Law & Society Midterm (based off Kahoot)
Second stage of pre-lawmaking
Information gathering
A ______ is a body of laws
code
Critical race theory is concerned with _________
discrimination, equality, & oppression
A judge is responsible for each of the following except
giving legal advice
In literature, traditional and primitive law are used interchangeably
true
Most agencies can choose the method of lawmaking
true
A criticism of judicial activism is ___________
unaccountability
Critical scholars reject laws as being _____
value-free
Views law as a tool by ruling class to keep control
Conflict Perspective
Brown v. Board of Education dealt with what issue?
Segregation
In the U.S, courts are _____
passive
On average, what percentage of criminal cases go to trial?
10%
What percentage of people summoned for jury duty actually appear?
60%
In felony convictions, what percentage plead guilty?
91%
Uses due-process and equal protection to justify lawmaking
Judicial Activism
What is the latest stage of pre-lawmaking activity
Mobilization
_______ law is concerned with rules governing relationships between individuals
Private
______________ is not a function of the legislature
administrative rulemaking
Following precedent is usually much harder in common law
false
An example of a social movement as an impetus of law is pro-choice organizations.
True
NOT a distinct group of participants in US court
defendants
Collection of individuals who are elected as members of formal parliamentary bodies
legislature
Which type of law concerns how laws are administered
procedural
The process by which a judge renders guilt is
Adjudication
How do rule-making and adjudication differ?
Adjudication applies only to parties involved in a case.
The process by which an administrative agency issues an order.
Administrative Adjudication
Primitive Legal systems are typically found in __________
Agrarian Societies
Disciplines between sociology and law are related how
Both are about interpersonal relations
An agency must wait for issues to be brought before it.
False
______ are not participants in the legislative process
Judges
Code of Justinian is the basis for what legal system
Romano-Germanic
Baron de Montesquieu is best known for what theory
Separation of Powers
As societies become more complex, laws do also.
True
Civil Law is a private law.
True
Courts are indifferent to issues that individuals/organizations ignore
True
In criminal cases, most defendants never submit to a trial to dispose of their case.
True
Opinion polls are a strong influence on lawmakers.
True
Socialist law rejects the idea of separation of powers.
True
Not a way which legislation can be generated
Written recommendation
NOT a type of public initiated dispute
breach of contract lawsuit
In primitive society the emphasis is on ________
common law
Traditional legal systems rely on ______ as a source for legal rules
customs
The American court system is characterized by ______
dual hierarchies(trial & appellate courts)
Most of the code of federal regulations is composed of criminal law
false
Traditional legal systems are present in modern legal systems.
false
As societies become more complex, __________ gives way to __________.
homogeneity, heterogeneity
NOT a category of dispute in court
passive
4 styles of social control
penal, compensatory, therapeutic, and conciliatory
Principle function of law is
social control
Formal codified law emerges when
social structure is too complex for informal customs
NOT an objective of classical socialist law
the formation of court-developed law
In a public defendant dispute, the defendant is _________
the government
Statutory Law is enacted by
the legislative branch
stare decisis
to "stand by what has been decided"
Most important function of court
to process disputes
