Term
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Definition
-driving a 4X4 pick up truck towards mexico
-pulled over the officer found out car was stolen
-he was not driving in a suspicious manner
-5 yr probation and convicted theft over 1,000 dollars in fines |
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Term
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Definition
-Investagatory in nature without probable cause
-Violated 4th amendment: unreasonable search and seizure
-investagtory stops are less intrusive than actual probable cause because such stops are less intrusivethan actual arrests
-investagatory stops only permissable when found or particularized suspicion by officer who must state articuable cause |
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Term
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Definition
-Assessment of circumstances and justifiable suspicion of criminal activity
-1st prong objective (stats/# and law) and subjective factors (based on experience)
-S:patrol man in Nogales for 14 yrs
-O: DPS had stats concerning types of vehicles that were most often stolen
- 2nd prong: justifiable suspcion
-Person had dark skin
-Person was headed toward mex boarder in a lawful and unremarkable manner
-vehicle was not desired by theives with license plates from N AZ |
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Term
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Definition
| - The stop was not justified enough to raise suspicion because officer testified a large group of innocent drivers |
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Term
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Definition
-control and maitenance
-inappropriate profile can lead to false identification
-Type I errors: False Positive identifications
e.g. indentifying and arresting an innocent person
- Type II errors: False Negative identifications
e.g. not identifying and arresting the guilty person |
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Term
Daubert: Management of Disputes
Facts |
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Definition
| Prescirbed Benedictine to treat nausea and vomiting from pregnancy. First ingestion 34-41 days into pregnancy. Dow contended this is the time limb buds grow in embryo. Plantiff had limb-reduction defect in arm and hands. Daubert sue Dow for strict liability: absolute duty one party owes to another to protect their safety. Not depending on Negligence (failure to exercise the standard care that a responsably prudent person would exercise in that situation) or intent to harm. |
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Term
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Definition
| They should be held strictly liable if they had known or should reasonably have known that the drug is dangerous and if they did not, should provide warnings. Daubert asked for summary judgement which is used when no dispute over facts of the case adn one party is entitled to judgement. Dow says that they dont know because two studies did not show harmful effects. |
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Term
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Definition
Staples Carls test: Rats and rabbits given 60 times usual dose of Bene. Rats produced no offspring with malformations, but rabbits produced malformations in embryo.
Brunde-Bowles: Showed relationship btwn malform. and Bene, but they were not reported to FDA. Patients were given Bene during their first trimester (exper.) and were compared to patients who are giving birth at the same time (control). Showed no relationship with malformations. SOme patients given meds but it was reported they had none and otehrs recieved BEne when it was irrelevant |
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Term
| Daubert: Daubert Argument |
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Definition
| If true facts properly conducted and researched more thouroughly Dow would have seen a relationship between Bene and Malformations. By not following up on the staples/carl test and warning doctors Dow failed to warn consumers about dangerousness of Bene |
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Term
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Definition
| They tested the drug and found no correlation btwn bene and congential malforms. Dow recieves info on birth and limb defects and 96 cases of malforms due to bene. |
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Term
| Daubert: Courts Conclusion |
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Definition
| Whether Dow should have known that Bene was dangerous and should have placed warnings on the drug is a matter of dispute which must be determined by the Trier of fact: jury when present or judge when no jury. Therefore summary judgement should not be given. |
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Term
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Definition
Dispute: disagreement with 2 or more parties
Factual Dispute: Dispute around accurate facts |
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Term
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Definition
- lay observation or physical events
-Documentation
- Expert opinion about the existence of facts or the causes of those facts
- Scientific research results that prove the existence of facts or the causes for facts |
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Term
Roe: Management of Social Conflicts
Facts |
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Definition
| TX law makes it a crime to abort unless the life of the mother is at stake. State has compelling interest to protect fetal life. Jane Roe argued it is unconstitutional. Roe was unmarried and pregnant and wished to terminate her pregnancy under safe clinical conditions. Unable to get an abortion because her life was not threatened she did not have enough money to travel to another state for a safe, legal abortion. |
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Term
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Definition
| TX invaded rights to chose to terminate pregnancy. Rights from personal liberty of 14th amendment: constitution shall not deny rights detained by ppl. This law is devoted to 19th century statutory laws. |
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Term
| New York Model: Anti- abortion |
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Definition
Barred destruction of quickened fetus as well as unquickened fetus. Quick meaning first recognizable movementts in embryo.
