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law and society exam
| Term | Definition |
|---|---|
| judicial review | the job of the court, no law of executive order can violate the Constitution |
| Marbury v Madison | established judicial review |
| judicial supremacy | have to follow rulings, do not have to agree |
| how is a court able to act on a case? | a case or controversy has to be brought before the court in order for the court to act |
| characteristics of statutory law | written, has a purpose/legislative intent, clear and concise, generally known, not retroactive |
| social functions of law | social change and social control |
| constitution republic | |
| article 1 | job of legislature is to write laws |
| article 2 | job of executive branch is to enforce laws, chief executive job limits |
| article 3 | job of judicial branch is to decide whether these laws created by legislature are constitutional |
| bill of rights | 10 amendments written because the constitution was giving power to the gov and didn't want another monarchy, protects us from the gov |
| 1st amendment | congress can't establish religion, control freedom of speech, press, right to assemble and petition the gov (sue) |
| burden of proof | amount of evidence needed to prove a crime did occur, state has not defendant |
| criminal burden of proof standard | proof beyond a reasonable doubt |
| civil burden of proof standard | preponderance of evidence |
| 3 categories of courts | fact finding, appeals court, final appeals court |
| elements of culture | influence how law is created and interpreted, belief that court should do justice, value the freedom to be governed not ruled, norms are due process/bill of rights, symbol is the US Constitution, technology are miranda warnings |
| what is law | created in response to a social problem, has to be studied and written, created by a duly elected legislature, citizens impact by voting, bill goes to senate, HoR, then governor |
| positive law | writing and passing laws |
| living law | people's customs, beliefs, action |
| Magna Carta | controlled/wrangled King John, everyone must follow law |
| declaration of independence | Jefferson wrote to England and King, taxing was unjust, not ruled but governed, rights are god-given, must change a gov that works against life, liberty, and the pursuit of happiness |
| judicial precedence | what happened in the past will stay the same, |
| binding | |
| standing | |
| how does precedence change? | cultural changes influence society |
| ethnocentric | centered around your own culture, suspend judgement when analyzing other cultures |
| natural rights | rights come from a higher power, not the government |
| legislative intent | laws have a purpose |
| equity | an assessment of fairness by a judicial authority or prosecutorial agent |
| the rule of law | no one is above the law and the rights of the individual are guaranteed by the constitution |
| legal formalism | legal rules should be logical and followed even if immoral, if the law is logical then follow it |
| legal realism | the practice of the law, the study of legal decision making, context and reasoning are taken into consideration, explanation not excuse of committing a crime |
| Roscoe pound | the idea that what laws say and do aren't always similar |
| aggregate | collection, total |
| social informal control | examples are shaming and shunning people |
| social formal control | |
| due process | fundamental fairness |
| 14th amendment | due process, equal protection |
| liberty | freedom of religion, speech, press, choose your own path |
| stare decisis | let the decision stand |
| fact finding court | hearings, testimony, trials, evidence |
| appeals court | rules and find precedence, bound by Final appeals |
| final appeals court | supreme court |
| executive order | isn't law but has the weight of one, used in times of crisis by governor or president |
| general intent | intent to engage in conduct |
| specific intent | intent to achieve a specific result, intent to cause such result |
Created by:
23cryera