UGA JURI 2990 EXAM 3 QUESTIONS AND CORRECT ANSWERS 100%
VERIFIED!!!! ALREADY GRADED A+
Who are the 'law‐makers' in the law and society
tradition? And how do they differ? - (answer)All American law comes from U.S. (federal) government or
from a state government. The legislature is considered the rule-making power, is general and
prospective. Whereas, the executive and judicial branches include adjudication in terms of individual and
case specific, and are retrospective. Separating these branches of power allows law and society tradition
to look carefully at evidence to determine how that institution affects the behavior of the state, and thus
how it affects what the law is.
Law and Society and what is law? - (answer)Focuses on the law in action, not the law in the books. Law is
a prediction of how the state will use its power.
What are the models of lawmaking? - (answer)Rationalistic (laws are passed to protect members of
society from social harms), functional (lawmakers take culture and write into law), conflict (government
makes law to respond to the interests of some groups to the detriment of others), and moral/political
entrepreneur (powerful people shape the law according to their interests).
4 Components of law on the books v. law in action - (answer)Selective enforcement of laws,
discretionary application of laws, dilemmas of enforcement agencies, and important enforcement
institutions
What is the "externalist account" and the "internalist account"? What are some arguments and
counterarguments on both sides? - (answer)Might not have been the Court Packing Plan, but FDR's
election was decided around this same time. Outside political factors can affect the decisions of the
Court. Justices may have been more likely to vote for cases in which FDR and public opinion agree upon.
What is the significance of the "Nebbia" case? - (answer)Roberts argument was that her was never asked
to overrule certain cases, and if he had, the switch would have happened much sooner than it actually
did.
Externalist Account - (answer)Views the legal system from an outsider's perspective—such as a
sociologist, economist, or citizen—focusing on behavior, social consequences, and empirical facts rather
than the internal logic of legal rules.
, UGA JURI 2990 EXAM 3 QUESTIONS AND CORRECT ANSWERS 100%
VERIFIED!!!! ALREADY GRADED A+
Internalist Account - (answer)Prioritizes the perspectives of officials using law as a guide to obligation.
Who are the 'law‐makers' in the law and society
tradition? And how do they differ? - (answer)The 'law-makers' are the three branches of government,
primarily distinguished by the scope and timing of their authority. The legislature holds the rule-making
power, creating laws that are general in nature and prospective, meaning they apply to future conduct.
In contrast, the executive and judicial branches engage in adjudication, which is case-specific and
retrospective, dealing with individual actions that have already occurred. Separating these powers allows
the law and society tradition to use evidence to determine how specific institutions affect the behavior
of the state, thereby defining what 'the law' actually becomes in practice
How is law seen in terms of law & society tradition? - (answer)Law is viewed not as a static set of rules,
but as a measurable product of the society that created it. This perspective is strictly positivistic and
evidence-based, treating law as an exercise of power by society that can be observed and analyzed
through data. By shifting the focus from abstract legal logic to societal output, this tradition allows
scholars to evaluate how social forces shape the legal system's development and function.
What are the different theories of legislation in the
Law and Society tradition? - (answer)There are two primary theories: the rationalistic model and the
functionalist model. The rationalistic model views legislation as a logical sequence of investigation,
information gathering, and interest aggregation designed to create a specific remedy. The functionalist
model argues that law-making is a functional response to societal needs, creating structures that define
society and ensure individuals follow through on their social promises. Both theories relate to the course
goal of understanding whether the Rule of Law is a planned rational system or a reactive social tool.
What does law and society scholarship on the
legislative process suggest about the ROL in the U.S.,
particularly the state of democratic decision‐making? - (answer)Scholarship suggests that the legislative
process is often less about a 'rational' search for the common good and more about the aggregation of
powerful interests. This implies that the Rule of Law in the U.S. may be compromised by 'capture,' where
specific groups influence the 'law-making' power to favor their own needs rather than neutral,
democratic consensus. From this view, democratic decision-making is seen as a messy competition for
influence that determines the actual content of the law.
