Law And Society: Unit #2 Test

Noncupative Will – Oral will made by a dying person before witnesses. Also called a deathbed will or a dying declaration.
organic societies – -Larger societies
-beliefs, values and behaviors are varied social order is more difficult to maintain, but people must depend upon each other and "organic solidarity" comes from this interdependence
Cultural contradictions: (because there is support for the death penalty, but there are weird ideas of how it should be done. Tension/balance) – 1. Where do executions in U.S. occur?
It's tucked away, speedy, effective, far from public
For deterrence, shouldn't everyone be able to see it?
2. Execution method
In US today, mostly lethal injection
Some states have electrocution as an option
Gas chamber – 4 states
Hanging – 2 states
Firing squad – a couple states, but you can't really choose it
We tread execution as a medical procedure
Medicalization of death penalty is constitutional requirement
Supporters of death penalty: the act become too clinical, medical people shouldn't be involved
Opponents: if we are to have penalty, this is the best way to do it
3. Very bureaucratized
4. We want it to be carried out humanely
precedent – an example that is used to justify similar occurrences at a later time
hard choices – justice of case isn't clear – one is left with doubts. Legal philosophies of judges surface during these hard cases.
fatty liver – a condition in which fat deposits accumulate in the liver as a result of chronic alcohol abuse
Hammurabi – oldest written/coded law
functions of law – social control
What did Thomas Hobbes and John Locke believe about women and the law? – Women have the right to live, women have the right to possessions not acquired in the marriage, and they are naturally inferior to men.
Maine's thesis: – Sir Henry Maine 1820's
-"society and law change together"
-these changes are global and predictable
Seizure – Taking of person/property into state custody
critical legal studies – hybrid of legal realism and Marxism

claims that rules hide political agendas

employs trashing

judicial review – enables a court to void any law passed by Congress or State Legistlature that conflicts with Constitution
dependent cariable – variable that is observed and that changes in response to the independent variable
Abandoned Property Exception – Any property that has been left behind can be searched and seized
organic societies – -Larger societies
-beliefs, values and behaviors are varied social order is more difficult to maintain, but people must depend upon each other and “organic solidarity” comes from this interdependence
reasonable person standard – standard of behavior expected of a hypothetical "reasonable person," standard against which negligence is measured
suicide – the act of killing yourself
Affirmative action – designed to remedy the effects of past discrimination
Low commitment offenders – amateur criminals
what is a rule – a rule describes a situation in which behavior will lead to a consequence, often mild

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