Introduction to the Sociology of Law Flashcards

1
Q

______ is the idea that obedience to the law is fundamental to the something “other than this world”

A

Rule of Law

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2
Q

(T/F) Law is a social institution

A

True

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3
Q

(T/F) Law is hard to define because different groups/organizations involved with may see the law differently

A

True

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4
Q

The general population may view the law through their own social lenses, derived through _______

A

interaction and life

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5
Q

Some may see what is “right” as based in _____ and not what the law says

A

religion

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6
Q

_______ see the law through it’s own lens that is based in logical argumentation and excludes outside information

A

legal actors

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7
Q

The study of law from the legal scholars is called ______

A

Jurisprudence

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8
Q

________ are written laws from the legislature

A

statutes

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9
Q

_________ - the ideas the previous court rulings are themselves law

A

precedent

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10
Q

________ - Judicial branch does not take orders from another part of the government

A

independent judiciary

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11
Q

______- the supremacy and legitimacy of the law

A

rule of law

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12
Q

The rule of law relates to the type of _____ present in each society

A

leadership

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13
Q

_______ are networks of complex social institutions that are developed to meet social needs to various degrees

A

legal systems

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14
Q

2 legal families:

A
  • Common law
  • Civil law
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15
Q

_______ is the legal system that was created in England and is used in many of the former English colonies

A

Common law

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16
Q

Common law is _____

A

unwritten

17
Q

Common law is unwritten - meaning that not every change of law comes from the ______

A

legislature

18
Q

In Common Law:
1) The executive adjusts _______
2) The legislature passes _____
3) the judiciary makes laws by modifying ______

A

1) administrative rules
2) statutes
3) existing law

19
Q

Common law features an adversarial ______

A

judiciary system

20
Q

_____ are also called statutes

A

Codes

21
Q

_______ is a legal system based on civil code

A

Civil law

22
Q

Civil law is _____

A

written

23
Q

Civil law is written which means that the ________ is the only group who can edit or create law

A

legislature

24
Q

In Civil Law:
1) The executive executes _____ as written
2) The legislature passing _____ and can overwrite/fix laws by passing new ____
3) The judiciary ensures the executive is following the ____

A

1) code law
2) statutes; statutes
3) law

25
Q

(T/F) There is not judicial review in Civil law

A

true

26
Q

Civil law features an inquisitorial _____

A

judiciary system

27
Q

Legislature passes law > Executive executes it > Judiciary ensures rules are followed

This is ______

A

Civil law

28
Q

Congress passes law > Sometimes those laws are unclear/have questions that are unresolved > Law can be changed via court case OR by congress writing a new law

This is _____

A

Common law

29
Q

In _______ law, defense and persecution are opposing sides

A

Common

30
Q

In _____ law, defense and prosecution are the same people

A

Civil