Midterm Summer Session Flashcards
(85 cards)
1
Q
Law has __ and __
A
Demands and Sancitions
2
Q
Sancitions make you
A
Do something you normally wouldn’t do
3
Q
__ Assumes role of seeking justice
A
The State
4
Q
Police represent the law, they are
A
Not the law
5
Q
Respondent is the person
A
Keeping defendant in jail
6
Q
District Courts divided by
A
N, E, W, S jurisdictions
7
Q
Number of federal circuit courts
A
94
8
Q
Number of federal court of appeals
A
13
9
Q
Hierarch of federal courts (bottom to top)
A
94 circuit/trial courts, 13 intermediary appellate courts, 1 SCOTUS (ultimate court of appeals)
10
Q
Cannot break one action into ___
A
Separate cases (i.e., hitting cow)
11
Q
NY courts of first instance/trial courts
A
62 (counties)
12
Q
NY appellate courts
A
4 (N E W S)
13
Q
NY Court of Appeals acts similar to
A
Supreme Court
14
Q
Origins of Law
A
Greek - Plato Masadonian Law Book of Genesis Positive law of state/man Biblical Law Darwin Evolution
15
Q
Primitive Law
A
No specific rules or administrative organization
16
Q
Positive law of man - to cohabitate,
A
Rules had to be followed
17
Q
Archaic Law
A
Early days of Rome
Codes of Substance and procedure
Penal laws
3BC to fall of Rome
18
Q
Common English Law
A
12th C to present
Criminal procedure law (arrest, Miranda and bail)
19
Q
Mature law
A
Law we follow now
20
Q
3 types of law
A
Primitive, Archaic and Mature
21
Q
Positive Law = laws created to
A
Govern men
22
Q
John Austin
A
English jurist b 1790
23
Q
John Austin definition of law
A
Definitie rules of human conduct with appropriate sanctions for their enforcement, both of these being prescribed by duly constituted human authority
24
Q
Book definition of law
A
Laws exists only to the extent that living humans acknowledge/agree it exists and are willing to give meaning to it (obey it)
25
Length of time law applies after your death;
19 years
26
Prohibition
18th amendment in
| 21st amendment out
27
Suffragette (women's right to vote)
19th amendment
| Approved by majority of 1
28
Bigamy laws
Example of laws existing as long as we want them enforced
29
Law of is:
Law of nature
30
Law of ought
Law of man / prescriptive / human laws
31
Laws as form
I.e. Murder statute - punishment acts as deterrent
32
Authority = legitimacy =
Power
33
3 A's of philosophy
Aristotle
Aquinas
Austin
34
Aristotle
B 384 BC in Stagina Kingdom of Macedonia
Believed state has duty to make good people
Created Western thought & institutions
35
St Thomas Aquinas
B 1226
From Lombard king and linked to European noble houses
Nephew of emperor
36
John Austin
```
B 1790 England
Father of analystical positivism
Humans are autonomous, rational and free choices for own well being
Believed logical to push for evil
Reason is benchmark
```
37
Fugitive slave law case
Jones v. VanZandt
U.S. 1847
Article 4, sec 2 US Constitution fleeing slaves had to be returned to owners
SCOTUS had to blindly follow law
38
Fugitive slave law of 1793
Provided penalty of $500 to anyone how aided slave.
39
Plessy v Ferguson
Separate but equal
| 1896
40
Brown vs Board of Ed
Separate can never be equal with children
| 1954
41
SCOTUS is a super legislature that
Answers to nobody
42
Plato and Aristotle reach assertion that
...ability to derive pleasure from virutuos acts and ability to abstain from bad is a the mark of a good person
43
Good / bad person =
Pleasure / pain principal
44
Pleasure / pain principal used to
Devine law of nature
45
Utilitarian school of thinkers
Who determines greatest amount of pleasure vs. amount of pain
46
Aristotle question of
Legal and moral responsibility
| - what does it mean to act freely and choose legal, moral activity over another?
