Law, Society, and the Administration of Justice Quiz 1

Contracts

agreements between two or more parties involving a promise (considerations is the legal term)

Where are precedents typically created?

in appellate courts

Courts

institutions in which judges and juries resolve disputes based on the law

How do interest groups influence courts?

interest groups file lawsuits, donate money, and use political pressure to try to influence courts.

describe the judge's role in civil law

judges dominate court hearing. judges are career bureaucrats who have not been lawyers.

real property

land and the things attached to it

What is tort?

legal wrong done to another person

What is precedent also referred to as?

stare decisis (let the decision stand)

Politics

the authoritative allocation of values for a society

What does "common law" refer to today?

the case method

court decision

the determination that settles a controversy

Describe civil law (roman law)

based on a code, and the code is a compilation of laws. the code provides answers for all disputes

property

centers on the ownership of things, a division of private law. split into real property and personal property.

Describe the adversary system

common law is adversarial, meaning there are two parties. Each party is responsible for calling witnesses and asking questions. The judge is the neutral decision maker. The adversary system diffuses power.

Compare and contrast courts and politics

courts and politics are similar in that they settle controversies and determine right v wrong in society. they are different as courts are reactive and politics is typically proactive

What is the responsibility of the court? (constitution)

courts are charged with interpreting constitutions.

Courts and Federalism

courts are divided along federal and state lines. the relationship between federal and state power is controversial.

How do courts and legislatures compete for balance?

courts interpret legislation and can question it's legality. legislatures control the jurisdictions of courts.

What is the relationship between the courts and public opinion?

delicate balance between public opinion affecting judiciary and judiciary affecting public opinion. courts NEED support from public.

personal property

everything that is not real property, includes stocks, cars, jewelry, collectibles

Injury

not necessarily a physical injury, includes any wrong, hurt, or damage done to a person's rights, body, reputation, or property.

Describe Socialist Law

originated in soviet union, based on marx and lenin. Law is revolutionary- used to create a radically different society.

Discuss the English heritage our legal system and our American adaptations

- colonists brought principles and procedures of common law to America, but not the substance (did not always apply it the same) -colonists adapted common law to the changing frontier society - by the 19th century most American courts merged law and equity

What are the 3 characteristics of common law?

-judge-made law -precedent -uncodified rules and regulations

What are the 8 major components of U.S Law?

1. federalism 2. multiple sources of law 3. judicial decisions 4. public and private law 5. civil law and criminal law 6. substantive law and procedural law 7. remedies 8. doctrines of access

Name 3 ways to define justice

1. justice is winning 2. justice is achieving desired results "good v bad" 3. justice is equated with normative values "right to privacy v rights of the unborn"

What are the 2 key elements of the adversary system?

1. party prosecution 2. a neutral and passive decision maker

What are the primary goals of socialist law?

protect the state, not private property. also used as a means of education to teach members about the socialist society.

Common Law

A legal system based on custom and court rulings. Common law is common to the entire land.

Describe the "remedies" component of U.S. Law

After a judgement is made in a case, a remedy is given if the plaintiff wins. The remedy is the relief granted by the courts. The type of remedy granted depends on whether the case involves law or equity.

Why is it difficult to interpret the law?

Citizens typically misunderstand how lawyers and judges interpret/apply the law because the law is not a series of precisely written rules that spell everything out. Law is about reasoning the meanings of words, concepts, and doctrines.

Describe the "civil and criminal law" component of U.S. Law

Civil suits involve a dispute between private parties. Criminal suits involve a violation of government's penal laws. Criminal suits involve felonies and misdemeanors. Sometime civil and criminal laws can overlap (i.e. a drunk driver who kills someone).

In what ways are courts different from other governmental and political institutions?

Courts are reactive. They must wait for controversies to come to them. Government usually tries to be proactive.

Describe the "judicial decisions "component of U.S law

Courts do not make law, they find it. The judicial body interprets and applies laws passed by the legislative body. The courts determine the meaning of sources of law. "Legislatures make law wholesale, courts make it retail". Most U.S. law is statutory and administrative, but some areas are Judge-made

Describe remedies granted when a case involves common law

Declaratory judgements: judicial determination of the legal rights of the parties. Restitution: return of goods a part is entitled to Most people seek monetary damages, or money that the court orders to be paid to a person who has suffered legal injury. There are 2 types: - compensatory damages: payments for actual harm suffered - punitive damages: monies awarded to a person who has been harmed in a malicious or willful way

What is the importance of discretionary choices? What are 3 key things Judges and lawyers have to make discretionary choices about?

Discretionary choices lead to interpretation of the law. Judges and lawyers make discretionary choices about the meanings of words, conflicting laws, and gaps in the law.

Describe the "doctrines of access" component of U.S. Law

Doctrines of access are used to control the flow of cases into the judiciary... To hear a case, the court must have jurisdiction, the controversy must be a real dispute, and the plaintiff must have standing to sue. Doctrines of access are judicially created and can be changed or waived depending on the case.

Why are discretionary choices needed for conflicting laws?

