive and emotional acts. |
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Term
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Definition
A noncriminal process that commits disables or otherwise dependent individuals, without their consent, to an institution for care, treatment, or custody- rather than punishment.
Refers to Medicalization- The process of defining behavior as a medical problem or illness and mandating treatment be provided |
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Term
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Definition
| Behavior made criminal by statute by there is no consensus as to whether these acts are criminal; acts against public interest or morality |
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Definition
| Evil in themselves with public agreement on the dangers they pose |
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Definition
| First law to attempt to regulate drug use in the U.S.; a series of prohibitive taxes |
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Term
| White-Collar/Corporate Crime (Sutherland) |
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Definition
| Committed in the furtherance of business operations, benefit is for corporation to increase profit |
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Term
| White-Collar/Corporate Crime (Sutherland) |
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Definition
| Committed in the furtherance of business operations, benefit is for corporation to increase profit |
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Term
| Occupational Crime (Sutherland) |
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Definition
| Crimes in connection with offenders occupation, benefit is for the individual |
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Term
| Regulatory Agencies that Control Corporate Crime |
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Definition
(1)Prospective: licensing when control is exercised before deviant acts occur
(2)Processual: inspection where control is continuous
(3) Retrospective: when a lawsuit is brought for damages after deviance has occured |
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Term
| 3 Types of Administrative Law Making and Social Control |
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Definition
(1) Licensing
(2) Inspection
(3) Threat of Publicity |
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Term
| The Primary Function of Law |
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Definition
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Term
| 3 Phases in the Dispute Process |
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Definition
(1) Grievance or Pre-Conflict Stage: situation where something is found unjust and aggrieved party contemplates filing a complaint
(2) Conflict Stage: aggrieved party confronts offending party
(3) Dispute Stage: involvement of 3rd party- goes to court |
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Term
| Types of Coping with Disputes |
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Definition
Lumping It: ignoring the issue in a dispute while continuing the relationship; gain is too low and cost is too high
Avoidance: limiting the relationship with other disputants sufficiently so the dispute no longer remains salient
Exit: withdrawing from a situation or terminating a relationship |
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Term
| Primary Resolution Process |
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Definition
(1) Negotiation
(2) Mediation
(3) Arbitration
(4) Adjudication |
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Term
| Hybrid Resolution Process |
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Definition
(1) Rent-a-judge
(2) Mini trial |
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Term
| Genetic Factors Explaining Litigation (Goldman & Sarat) |
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Definition
(1) Social Development: changes in structure bring increased reliance on courts
(2) Subjective Cost/Benefit Analysis
(3) Creation of more legally actionable rights and remedies by legislatures and courts |
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Term
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Definition
| Combines mediatory and investigatory functions in dispute resolution. In classic model, the ombudsman is a public official designated to hear citizen complaints and carry out independent fact-finding investigations to correct abuses of public administration |
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Term
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Definition
| Real and substantial controversy that is appropriate for judicial determination; conflict is viable to trial and courts; the court may be mandated to provide a remedy |
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Term
| Typology of Litigants (Galanter) |
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Definition
One-Shotters: Occasional recourse to the courts
Repeat Players: those who engage in many similar litigations over time |
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Term
| Types of Litigation (Galanter) |
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Definition
(1) One-Shotter vs. One-Shotter (divorces)
(2) Repeat Player vs. One-Shotter (finance companies vs. debtors)
(3) One-Shotter vs Repeat Player (Tenant vs. landlord/ student vs. University)
(4) Repeat Player vs. Repeat Player (Union vs. management) |
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Term
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Definition
| Creditors and regulators are suing lawyers and investment bankers for alleged malpractice because they are the only solvent targets |
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Term
| Law and Organization (Galanter & Black) |
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Definition
They are inversely related.
"Organization provides an immunity from law...an offense committed by an organization is less serious than offenses by an individual on his own, the more organized the organization the less serious it is" -Black |
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Definition
| When the government pursures broad national objectives that may involve or impinge upon many interests and groups raise difficult political and value questions |
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Definition
| Term used to describe activities of the foundation- supported law firms that represent environmentalists and consumers, as well as test litigation in civil rights and poverty controversies |
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Term
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Definition
| National Association of Public Interest Law- Founded in 1968 by law students. Created more opportunities for students and lawyers interested in the public-interest area of law |
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Term
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Definition
| Established in A.D. 725 by Welsh King Morgan of GlaMorgan |
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Term
| Most Important Function of a Trial Jury |
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Definition
Jury Selection - Voir Dire (to see, to tell)
Purpose:
(1) To obtain information on jurors and rid and juror biases
(2) Enables attorneys to develop rapport with jury members
(3) Change values, attitudes, and perspectives of jurors |
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Term
| Scientific Jury Selection (3 Steps) |
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Definition
(1) Random sample drawn from population (demographics compared with other prospective jurors)
(2) After sample is drawn, another random sample is drawn from jury pool (to determine demographics, personal, and attitudinal characteristics)
(3) After psychological and demographic profile is established, scientists can make recommendations for selection of individual jurors |
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Term
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Definition
| Simulated juries, used to gain feedback for lawyers on how to try cases. Important because, techniques of effective communication and persuasion need to be called to the attention of lawyers. |
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Term
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Definition
(1) Agent
(2) Advocate
(3) Jurisconsult |
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Term
| The American Bar Association |
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Definition
| Formed in 1878, same year federal courts opened the door to women attorneys |
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Term
| The Role of Lawyers is Conditioned by... |
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Definition
(1) Industrialization
(2) Bureaucratization
(3) Business Transactions
(4) Expansion of Legal Entitlements
(5) Growth of Regulation, Crime Rates, and Attitudes |
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Term
| 4 Principle Subgroups in the Legal Profession |
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Definition
(1) Private Practice (74%)- counseling, negotiating, drafting, litigating, investigating, and researching; has hierarchy.
(2) Government Service (12%)- Federal, state, county, and municipal gov'ts
(3) Private Employment (12%)- Often referred to as House Counsels employed by private businesses
(4) Judiciary (very small portion)- Typically elected by popular vote; judge can only be removed from office for gross misconduct and only by formal procedures |
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Term
| Factors which effect Lawyers Income |
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Definition
(1) Type of Practice
(2) Reputation of Law School
(3) Achievement in Law School
(4) Age/Length of Practice
(5) Degree of Specialization
(6) Region/Population of Place of Practice |
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Definition
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Term
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Definition
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| Legal Service Attorneys 5 Main Areas of Concentration |
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Definition
(1) Family
(2) Consumer
(3) Housing
(4) Landlord-tenant
(5) Welfare |
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Term
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Definition
| Deals with the lawyers relations with clients, other lawyers, the court, and the public |
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Term
| Model Rules of Professional Conduct |
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Definition
Adopted by the Bar Assoc. in 1983
(1) Client-Lawyer Relationship
(2) Lawyer as Counselor
(3) Lawyer as Advocate
(4) Transactions with other persons
(5) Law Firms and Associations
(6) Public Service
(7) Information about Legal Services
(8) Maintaining the Integrity of the Profession |
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Term
| Weaknesses of the Model Rules of Professional Conduct |
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Definition
-The rules are not binding and the adoption of them is not required or monitored.
-The Bar Assoc. exerts no control over state bars in this process.
-Enforcement is not obligatory.
-Although the ABA advocates uniform standards in disciplinary procedures, it is unable to instrument uniform adherence. |
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