-Abortion of unquickened fetus was a misdemeanor but abortion of quickened fetus was second degree manslaughter
-only excused to protect life of the mother |
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Term
| Roe: Reasons to Allow Abortion |
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Definition
1st 4th 5th amendments, prenumbra of bill of rights, concept of ordered liberty garunteed by 14th amendment and 9th amendment
- Thus the court held that the right to privacy as found in the 14th and 9th amendments is broad enough to encompass a woman's decision whether or not to terminate her pregnancy |
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Term
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Definition
- woman may suffer medical harm even in early pregnancy
-woman may suffer imminent and longer term psychological harm from pregnancy and more children
-Mental and physical health may be taxed by child care
- Unwanted child can distress a family
-Stigma of unwed motherhood may be invovled and
-Unborn children have never been recognized as "persons" under the law |
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Term
| Roe: Stae intrusion on privacy: |
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Definition
- when there is a compelling interest
-when legislation narrowly drawn
-after the 1st trimester: bc until the end of the 1st trimester death from abortion may be less than death from childbirth
1st trimester: women may have an abortion w/o state interference
2nd Trimester: state reg. abortion to protect maternal health
3rd Trimester: proscribe abortion bc fetus visible outside of the womb. Except when abortion necessary to save life of mother |
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Term
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Definition
| Violation of 14th amendment. No distinction betweenearly abortion and later, and limits abortion to saving mothers life. but state can regulate abortion according to trimester framework |
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Term
Farette: Management of Buisness Conflicts
Facts |
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Definition
| Farette was a test driver for GM motors until he got terminated because of abesenteeism. He was well aware that unless he made sure that he made good attendance; his position with GM would be in jeopardy. He recieved oral and written warnings that he attendance became a problem. Overall performance rating to drop from "good competent" to "needs slight improvement because of absenteeism" Ferret was place on a PIP for 90 days. During this time, he maintained an acceptable attendence record. After this time, however, Ferret's attendence dropped in 1985, a memorandum was placed in Ferretts file documenting the recurring attendence problems. He was then placed on a 2nd 90 day PIP: The PIP stated that if Ferrett did not reach an acceptable attendance level by the end of 90 days, management would recommend his termination. Ferretts performance again improved. Supervisor noted that he told Ferrett "it is very important that he maintain a good attendance record and schedule his time off in the future or management will (recommend) termination" |
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Term
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Definition
| Ferrett missed 10 days work (9 days without explanation). Ferrett was reminded that under the terms of tehe last PIP, he was to maintain perfect attendance and notify the supervisor when he would not be at work, and Ferrett promised to do so. He was not told that his employment was about to be terminated due to excessive absenteeism. One week later he was discharged. |
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Term
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Definition
| Breach of contract and negligent info. Complained that GM failed obligation by allowing third PIP when his attendence dropped after 2nd PIP. GM obligation arose from the employee handbook. A contract is an agreement between 2 or more parties that imposes on the part of both parties an obligation to perform, or not perform, certain acts. Employment contracts are promises made by employer and employee. Ferret failed to fulfill contract for performance. Absent a contractual provision for job security, either the employer and employee. Ferrett failed to fulfill contract performance. Absent a contractual provision for job security, either the employer or the employee may ordinarily terminate an employment contract at any time for any or no reason. |
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Term
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Definition
| Farett was employee who worked at the will of the employer. He did not have right to be evaluated or correctly evaluated and its the right of the employer to terminate him. The law doe not provide to duty for security. He cannot maintain action against GM and its irrelevant that GM failed to revaluate him and undertake 3rd PIP. GM had right to terminate without revaluation or reason for termination. |
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Term
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Definition
Tort: Local manufacturer inadvertently dumps harmful waste into nearby river Should local homeowners be able to sue for increased cancer rates in their children?
Contract: Seller raises price on goods to buyer after the contract is signed should buyer have to pay the higher price for them? |
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Term
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Definition
| Society's well being in terms of its health, safety, order, morality, economics, and politics. |
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Term
| What was the most utilized source of info for legislators? |
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Definition
| The most utilized souce of info for leg. are other legislators. |
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Term
| What biases exist in souce selection for legislators? |
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Definition
Overt Bias: Legislators already determine their position in advance of hearings. Able to select witnesses taht support their position.