Due to the large volume of the law, some laws do conflict with each other, which leads to interpretation issues.

What is equity and how did it come about?

Equity is fair dealing and more flexible remedies. Equity came about after common law became hard and limited and remedies were limited to cases involving monetary issues. Judges refusal to adapt gave rise to equity law.

Why are discretionary choices needed for gaps in the law?

Even though the law is voluminous and covers a lot of scenarios, there still are and will always be cases that the current law does not cover. Discretionary choices the court makes about these "gap" cases, create new precedent for the future.

Describe the "Federalism" component of U.S Law

Federalism divides the power between the national and state governments. Federal law= national government law, applies across the nation State law= applies to citizen within its territory Local law= applies to limited geographic area, power granted by the state

Describe the remedy granted when a case involves equity

Injunction: a court order that requires a person to take action or refrain from taking action. To qualify for an injunction, the suing party must demonstrate to the court that it will suffer irreparable damages. i.e. a court may issues an injunction prohibiting a company from dumping industrial wastes into a river.

Name and Describe the three centric circles of the legal system

Institutions of law: law and courts, all three branches of government Interpreters of Law: lawyers and judges consumers of law: citizens who call the police, file lawsuits, etc

Describe Islamic Law and it's basis

Islamic Law is based on Islamic religious beliefs. Based on the Qur'an and Sunna.

Describe party prosecution

It is the responsibility of parties, not the judge or jury, to define the legal issues of the case. Party prosecution encourages both parties to present their best case/argument.

Describe what "judge-made law" means in the context of common law

Judge-made law, common law's most distinctive feature, is the development of a system of law from judicial decisions

Is law easy to define? Does the definition include justice?

Law is not easy to define and law does not always include justice

Why are discretionary choices needed for the meaning of words?

Legislatures and judges use vague language that leaves room for interpretation. The "disorderly conduct of words" leads to people interpreting words and statements in a different way depending on the context.

What is precedent and why is it important for common law?

Precedent is when court decisions serve as authority for deciding a similar question of law in later cases. Common law relies on judge-made decisions and precedent is how those judge-made judiciary systems carry on and impact cases further down the line.

Describe the "private and public law" component of U.S. Law

Public law directly involves government i.e constitutional law, criminal law, administrative law, and international law. Private law governs the relationships between citizens. i.e tort law, divorce law, property law, wills

Describe the "substantive and procedural law" component of U.S. Law

Substantive law defines legal rights, meaning the legal relationship between the citizen and the states and among citizens themselves. Procedural law established the methods of enforcing legal rights and the rules and procedures in court- this is DUE PROCESS. Substantive law is the law we follow, procedural law governs how we are treated when we break those laws.

Describe the "multiple sources of law" component of U.S Law

federal, state and local laws are found in multiple sources... - constitutions: top rung, establishes underlying principles and general laws of nation or state, defines and limits the branches and powers of government, specifies how gov. officials will be selected - statutes: laws enacted by federal, state, or local jurisdictions. Federal and state statutes are called statutory law. Local statutes are called municipal ordinances. - administrative regulations: rules and regulations adopted by administrative agencies that have the force of law. Administrative law concerns the duties and proper running of administrative agencies. Examples: IRS decisions, nursing home standards, zoning regulations.

T/F Civil law is inquisitorial, common law is adversarial

True

What do you read this legal citation? Citizens United v. Federal Election Commission, 558 U.S. 310 (2010)

Volume 558 of the United States Supreme Court Reports, page 310. Case decided in 2010.

Is private law really private?

Yes per say, however private law heavily relies on the actions of pubic agencies. i.e divorce law- private relationships, but involves court decisions.

Law

a body of rules enacted by public officials in a legitimate manner and backed by the force of the state.

dual court system

a court system made up of both federal and state courts

judgement

a court's official decision about the rights an claims of each side in a lawsuit

What is obiter dicta?

a judge's remarks which are not necessary to reaching a decision, but are made as comments, illustrations or thoughts. NOT considered precedent.

Plaintiff

a person who brings a case against another in a court of law.

What is the relationship between courts and the exec. branch?

the president view the courts as part of their political agenda- they appoint judges.

prosecution

the process of engaging in a lawsuit, whether civil or criminal

Political Science

the systematic study of government and politics

Describe "neutral and passive decision maker"

The judge is a neutral arbitrator and expected to be free from pressure.

What are some differences between civil and criminal law?

There is a difference in who has been harmed: In civil suits, individuals are harmed and they are private matters. In criminal suits, the state/general public is harmed. The types of remedies also differ: in civil suits it's normally compensation, in criminal suits its prison, fines, or probation.

What does "uncodified rules and regulations" mean in the context of common law?

there is no single place where the "official" law is given, the law emerges through precedents and the application/interpretation of the law. This allows common law-judges and lawyers to reason by analogy and create new rulings or modifying old ones, because analogies are never correct/incorrect, only more or less persusasive.

What is the indisputable dynamic quality of law?

using reasoning by example and analogies to make legal arguments and judicial decisions