47
NY State does not have a good __
Samaritan statute
48
NY State (state in general) does not enforce
Natural law
49
Must offer assistance if in a
Superior position to do so
50
Positive law of State of NY
Must reasonably assist police officer who asks for asssitance
51
3 sides to the law
Prosecutor
Defense
The Truth
52
Greco - Persian wars
499 479 BC
53
Elopenesian War
War between Athens and Sparta
| 431 - 404 BC
54
Socrates life
B 469 - executed 399 BC
55
Plato life
B. 428 - 348 BC
56
Aristotle life
```
B 384 - 322 BC
Studied at Plato Academy 387BC for 20 years
Thought he would become head of academy
Falls in love with king's daughter
Tutor's Alexander the Great, king's son
```
57
Plato writings
The Republic
The Statesman
The Laws
58
The Repbulic
Plato's best
Discussesed perfect city state
Would not need any laws b/c lead by ideal statesman
Laws would hinder a statesman
59
The Statesman
Ideal state w/out laws
| There has never been an ideal state or statesman
60
The Laws
Longest of books
1. State should be physically situated in out of way locations - free from outside influence.
2. State should have 5040 citizens in % categories with equal numbers and wealth
3. Excess wealth goes to state
4. Labor and menial work to slaves and artizens
5. Birth control encouraged as was adoption
6. Goal was to bring back glory of Greek city state
61
Aristotle belief re: being in a state
Must be in state to be a good person
Citizens must share in administration of justice
Must participate in their govt (jury duty)
62
Jury established
5th century BC so that not all citizens had to service, now made up of 500 people (Socrates case) men 30 and over
63
Highest part of mental state is
Contemplation
64
Task of education was
To becom virtuos, good nature
65
Aristotle's book 5 on Ethics
Equitable, Suitable and Reasonable
66
Father of Equity
Aristotle
67
Aristotle broke down justice into
Distributive and Corrective Justice (modern is corrective)
68
Don't lower bar of excellence but level playing field
Plato and Aristotle believed in meritocracy and were against communism
69
Plato books
Appolgoy - charges against Socrates were unjust
| Paiedo - about Socrates death
70
Sedition
To question authority - cause of Socrates charges
71
No such thing as a coherent
Natural law tradition
72
Natural law theorisists have
Nothing to do with one another other than the opposition to positivism
73
Early natural law related to
Freedoms and responsibility
74
Modern version of natural law
Relates to morality
75
Thomas Acquina questioned
How can humans be free and part of natural law?
76
Cynics
- employed teaching of Socrates
- ethical values
- abandon social snobbery, difference between social classes
- divides world into wise and ignorant
- mark of the wise was self sufficiency
- ideal state live in state of nature like herds of animals, no bathing
77
Stoics
- founder is Zeno
- most important school in Greek world
- living in accordance with nature
- nature is ordered like art
- each man has their assigned role
- each man to perform work well
- to do work well must resign self to purpose of divine providence that animates world
- man has reason and therefore relatiaonship to divine
- soul of man joined with souls that animates world
- man who lives properly becomes part of moral world order
- life of man is moral and social
- perfect equality among men with no natural slaves
- only folly and vice could make slave out of a man
- no need for state
78
Skeptics
214-129 BC
- lead by Carnedes
- most brilliant of Greek thinkers
- most knowledge was uncertain
- worldview could not be taken seriously
- gave utopian ideals
- law of reason was not just
- must bring ideal principals to man
- ideal which man could use to criticize law and government
79
Cicero books (Roman)
The Republic
| The Laws
80
Cicero believed
Best life for man is to serve state and govern man
- translated Greek philosophy to Latin
- statesman can create change
81
Cicero's state
The coming together of number of man united by law and rights and desire to participate in mutual desires/benefits
82
Cicero mixed state of Plato and Aristotle
King = president
Nobility = senators
Common people = house of representative
83
Cicero on law
- Law is the mind and reason of the intelligent man.
- Standard by which justice or injustice is measured.
- Not everything found in laws and customs of nations is just
- all nations hate the chief vice and love the chief virtues
- all men fear and have beliefs
- state of lax law is not a state and anything else is now a law
84
Unjust law is not
A law
85
Cicero law of nature
Is discovered by independent discovery, law of man is found by precedent and tradition
