28.LAW & SOCIETY FINAL EXAM PREDICTION WITH AFFIRMATIVE
ANSWERS
Law in traditional vs. complex societies - correct answer Traditional: rely on customs, elders or
divine authority for enforcement - usually close-knit homogeneous communities with strong
social ties
Complex: people have more special interests, social relations and access to material goods are
more indirect - higher prospect for conflict, greater need of explicit regulatory mechanisms
What percentage of cases are settled through plea bargaining? - correct answer 90%
Weber's definition of law - correct answer Law has 3 basic features that distinguish it from
normative orders such as customs and convention:
1) Pressures to comply with law must come externally in the form of actions/threats to action if
the person does not obey the law
2) External actions/threats involves the use of coercion or force
3) The actors behind the coercive threat are individuals with an official role to enforce the law
Donald Black's Definition of Law - correct answer Four styles of social control: penal,
compensatory, therapeutic, and conciliatory
Penal social control - correct answer deviant is a violator of a prohibition who is subject to
condemnation/punishment
Compensatory social control - correct answer contractual obligation and owes victim
restitutions
Therapeutic social control - correct answer deviant's conduct defined as abnormal and
therefore, he/she needs help (i.e. treatment by psychiatrist)
,Conciliatory social control - correct answer deviant behavior represents one side of a social
conflict in need of resolutions as to who is right/wrong
Substantive Law - correct answer rights, duties, prohibitions (i.e. prohibition against murder)
Procedural Law - correct answer how substantive laws are to be administered, enforced,
changed, and used by players in the legal system (i.e. presenting evidence in court)
Public Law - correct answer determines the structure of government, duties and powers of
officials, relationship between the individual and the state (i.e. constitutional law,
administrative law, etc.)
Private Law - correct answer determines the relationships between individuals (i.e. law of
torts/private injuries, contract, property, will, inheritance, marriage, divorce, adoption, etc.)
Civil Law (vs. criminal) - correct answer governs the conduct of individuals in their relationships
with others (violations of civil statues = torts) - compensation usually required to redress harm
experienced
Criminal Law (vs. civil) - correct answer regards offenses to the state or the people as a public
entity - involves the prosecution and penal treatment of offenders
Common Law (vs. civil) - correct answer Characteristic of the English system and is not based on
acts of parliament but on case law where judges make decisions relying heavily on precedence
Civil Law (vs. common) - correct answer Codified legal systems where basic law is found in
codes - precedent is not the source of law, decisions made are exclusive to that case. Sources of
law are the Constitution, laws enacted by legislature, and customary/religious laws
Constitutional Law - correct answer branch of public law that determines powers/limitations on
exercise of governing power
, Case Law - correct answer enacted by judges in cases in the appellate courts
Statutory Law - correct answer legislated law (law made by legislatures) and enacted by
political bodies
Executive Orders - correct answer issued by the executive branch of gov't at the federal/state
levels
Administrative Law - correct answer created by administrative agencies in the form of
regulations, orders, and decisions
How much of the world follows civil law? - correct answer 95%
What is the only court in the world that is not based on precedent? - correct answer US
Supreme Court (because they can reverse their rulings)
Federal law - correct answer deals exclusively with civil rights, civil liberties, federal crimes
(terrorism, commits a crime across multiple states) - sources of law include the Constitution,
laws enacted by Congress, and US Supreme Court precedents
State law - correct answer whatever state you are in, you are subject to the laws of that state -
sources include state constitution, laws enacted by the state legislature, and state court
precedents
Sources of International Law - correct answer - Treaties
- International Court of Justice (organ of the UN)
- Customary Law
- General Principles of Law
- Precedent
ANSWERS
Law in traditional vs. complex societies - correct answer Traditional: rely on customs, elders or
divine authority for enforcement - usually close-knit homogeneous communities with strong
social ties
Complex: people have more special interests, social relations and access to material goods are
more indirect - higher prospect for conflict, greater need of explicit regulatory mechanisms
What percentage of cases are settled through plea bargaining? - correct answer 90%
Weber's definition of law - correct answer Law has 3 basic features that distinguish it from
normative orders such as customs and convention:
1) Pressures to comply with law must come externally in the form of actions/threats to action if
the person does not obey the law
2) External actions/threats involves the use of coercion or force
3) The actors behind the coercive threat are individuals with an official role to enforce the law
Donald Black's Definition of Law - correct answer Four styles of social control: penal,
compensatory, therapeutic, and conciliatory
Penal social control - correct answer deviant is a violator of a prohibition who is subject to
condemnation/punishment
Compensatory social control - correct answer contractual obligation and owes victim
restitutions
Therapeutic social control - correct answer deviant's conduct defined as abnormal and
therefore, he/she needs help (i.e. treatment by psychiatrist)
,Conciliatory social control - correct answer deviant behavior represents one side of a social
conflict in need of resolutions as to who is right/wrong
Substantive Law - correct answer rights, duties, prohibitions (i.e. prohibition against murder)
Procedural Law - correct answer how substantive laws are to be administered, enforced,
changed, and used by players in the legal system (i.e. presenting evidence in court)
Public Law - correct answer determines the structure of government, duties and powers of
officials, relationship between the individual and the state (i.e. constitutional law,
administrative law, etc.)
Private Law - correct answer determines the relationships between individuals (i.e. law of
torts/private injuries, contract, property, will, inheritance, marriage, divorce, adoption, etc.)
Civil Law (vs. criminal) - correct answer governs the conduct of individuals in their relationships
with others (violations of civil statues = torts) - compensation usually required to redress harm
experienced
Criminal Law (vs. civil) - correct answer regards offenses to the state or the people as a public
entity - involves the prosecution and penal treatment of offenders
Common Law (vs. civil) - correct answer Characteristic of the English system and is not based on
acts of parliament but on case law where judges make decisions relying heavily on precedence
Civil Law (vs. common) - correct answer Codified legal systems where basic law is found in
codes - precedent is not the source of law, decisions made are exclusive to that case. Sources of
law are the Constitution, laws enacted by legislature, and customary/religious laws
Constitutional Law - correct answer branch of public law that determines powers/limitations on
exercise of governing power
, Case Law - correct answer enacted by judges in cases in the appellate courts
Statutory Law - correct answer legislated law (law made by legislatures) and enacted by
political bodies
Executive Orders - correct answer issued by the executive branch of gov't at the federal/state
levels
Administrative Law - correct answer created by administrative agencies in the form of
regulations, orders, and decisions
How much of the world follows civil law? - correct answer 95%
What is the only court in the world that is not based on precedent? - correct answer US
Supreme Court (because they can reverse their rulings)
Federal law - correct answer deals exclusively with civil rights, civil liberties, federal crimes
(terrorism, commits a crime across multiple states) - sources of law include the Constitution,
laws enacted by Congress, and US Supreme Court precedents
State law - correct answer whatever state you are in, you are subject to the laws of that state -
sources include state constitution, laws enacted by the state legislature, and state court
precedents
Sources of International Law - correct answer - Treaties
- International Court of Justice (organ of the UN)
- Customary Law
- General Principles of Law
- Precedent
