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Miscellaneous
Nature and History of Law
The Case of the Speluncean Explorers
Traditional Legal Philosophies
From the Book/ More Misc.
100
Many of the cases we've examined involved this, "Eating of Human Flesh"
What is Anthropophagy
100
The old norse term(s) thought to be the origin of the word law
What is log or lag?
100
Describe Executive Clemency, which justice argued for this?
Executive Clemency= when a chief executive such as a President, commutes (lessens a sentence), or pardons someone convicted of a crime. (Truepenny)
100
So called "legal social engineering"
What is Sociological Jurisprudence?
100
What are the two types of juries and their functions?
Grand Jury=indictments, presenting jury. Petit Jury (trial jury) decides the case.
200
At least from this class's standpoint the definition of law
What is a set of rules created and enforced by a political entity enforced by the threat or use of coercion?
200
This aspect of the Babylonian "Code of Hammurabi" differentiated it from standard "legal" codes of the time
What is it was compiled by a secular ruler and/or the variety of legal matters covered?
200
Jurisprudence
What is the study of law as a set of legal principles that can be applied to specific cases?
200
This legal philosophy was pioneered during the depression era, and an outgrowth of F.D.R's New Deal.
What is American Legal Realism. "Law mediates competition to maintain social balance."
200
States that: behavior by nature is ambiguous. Labels amplify deviance. Labeling "deviants" occurs in a discriminatory fashion.
What is Societal Reaction Theory (Labeling Theory)? Other Themes?
300
Latin phrase meaning "an eye for an eye"
What is lex talionis?
300
The Anglo-Saxon compensation for a homicide
What is "wergild"?
300
What was Justice Fosters opinion?
Set aside the verdict, natural law was in effect. And purposive analysis. Describe these legal theories.
300
Jury Nullification is a legal philosophy statutorily allowed in two types of cases in Montana...
What are sedition cases, libel cases? Libel was the charge against John Peter Zenger (1735) the jury nullified the law in that case and Zenger was acquitted.
300
What are the aspects of a "good" theory?
Able to accurately explain, and predict empirical reality. And they are relatively simple.
400
What are the 4 "purposes" of law? Which legal system approaches law this way?
Retribution, Deterence, Incapacitation, Rehabilitation, Purposive Analysis of Law
400
The "Twelve Tables" was the law applied to what people? What differentiated it from other early legal systems?
What is Roman Citizens. Emphasized procedural due process rights.
400
What was Justice Handy's opinion, his reasoning?
To set aside the verdict, the court should follow public opinion and stay in touch with the sentiment of the common citizen.
400
In regards to jury nullification what would the other legal philosophies proponents say?
Legal Formalism= set against it, Natural Law=for it generally but depends on situation, Sociological Jurisprudence= for it if it makes society better, ALR= not right or wrong...but not opposed
400
Law has "Two Faces" name and describe these
Law as a normative system= a set of moral rules, Law as a game= rules, procedures used to settle disagreements in a non-violent way.
500
Describe Conflict VS. Consensus theories of law.
Consensus model views law as something that is created based on a common goal of society. I.E Durkheim/Collective Conscience. Conflict Theory argues that powerful interest groups control the legal system and that law comes about through conflict between these groups and others.
500
English law pioneered operating on Stare Decisis, what are the earlier cases called? How did they keep track of earlier decisions...Name and define the two terms.
Precedents...that which has been decided, Reports=record of earlier case...Court Case Reporters volumes/collections of court cases
500
What was the final decision in this case? What about the cases of Dudley & Stevens and Alferd Packer?
The original guilty verdict was upheld for the spelunkers. Dudley & Stevens were granted executive clemency. Alferd Packer was granted an early release on a legal technicality.
500
This legal philosophy states that the law is what it says; it is not open for interpretation by a judge or jury. It believes in an orderly structure. Judges don't make law they apply law. Judges opinions on other matters are irrelevant!
What is Legal Formalism?
500
What are Pound's five factors that limit the effectiveness of legal action?
Pg. 147-148 1. The problem of proof, 2. Reform creates intangible duties, 3. Subtlety of rules and laws, un-enforceability, 4. Law lacks actual remedies for many violations, 5. Law has difficulty achieving the goals it is meant to; it is not available to those who need it the most