Definitions & Theories
Imagine if Congress passed a law that would encourage and provide veterans with treatment for PTSD. This is an example of which function of law?
What is the social change function of law?
98% of ALL legal cases are filed where in the structure of the dual court system?
What are State courts?
If someone has an unpleasant situation with a roommate, but decides to just deal with it and stay put, instead of taking any action, this person is engaging in this type of dispute resolution.
What is lumping?
These individuals are considered the most powerful figure in the criminal justice system.
Who are prosecutors?
These two Supreme Court justices had an unlikely but very strong friendship.
Who are Justice Scalia and Justice Ginsburg?
The duration of punishment for white collar crimes (relative to others) provides an example of this dysfunction of law, which may reflect the interest of powerful economic interests.
What is bias?
These 94 courts are the first stop for cases in the federal judicial system.
What are Federal District Courts?
In the Erin Brockovich example, the residents of the community near the factory causing health problems finally confront the company and demand compensation for their health problems and other damages. This stage of disputing is known as naming, blaming, or claiming?
What is claiming?
Herbert Packer’s ________ model of criminal procedure focuses on ensuring a defendant’s rights, but the ________ model emphasizes the need for quick prosecution and public safety.
What are due process and crime control?
During the last few decades, this Supreme Court justice has been identified as the key swing vote when it comes to 5-4 decisions.
Who is Justice Kennedy?
This philosophy is often associated with Oliver Wendell Holmes, and holds the view that “the life of law has not been logic, it has been experience.” Rather, that judges are NOT prejudice free in decision making.
What is Legal Realism?
*****DAILY DOUBLE***** While _________ relies on the use of precedent, ___________ makes a legal decision by trying to figure out what the drafters of the Constitution intended.
What are stare decisis and originalism?
Sander County evolved from a socially cohesive community of ________ relationships to a more diverse community of _______ relationships.
What is “multiplex” to “simplex”?
In this case, the US Supreme Court held that the 6th Amendment guarantees individuals charged with a felony access to a lawyer in criminal prosecutions.
What is Gideon v. Wainwright?
Chemerinsky argued that Bush v. Gore was NOT justiciable for multiple reasons. Name two of these reasons.
What are standing, ripeness, political question, state/federal jurisdiction
According to Durkheim, this type of solidarity exists in small homogenous preindustrial societies where people share the same values and beliefs.
What is Mechanical solidarity?
This doctrine allows an individual to be prosecuted for the same act in both federal and state court without it being double jeopardy.
What is dual sovereignty?
Upon being dismissed from jury duty, if I had made an emotional speech about the problems with the judicial system, I would have been demonstrating this type of legal consciousness.
What is "against the law"?
Brandon is accused of kidnapping and robbing a victim. The prosecution is offering to charge Brandon with only robbery, a charge that carries a lesser prison sentence, if he pleads guilty. Which type of incentive is the prosecution offering?
What is charge bargaining?
_________ is the name of the current Supreme Court nominee and her judicial decision making philosophy is best described as ______________.
Who is Amy Coney Barrett and originalism / textualism?
Marxism emphasizes the relationship between and interests of the bourgeoisie and the proletariat. This theoretical perspective most clearly aligns with which law and society perspective?
What is the Conflict perspective?
Federal question doctrine of Article III provides that federal courts may have original jurisdiction over a case under a few different circumstances. Name two of them.
U.S. is a party
Case involves law passed by Congress
Case raises a constitutional issue
Case requires int’l treaty interpretation
In Sander County, if anyone files a lawsuit, this action is found to be extremely offensive to the entire community. Durkheim might say that seeking legal remedies here violates the _________ of this community?
What is the collective consciousness or collective conscience?
This category of defense attorneys represents the majority (80%+) of indigent defendants.
Who are public defenders?
This type of Supreme Court opinion agrees with the holding in a case, but for different and/or additional reasons.
What is a concurring opinion?