VERIFIED!!!! ALREADY GRADED A+
Who are the 'law‐makers' in the law and society
tradition? And how do they differ? - (answer)All American law comes from U.S. (federal) government or
from a state government. The legislature is considered the rule-making power, is general and
prospective. Whereas, the executive and judicial branches include adjudication in terms of individual and
case specific, and are retrospective. Separating these branches of power allows law and society tradition
to look carefully at evidence to determine how that institution affects the behavior of the state, and thus
how it affects what the law is.
Law and Society and what is law? - (answer)Focuses on the law in action, not the law in the books. Law is
a prediction of how the state will use its power.
What are the models of lawmaking? - (answer)Rationalistic (laws are passed to protect members of
society from social harms), functional (lawmakers take culture and write into law), conflict (government
makes law to respond to the interests of some groups to the detriment of others), and moral/political
entrepreneur (powerful people shape the law according to their interests).
4 Components of law on the books v. law in action - (answer)Selective enforcement of laws,
discretionary application of laws, dilemmas of enforcement agencies, and important enforcement
institutions
What is the "externalist account" and the "internalist account"? What are some arguments and
counterarguments on both sides? - (answer)Might not have been the Court Packing Plan, but FDR's
election was decided around this same time. Outside political factors can affect the decisions of the
Court. Justices may have been more likely to vote for cases in which FDR and public opinion agree upon.
What is the significance of the "Nebbia" case? - (answer)Roberts argument was that her was never asked
to overrule certain cases, and if he had, the switch would have happened much sooner than it actually
did.
Externalist Account - (answer)Views the legal system from an outsider's perspective—such as a
sociologist, economist, or citizen—focusing on behavior, social consequences, and empirical facts rather
than the internal logic of legal rules.
, UGA JURI 2990 EXAM 3 QUESTIONS AND CORRECT ANSWERS 100%
VERIFIED!!!! ALREADY GRADED A+
Internalist Account - (answer)Prioritizes the perspectives of officials using law as a guide to obligation.
Who are the 'law‐makers' in the law and society
tradition? And how do they differ? - (answer)The 'law-makers' are the three branches of government,
primarily distinguished by the scope and timing of their authority. The legislature holds the rule-making
power, creating laws that are general in nature and prospective, meaning they apply to future conduct.
In contrast, the executive and judicial branches engage in adjudication, which is case-specific and
retrospective, dealing with individual actions that have already occurred. Separating these powers allows
the law and society tradition to use evidence to determine how specific institutions affect the behavior
of the state, thereby defining what 'the law' actually becomes in practice
How is law seen in terms of law & society tradition? - (answer)Law is viewed not as a static set of rules,
but as a measurable product of the society that created it. This perspective is strictly positivistic and
evidence-based, treating law as an exercise of power by society that can be observed and analyzed
through data. By shifting the focus from abstract legal logic to societal output, this tradition allows
scholars to evaluate how social forces shape the legal system's development and function.
What are the different theories of legislation in the
Law and Society tradition? - (answer)There are two primary theories: the rationalistic model and the
functionalist model. The rationalistic model views legislation as a logical sequence of investigation,
information gathering, and interest aggregation designed to create a specific remedy. The functionalist
model argues that law-making is a functional response to societal needs, creating structures that define
society and ensure individuals follow through on their social promises. Both theories relate to the course
goal of understanding whether the Rule of Law is a planned rational system or a reactive social tool.
What does law and society scholarship on the
legislative process suggest about the ROL in the U.S.,
particularly the state of democratic decision‐making? - (answer)Scholarship suggests that the legislative
process is often less about a 'rational' search for the common good and more about the aggregation of
powerful interests. This implies that the Rule of Law in the U.S. may be compromised by 'capture,' where
specific groups influence the 'law-making' power to favor their own needs rather than neutral,
democratic consensus. From this view, democratic decision-making is seen as a messy competition for
influence that determines the actual content of the law.