Subtle Bias: Not being able to identify their need for scientific info. |
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Term
| What role does staff play to biasing souce selection for legislators? |
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Definition
| Staff anc select which witnesses to present at hearings, the number of witnesses to present and the time for witness presentations. Additionally they can screen calls form the ptential expert witnesses to a legislature who is unavaliable. |
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Term
| What role does time play to biasing source selection for legislators? |
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Definition
| Legislatures can move to preempt testimony following a bill's intro, impose time limits, and stop testimony when a decision has been made. |
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Term
| What other variables could affect the legislative process? |
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Definition
Structure and procedure: sessions are limited, politics may influence agenda
Culture and customs: affects who sets agenda for committee hearing, who is invited to testify
Citizen involvement: lack of trust in or interest in Lay citizens and experts invoked inn legislative process |
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Term
| How can social science be beneficial in studying the legislative process? |
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Definition
| Social Science can be used to study how legislatures operate and how law is created |
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Term
| What is the Strict Adherent judicial style? |
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Definition
| Views the law as a set of inflexible neutral principles to be applied to the case. Uses discretion infrequently in the decision making process. |
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Term
| What is the Law Maker judicial style? |
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Definition
| Views the law as a resource, not a constraint. Issues rulings with his or her snese of fairness and justice even to the point of ignoring the applicable principles of law. Willing to manipulate rules of law achieve goals she/he values. |
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Term
| What is the mediator judicial style? |
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Definition
| Pursues justice through judicial intervention that involves modifying traditional adversarial procedures (trys to find a settlement strategy that in reality might be difficult to enforce) |
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Term
| What is the authoritative Decision Maker judicial style? |
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Definition
| Emphasizes personal responsibility for decisions follows the law as tehy believe it to be. |
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Term
| What is the Proceduralist judicial style? |
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Definition
| Places high priority on maintaining procedural regualarity. |
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Term
| How might the style of a given judge affect the outcome of a given legal case? |
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Definition
| Depending on what style a judge uses in a case, you could have a hard time fighting a case introducing new types of evidence or trying to mold the law to your advantage |
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Term
| What are executive orders? Do they have the force of law? |
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Definition
| A declaration issed by the president which has the force of law. |
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Term
| What are some examples of executive orders? |
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Definition
Eisenhowers Exec Order 10730 (enforced deseg order handed down by a US district court)
Johnsons Exec Order 11377
Carters assistance to Morocco
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Term
| What change to the exec branch occured in 1939 and why were they important? |
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Definition
-creation of exec office of the president (EOP)
-Transfer of BOB from the treasury department to EOP
- Formal organization of the white house office within the EOP
Important: increased the complexity of the exec branch, defined boundaries btwn EOP and other admin agencies lastly led to a permanent exec bureau regardless of who is pres. |
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Term
| What is the difference between collective respoinsibility and collective liability? |
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Definition
Collective responsibility: belief that once a decision has been taken by a member of the group all members of the group are bound by it and all must support it
Collective Liability: holding accountability all members of a particular social category for the conduct of any of their group |
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Term
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Definition
| -Initiates and or facilitates investigations decides which cases to bring ensures smooth functioning of Attorney Gerneral's office |
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Term
| What is the calendar man's job and why is it important for the court system to have a calendar man? |
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Definition
-Responsible for making tactical decisions about the development of cases that are to go to court, such as charging defendants among other thigns
- Important bc of how essential plea bargains are to the functioning of the legal system CM's get the defendants to plea out before trial because if all cases went to trial the system would overload |
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Term
| What is the purpose of back up cases? What types of cases are generally used as back up cases? |
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Definition
| Back up cases that are less complicated and used when there are few cases to be tried. Narcotic and assault cases are generally used as back up cases. |
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Term
| Why are public relations important to the prosecutor's office? |
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Definition
| Maintain public support and cooperation from potential witnesses. Prosecuter seeks to maintain a reputation for total credibility |
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Term
| Where do federal and state admin agencies powers come from? |
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Definition
-US congress and state leg create bureau known as admin agencies in order to implement fed and state statues
- statues authorize and fund admin agencies |
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