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Definition
| Rights duties and prohibitions administered by the courts |
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Definition
How substantive laws are administered
EX. Selecting a jury |
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Definition
Structure of government
The duties and powers of officials,
Relationship between the individual and the state |
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Definition
| Substantive and procedural rules governing relationships between individuals |
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Definition
| Private laws concerned with the violation of torts or private wrongs |
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Definition
| Laws concerned with the violation of public wrongs |
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Definition
Judge Made Law
Started in England |
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Term
Major functions of law
SDS |
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Definition
Social control
Dispute Settlement
Social Change |
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Term
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Definition
Conservative Tendancies
Rigid Normative Framework
Restrictive Aspects of Normative Control
Inherent Discrimination |
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Definition
Law is framework for maintaining social integration
Society basically harmonious |
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Definition
Law is a tool used by ruling class and weapon used in social conflict
Society characterized by conflicting groups classes and dissention |
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| Maintaining Social Integration |
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Definition
| Movement of minority groups into mainstream of society |
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| Informal Social Control Adaquate When Society is: |
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Definition
Small
Homogenous
Isolated
Little division of labor |
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Term
Galantar's model of modern system
HUTUB |
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Definition
Uniform in application
Based on transactions
Universal
Heirarchical
Organized beureucratically |
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Term
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Definition
Law discovered through reason
Law is a reflection of societies universal set of principles |
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Definition
Legality and morality are seperate realms
Laws created by human beings |
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Term
| Karl Marx Three Principle assumptions of laws |
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Definition
Law is function of the economy
Law used by ruling class to maintain power and control
In communist society law will wither away or dissappear |
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Term
| Weber's 4 ideal types of law baseline |
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Definition
Rational (use of logic)
Irrational (ethical or mystical consideration)
Formal (regardless of fairness)
Substantive (takes into consideration individual cases) |
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Term
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Definition
Substantive Irrational
Formal Irrational
Substantive Rational
Formal Rational |
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Term
| Durkheim Theory Two types of law |
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Definition
Repressive (Offends collective conciouse)
Restitutive (compensation) |
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Term
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Definition
| Assumption that criminal behavior is caused by some factor outside of the individual's choice |
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Term
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Definition
| The percentage of former criminals who are re-arrested |
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Term
| Functionalist Approach Key Assumptions |
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Definition
Societies must be analyzed as a whole
Social Systems are in a state of equilibrium
Cause and effect relations are multiple and reciprocal
System integrated through shared values
Perfect integration is never attained |
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Term
| Conflict/ Marxist Approach |
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Definition
Behavior result of conflict and tension
Law created to preserve upper class status |
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Term
| Conflicts of Marxist theory |
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Definition
Simplification
Society much more complex |
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Term
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Definition
Reject law as value free and above outer movements
Nothing about the law makes any judicial decision inevitable |
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Term
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Definition
Concerned with discrimination in legality
Acknowledges racism critical part of society and tries to rectify that
Committed to separating racism from legal roots |
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Definition
| Male dominance in legality has lead to woman being perceived as objects |
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Term
| Most important function of courts |
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Definition
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Term
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Definition
Passive
Interpret and apply law
Public
Do not have agendas |
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Term
| How long of crime before right to trial by jury |
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Definition
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Term
| Judges rule on __ and juries rule on __ |
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Definition
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Term
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Definition
Law enforcement
Maintenence of order
Community Service |
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Term
| Wilson's three styles of police work |
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Definition
Watchmen
Legalistic
Service |
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Term
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Definition
| Emphasize responsibility for maintaining public order |
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Term
| Legalistic Style of POlice |
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Definition
| Treat all situations as if they were serious infractions of law |
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Definition
| Emphasis on community relations |
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Definition
| Response to citizen mobilization |
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| Rationalistic Model of Law making |
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Definition
| Laws created as rational means of protecting members of society from social harm |
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Term
| Functionalist Model of Lawmaking |
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Definition
| Laws are restatement of some customs |
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Term
| Moral Entrepreneur and Lawmaking |
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Definition
| Creates new code of right and wrong |
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Term
| Sources of impetus for law |
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Definition
Public Interest groups
Mass Media |
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Term
| Processes of Social Control |
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Definition
Internalization of group norms
Control through external pressure |
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Term
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Definition
| Established norms of common practice (ways to dress, etiquitte, language |
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Term
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Definition
| Intense societal rules of right and wrong that cannot be violated |
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Term
| Informal Methods of social control |
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Definition
Small groups
Face to face relations
Simple division of labor |
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Term
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Definition
Laws enacted by legislatures and modified by cours
Increasing reliance on how to regulate activities and behaviors |
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Term
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Definition
| Process by which norms are moved from social to legal level |
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Term
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Definition
Retribution
Incappacitation
Detterent |
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Term
| Effectiveness of detterence |
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Definition
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Term
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Definition
Protect public from dangerous or unlawful services
Doctor, lawer etc. |
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Term
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Definition
Investagatory tactics to regulate agencies
Auditing |
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Term
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Definition
| Most effective tool, discredit through negative publicity |
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Term
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Definition
| Actions and behaviors that violate social norms |
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Definition
| Not making claim or complaint |
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Definition
| Limiting relationship with other disputants |
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Definition
| Solve without use of third party |
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Term
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Definition
| Solve dispute with use of third party |
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Definition
| Third party makes final, binding decision |
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Term
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Definition
Public and formal
Within courts |
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Term
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Definition
Rent a judge (retired judge)
Med-arb (first mediation, then moved to arbitration)
Minitrial (Lawers present to both parties) |
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Term
| 5 main functions of economic sanctions |
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Definition
Compliance
Subversion
Detterence
International Symbolism
Domestic Symbolism |
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Term
| Factors Resistant to chang |
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Definition
Social Factors
Psychological Factors
Cultural Factors |
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Term
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Definition
| Blocking exiting forms of relations |
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Term
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Definition
| Refers to architectural construction of new forms of social order and social interaction. Trying to make social change |
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Term
| Weber's three types of authority |
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Definition
Traditional (obedience comes from loyalty, tradition of powers)
Charasmatic Authority: Devotion to specific and unusual sanctity
Rational Legal Authority :Belief in legality of normative rules |
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