Test 1 information

Question 1

define law

Answer 1

1. a regime or structure that orders human regulation; involving issuance of prescriptions (must be done) and proscriptions (must not be done)
2. requires systematic application of force

Question 2

civil law

Answer 2

the use of government power to resolve private disputes

Question 3

The Cheyenne Way

Answer 3

a field work study on the Cheyenne Tribe; they do not have a written, organized government but instead a clear oral government. they relied on the force of social pressure to keep members in line

Question 4

Vago’s 2 theories

Answer 4

1. Concensus perspective
2. Conflict Perspective

Question 5

Concensus Perspective

Answer 5

considers law as a neutral framework for amintaiing social intergrations.
law is an attempt to satisfy, to reconcile, to harmonize and to adjust these overlapping and often conflicting claims and demands

Question 6

Conflict perspective

Answer 6

considers society as consisting of indiiduals and groups characterized by conflict and dissention held together by coercion.
- order is temporaty and unstable bc every individual is striving to maximize their own interests

Question 7

which Perspective from Vago considers law to be essentially a tool of repression, used by the powerful to promote their interests as the expense of well-off individuals nand groups

Answer 7

conflict perspective

Question 8

a medievel legal system from Europe that developed practival rules of commerce and trade for business people of the time was known as

Answer 8

the law merchant

Question 9

what is the most commonly practiced law?
a. Civil law
b. Muslim Law
c. Common Law
d. Customary law
e. mixed law

Answer 9

a. Civil law

Question 10

heirarchy of law

Answer 10

[Top to bottom]
Constitutional law
statutes | treaties
regulations
case law

Question 11

Precedence

Answer 11

cases should be decided alike by similar cases prior to the current case
settle matter in a way thats as consistent as possible to previously resolved cases

Question 12

common law emphasizes the resolution of ambiguities in the application of law through the guidance of

Answer 12

Precedence

Question 13

Can/should precedence ever be overturned?

Answer 13

Yes it can, it requires the court to determine if circumstances have drastically changed to an extent of needing adjustment

Question 14

dangers of frequently overturning the courts

Answer 14

judges and law makers become untrustworthy to the people and the people don’t know what rules to follow

Question 15

Anglo-Americans common law’s primary rule of judicial decisions is that of stare decisis, which emphasizes ______

Answer 15

precedence

Question 16

In a court case, a judge has evidence that wants to be brought into a case. however

Answer 16

statute > precedence

Question 17

law Courts

Answer 17

hard to get into; very formal; difficult with writ; solely remedy damages of monetary value

Question 18

courts of Equity (Chancery Courts)

Answer 18

• the king’s justice
• chancellors were appointed
• could be remedied with money, but mostly remedied with orders of specific performance
• decrees and injunctions

Question 19

decrees

Answer 19

-decision of the court of equity
-settlement of matter of rights or duties

Question 20

decrees and injunctions

Answer 20

you will / will not do something by the order of the court

Question 21

Marbury vs Madison ; what was the issue? what was resolved?

Answer 21

matter of judicial review;

Question 22

judicial review

Answer 22

the power of the courts to interpret the law where it is ambigious or conflicting, and also power to declare if laws, rules or policies are unconstitutional

Question 23

rocks in the jar analogies