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uni semester 1 > Law final exam > Flashcards

Law final exam Flashcards

1
Q

core function of the law

A

-orderly resolution of disputes

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2
Q

disputes

A

-present in every society
-variety of dispute methods
-2 types of disputes- legal and non-legal

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3
Q

legal disputes

A

-2 principles forms of resolving:
-negotiation and adjudication

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4
Q

non- legal disputes

A

-historically methods like
- physical violence
-ritual
shaming
-supernatural agencies
-lumping it
-avoidance
-and ostracism have been used

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5
Q

main components of dispute resolution

A

-negotiation
-adjudication
-mediation
-arbitration
-hybrid process

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6
Q

negotiation

A

-disputes seek to resolve disagreement without help of neutral 3rd party
-2 party arrangement
-both parties desire to settle without escalation

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7
Q

adjudication

A

-public and formal
-emphasis on legal rights
-courts can intervene whether parties want it or not
-courts deal with issues and facts

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8
Q

mediation

A

-disinterested non-coercive third party
-mediator does not make final decision
-settlement worked out by disputants
-often produces more equitable outcome

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9
Q

arbitration

A

-third party makes final and binding decision
-proceedings may remain private
-reduced cost of dispute resolution when compared to court use
-alternative to administrative and judicial administrative processes

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10
Q

hybrid process

A

-“rent-a-judge” -form of arbitration where disputants select a retired judge to act as arbitrator
-med-arb- issues not solves by mediator are moved to arbitration with the same 3rd party acting in both
-minitrial- attorneys are given a short time to present their case to senior executives from both parties

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11
Q

lumping it

A
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12
Q

ombudsman process

A

-combines mediating and investigatory functions
-related to the mediation process of dispute resolution

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13
Q

in order for a dispute to be heard in court…

A

-plaintiffs must demonstrate justifiability and standing

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14
Q

increase in litigation

A
  • can be explained by:
    -cost benefit analysis
    -complexity of law
    -creation of more legally actionable rights
    -ex. prisoner lawsuits
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15
Q

litigation

A

-process of taking legal action

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16
Q

tort litigation

A

-involves one shooters vs. repeat players

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17
Q

four types of litigants

A

-one shotter vs. one shotter
-repeat player vs. one shotter
-one shotter vs. repeat player
-repeat player vs. repeat player

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18
Q

one shotter

A

-only use the court system occasionally to make or defend claims
-usually private individuals

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19
Q

repeat player

A

-use the courts often
-usually business and government

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20
Q

disputes between individuals and organizations

A

-one shotter vs. repeat player
-can be a civil rights dispute
-can involve economic matters, damage claims, resolution, civil rights issues and organizational policy, rules, and procedures

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21
Q

litigation between individuals and organizations

A

-involves a creditor-debtor relationship
-when non-legal methods dont work, organizations turn to courts to get judgments, liens, or garnishment of wages

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22
Q

civil rights dispute

A

-examples could be- being denied something like housing because of race, sex
-involves individual vs. repeat player

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23
Q

respondeat superior

A
  • means “let the master answer”
    -a legal doctrine applicable in many civil claims
    -under the doctrine an employer can be held accountable for negligence or wrongdoing committed by their employee
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24
Q

social change

A

-changes In society
-product of many factors and social mechanisms
-same factors also influence the law

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25
Q

aspects of law in social change

A

-direct and indirect
-indirect:
law plays an indirect roles and shapes various social institutions which in turn have a direct impact on society
-direct:
law interacts directly with bait social institutions resulting in a direct impact on society

26
Q

technology’s influence on law

A

-new crimes detection techniques
-fingerprinting
-dna
-polygraphs
-alteration in social condition which may induce legal change

27
Q

Law as a cause of social change

A

-demonstated in the post WWII legal changes that shifted the eastern-bloc countries from a bourgeois society to a socialist society
-increasingly used as an instrument of social change in issues such as education, environment, housing and transportation
-based on the perception of law as legitimate, rational, authoritative and backed by the mechanisms of enforcement and sanctions
-cant resolve all conflicts
-tends to be vague
-favours the privileged

28
Q

law as a result of social change

A

-the civil rights movement of 1964 is a prominent example of such a movement forcing legal change

29
Q

Factors that create a resistance to social change

A

-social, psychological, cultural, and economic forms which create a resistance to change

30
Q

social factors that create a resistance to social change

A

-social class
-morality
-vested interests
-organized opposition

31
Q

psychological factors that create a resistance to social change

A

-habit
-motivation
-ignorance
-selective perception
-inherent complexity of moral development

32
Q

cultural factors that create a resistance to social change

A

-fatalism
-ethnocentrism
-notions of incompatibility
-superstition

33
Q

economic factors that create a resistance to social change

A

-prohibitive cost
-limits on the availability of economic resources

34
Q

space law

A

-branch of international law similar to air and maritime law

35
Q

conditions for efficacy of law as mechanism of social change

A

-as a mechanism of social change, law entails 2 interrelated processes:

-institutionalization of patterns and behaviour
*refers to the establishment of a norm with previsions for its enforcement
-internalization of patterns of behaviour
*means the incorporation of the value or values implicit in the law

36
Q

origin of law

A

-emerged form a diverse cultural, religious, and social history
-origin of the legal profession can be traced to ancient rome
-first legal representatives were roman orators- eventually which evolved into juris prudentes and then to practitioners of law in the imperial period
-emerged form formal law with roots in English government organization
-prerevolution- was practiced by upper class
-after revolution- lost its English system traits and became more democratized

37
Q

what were the “learned professions”

A

-law
-the church
-medicine

38
Q

the professionalization of law

A

5 stages of the process
-became full time occupations
-training schools established
-local professional associations started
-state licensing laws
-formal codes of ethics established

39
Q

origins of law school

A

-emerged from apprenticeship programs in law offices
-gradual development reached a high point in 1870
-prominent group of lawyers formed a lawyers union, the bar, and began enforcing professional standards
-1870; Harvard began teaching law by the case study

40
Q

current legal professions

A

-fastest growing off all professions in the use
-reputation among profession among citizens continues to be low
- this is also something found in many other countries as well

41
Q

subgroups in legal professions

A

-lawyers in private practice
-majority of American lawyers in private practice
-salary, education and social status vary

-lawyers in government service
-approx 12% of usa lawyers employed by federal, municipal or county govt

-lawyers in private employment
-approx 12% employed by private companies
-often as salaried employees of business or corporation

-judiciary
-less than 10% are members of the judiciary

42
Q

salaries

A

-vary depending on the positions, locations, and subgroup
-highest starting salaries in major cities like NYC
-lawyers in private practice generally have lower salaries
-judges even lower

43
Q

public access to law/lawyers

A

-attorneys can provide pro bono publico
-criminal defendants have access to defence lawyers
-in civil cases the poor can access lawyers through legal aid programs
-legal aid attorney work has 5 main areas
-family
-consumer
-housing
-landlord-tenant
-welfare

44
Q

current law schools

A

-over 200 institutions that are approved to offer degrees in law
-demographics of students has changed- now seeing more women and underrepresented minorities
-method of teaching is still case law
-socratic method of teaching forces students to think like lawyers are build arguments based on legal reasoning
-possesion of law degree does not allow one to practice law- must apply to and pass the bar first
-bar acts as an interest group affecting all matters of legal system

45
Q

what period did the practice of law and formations of law schools begin?

A

-between the roman imperial period and late 1800s

46
Q

what were the 3 functions of a lawyer in the Middle Ages?

A

-agent, advocate, and jurisconsult

47
Q

attorney

A

-lawyer who has passed the bar exam and can practice law
-often not liked because they are assumed to be in it just for the money or seem to not care
-spend their time meeting clients, researching, reading, going to court, creating arguments

48
Q

methods of data collection in law and sociology

A

-4 commonly used methods of data collection
-historical
-observational
-experimental
-survey

49
Q

historical research

A

-critical investigation of events, developments, and experiences of the past
-origins of this must be understood for contemporary research to be understood
-date includes:
historical documents
census data
personal diaries
witness accounts
personal letters

50
Q

observational research

A

-divided into 2 types
-methods with human or mechanical observers
-methods directly eliciting a response from subjects by questioning
-can be used in laboratory or field settings
-advantageous because of the high validity of data but is only usable in small settings

51
Q

experimental research

A

-most prevalent method used by social scientists
-can be applied in lab or field setting
-usually includes 2 equal groups with an experimental variable put into one
-may create ethical questions regarding the use of subjects and their treatment
-legal controls placed by the government or the institution to guard the rights of participants

52
Q

survey research

A

-focused on the collection of data about the attitudes, beliefs, and behaviours of people
-includes face to face interviews, questions, and telephone interviews
-faces challenges in the response and validity of the data collected

53
Q

sociology

A

-can be considered a pure or applied science
-pure sociology
*concerned with the gathering of new knowledge
-applied sociology
*attempts to apply that knowledge to a practical problem
-because its both pure and applied, the role of sociologists in the legal and social systems have grown
-sociologists are involved in policy making through studies and evaluations and have a direct impact in enacted and proposed policy

54
Q

in roman law, those who argued legal cases on the behalf of others studied..

A

rhetoric

55
Q

the practice of law for a living and the formation of schools of law began in..

A

the imperial period

56
Q

what was not a function of a lawyer in the Middle Ages

A

juris prudentes

57
Q

the difference between the four main methods of researching law in society is…

A

the data collection strategy used

58
Q

the best method of data collection to study a sequence of events by the participants…

A

observation

59
Q

the best method of data collection for studying the norms, rules, and status in a particular group…

A

interview

60
Q
A

uni semester 1 (14 decks)

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