Quiz 1 Flashcards
Terminology (15 cards)
Restorative Justice
An approach to justice that focuses on the needs of the victims and the offenders, as well as the involved community, instead of satisfying abstract legal principles or punishing the offender.
Social Contract
An unwritten agreement where people follow shared moral and political rules to maintain order and benefit from society. It’s based on mutual understanding rather than a formal contract. Examples include getting vaccines, reporting crimes, and protecting vulnerable individuals.
Legal Paternalism
The government restricts individual freedoms for a person’s own good, acting like a “father figure” to protect citizens, especially vulnerable groups. Examples include laws regulating drugs, prostitution, and suicide.
Natural Law
The idea that some laws are just “naturally right” and apply to everyone, no matter what. Things like fairness and justice come from nature, not governments. The best laws follow these natural rules—like how murder is always wrong.
Positive Law
The idea that laws are created by people, not nature, and can change over time. Right and wrong depend on what a society decides, not universal morals. Laws exist to keep order, even if they aren’t always moral.
Jurisprudence
The study and theory of law, including how laws are created, interpreted, and applied in society.
Primary sources of law
The foundational origins of legal rules, including constitutions, statutes, court decisions, customs, and moral or religious principles.
Secondary sources of law
Writings and materials that interpret, analyze, or comment on primary sources of law, such as legal textbooks, articles, treatises, and legal encyclopedias.
Mens rea
A legal term meaning “guilty mind,” referring to the intention or knowledge of wrongdoing that constitutes part of a crime, essential for establishing criminal liability.
Actus reus
A legal term meaning “guilty act,” referring to the physical act or conduct that constitutes a crime, including any actions, omissions, or behaviors that lead to criminal liability.
Stare Decisis
A legal principle that requires courts to follow previous rulings or precedents when making decisions in similar cases, ensuring consistency in the law.
Ratio decidendi
The main reason a court makes a decision, which serves as a rule for future cases to follow.
Utilitarianism
A philosophy that suggests the best action is the one that maximizes overall happiness or well-being for the greatest number of people.
Rule of law
The principle that all individuals and institutions are subject to and accountable under the law, ensuring fairness, justice, and equality before the law.
