Chapter 1 Law And Society Test

Double Jeopardy – Forbids a second prosecution for the same offense after a defendant has been acquitted or even after a conviction
defenses – ways people defend themselves
Miranda v. Arizona – the right to be informed of your rights came from the outcome of this case. A suspect must know of his or her rights upon being arrested to ensure a fair proceeding during and after they are arrested.
What did John Austin say about the law? – the law was nothing more and nothing less than the command of the sovereign.
Positivism – The theory that laws are to be understood as social rules, valid because they are enacted by authority or derive logically from existing decisions, and that ideal or moral considerations (e.g., that a rule is unjust) should not limit the scope or operation of the law.
Sir Henry Sumner Maine – Argues that:
1. Law and legal institutions must be studied historically if they are to be understood.
2. In modern societies, legal relations are not conditioned by one's birth but depend on voluntary agreements.
Why do structural theorists think of the society as a living organism? – They think society always tends toward equilibrium.
Courtroom personal – Judge, witness, jury, defendant, judges assistant, defence lawyer, prosecutor, public gallery, court reporter
Prosecutor – The state or federal government attorney in a criminal case
How much power does a security guard have? – As much as an ordinary citizen
Fourth Amendment – Unreasonable searches
Jury – A group of people (either 12 or 6) selected to hear the evidence in a court case
Challenge for cause – excusing a juror for clear reasons.
ex: knowledge of the actual crime.
Plessy V Ferguson – Made state sponsored segregation legal
what was Justice Douglas' dissent in the Terry v. Ohio case? – allowing a police officer to conduct a search when a judge would not be able to legalize the search, gives police officers more power than judges
Manifestation of assent – Words and actions of parties imply a promise is being made and will be kept
– Observable (signed doc or handshake
– but not subjective (but you said so)
The view points that women were subject to men – Plato
Socrates
Aristotle
Cicero
Homer
Christianity
Judaism
Islam
Medieval Europe
Renaissance
Reformation
Settlement – An agreement composing differences.
Why do structural theorists think of the society as a living organism? – They think society always tends toward equilibrium.

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