Definitions & Theories
Courts
Disputes
Criminal Procedure
SCOTUS
100

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?

100

98% of ALL legal cases are filed where in the structure of the dual court system?

What are State courts?

100

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?

100

These individuals are considered the most powerful figure in the criminal justice system.

Who are prosecutors?

100

These two Supreme Court justices had an unlikely but very strong friendship.

Who are Justice Scalia and Justice Ginsburg?

200

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?

200

These 94 courts are the first stop for cases in the federal judicial system.

What are Federal District Courts?

200

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?

200

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?

200

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?

300

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?

300

*****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?

300

Sander County evolved from a socially cohesive community of ________ relationships to a more diverse community of _______ relationships.

What is “multiplex” to “simplex”?

300

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?

300

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

400

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?

400

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?

400

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"?

400

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?

400

_________ 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?

500

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?

500

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

500

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?

500

This category of defense attorneys represents the majority (80%+) of indigent defendants.

Who are public defenders?

500

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?