Foundations
Social control through social values, sanctions rewards, and punishments
Informal social control
The process of questioning prospective jurors or witnesses to determine their suitability or competence to serve on a jury or give testimony
Voir Dire
This type of campaign funding is unlimited and can come from any source
Dark Money
A harm in the civil court system
Tort
Emergency applications and procedural orders that are handled without briefing, oral arguments, and detailed opinions
The Shadow Docket
Refers to the idea our understandings of the world are constructed through social interactions
Social Construction
This amendment guarantees the right to a jury
Sixth Amendment
The idea that law rather than any person dictates what is permissible in society
Rule of Law
This case held that corporations have some of the same First Amendment rights as people
Citizens United (2010)
Refers to the fact Americans think they learn more about crime from television than firsthand experience
The CSI effect
The process by which people make sense of their experiences by relying on legal categories and concepts
Legal consciousness
Attitudes and values of those in the legal profession
Refers to ideas of elites, special interest groups, “ordinary people”, or general public
Legal Culture
This occurs when jury returns a verdict of “not guilty” despite believing beyond a reasonable doubt that the defend broke the law
Jury nullification
A means of social control that uses force to achieve compliance
Coercive
The presence of multiple legal regimes under one geopolitical unit
Legal pluralism
Listening to a client’s story and translate the events
Issue spotting
This view sees law as rational and impartial
Idealistic View
The process of deciding whether or not a particular law is unconstitutional
Judicial Review
Refers to creatively finding legal solutions to new problems by claiming faithfulness to sacred text
Legal fiction
The philosophy and science of law
Jurisprudence
These lawyers are focused on social change and reducing inequality
Cause Lawyers
This case was known for upholding Jim Crow laws and affirming the doctrine of “separate vs. equal”
Plessy v. Ferguson
This court system is based on judge-made case law
Civil Justice System
Includes the idea that social problems can be solved by letting people compete for wealth
Neoliberalism