Law final exam

Question 1

core function of the law

Answer 1

-orderly resolution of disputes

Question 2

disputes

Answer 2

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

Question 3

legal disputes

Answer 3

-2 principles forms of resolving:
-negotiation and adjudication

Question 4

non- legal disputes

Answer 4

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

Question 5

main components of dispute resolution

Answer 5

-negotiation
-adjudication
-mediation
-arbitration
-hybrid process

Question 6

negotiation

Answer 6

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

Question 7

adjudication

Answer 7

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

Question 8

mediation

Answer 8

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

Question 9

arbitration

Answer 9

-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

Question 10

hybrid process

Answer 10

-“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

Question 11

lumping it

Question 12

ombudsman process

Answer 12

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

Question 13

in order for a dispute to be heard in court…

Answer 13

-plaintiffs must demonstrate justifiability and standing

Question 14

increase in litigation

Answer 14

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

Question 15

litigation

Answer 15

-process of taking legal action

Question 16

tort litigation

Answer 16

-involves one shooters vs. repeat players

Question 17

four types of litigants

Answer 17

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

Question 18

one shotter

Answer 18

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

Question 19

repeat player

Answer 19

-use the courts often
-usually business and government

Question 20

disputes between individuals and organizations

Answer 20

-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

Question 21

litigation between individuals and organizations

Answer 21

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

Question 22

civil rights dispute

Answer 22

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

Question 23

respondeat superior

Answer 23

• 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

Question 24

social change

Answer 24

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

Question 25

aspects of law in social change

Answer 25

-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

Question 26

technology's influence on law

Answer 26

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

Question 27

Law as a cause of social change

Answer 27

-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

Question 28

law as a result of social change

Answer 28

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

Question 29

Factors that create a resistance to social change

Answer 29

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

Question 30

social factors that create a resistance to social change

Answer 30

-social class -morality -vested interests -organized opposition

Question 31

psychological factors that create a resistance to social change

Answer 31

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

Question 32

cultural factors that create a resistance to social change

Answer 32

-fatalism -ethnocentrism -notions of incompatibility -superstition

Question 33

economic factors that create a resistance to social change

Answer 33

-prohibitive cost -limits on the availability of economic resources

Question 34

space law

Answer 34

-branch of international law similar to air and maritime law

Question 35

conditions for efficacy of law as mechanism of social change

Answer 35

-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

Question 36

origin of law

Answer 36

-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

Question 37

what were the "learned professions"

Answer 37

-law -the church -medicine

Question 38

the professionalization of law

Answer 38

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

Question 39

origins of law school

Answer 39

-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

Question 40

current legal professions

Answer 40

-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

Question 41

subgroups in legal professions

Answer 41

-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

Question 42

salaries

Answer 42

-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

Question 43

public access to law/lawyers

Answer 43

-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

Question 44

current law schools

Answer 44

-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

Question 45

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

Answer 45

-between the roman imperial period and late 1800s

Question 46

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

Answer 46

-agent, advocate, and jurisconsult

Question 47

attorney

Answer 47

-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

Question 48

methods of data collection in law and sociology

Answer 48

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

Question 49

historical research

Answer 49

-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

Question 50

observational research

Answer 50

-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

Question 51

experimental research

Answer 51

-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

Question 52

survey research

Answer 52

-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

Question 53

sociology

Answer 53

-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

Question 54

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

Answer 54

rhetoric

Question 55

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

Answer 55

the imperial period

Question 56

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

Answer 56

juris prudentes

Question 57

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

Answer 57

the data collection strategy used

Question 58

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

Answer 58

observation

Question 59

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

Answer 59

interview