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Law & Society 2
Question | Answer |
---|---|
4 views on law making | Rationalistic Functionalistic Conflict Moral entrepreneur |
6 pre-law making strategies | 1) publicizing 2) info gathered 3) Formulation 4) Interest aggregation 5) Mobilization 6) Alteration |
Legislative law-making | create/pass laws |
judicial law-making | interpret/change laws |
Amicus curiae | "Friend of the court" |
Informal social control | homogenous, small, traditional society |
Mores | societal norms of right/wrong |
Folkways | common practices |
Formal social control | complex, heterogenous, deterrence |
Legalization | make something legal |
Decriminalization | reclassify crime, or reduce penalty |
3 purposes of punishment | retribution taking away freedom incapacitation |
Deterrence | effectiveness: certainty, celerity, severity general, specific |
Medicalization of deviance | civil commitment rehabilitation |
White collar criminal | Older: 30-50 Male College rich |
Street criminal | younger: 16-24 male low edu poor |
Causes for occupational opportunity crime | competition greed economic |
Death penalty: why continue/discontinue | Continue: based on public opinion --> yes! discontinue: costly, irreversible |
Respondeat superior | "sins of the employee is imputed to the employer" |
4 types of litigants | 1 shooter v. 1 shooter 1 shooter v. repeat player Repeat player v. 1 shooter Repeat player v. Repeat player |
Example of 1 shooter litigant | Student |
Example of 1 shooter repeat player | Northwestern Mutual |
3 distinct phases of litigation | 1) Grievance (pre-conflict) 2) Conflict 3) Public |
Primary resolution process | 1) Negotiation 2) Mediation 3) Arbitration: Adjudication, Hybrid processes |
Reasons for litigation | -increased demand for court services -social development: increased # of court agencies -costs & benefits -rights and remedies |