Law and Society Exam 1 Questions And Correct Answers Guaranteed Solution.

social control - correct answer attempts by states, organizations, and individuals to regulate human behavior cordozo - correct answer A principle of rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged (traditional legal definition) max weber - correct answer An order will be called a law if it is externally guaranteed by the probability that coercion, to bring about conformity or avenge violation, will be applied by a staff of people holding themselves especially ready for that purpose (who said this?) Donald black - correct answer who said law is essentially governmental social control? dependent - correct answer according to Black, if a crime Is not reported, it is not a violation of law. Therefore, Law is a ____ variable penal - correct answer the deviant is a violator of a prohibition and an offender to be subjected to condemnation and punishment (accusatory style) compensatory - correct answer a person is considered to have a contractual obligation and therefore owes victim restitution (accusatory style) therapeutic - correct answer when the deviants conduct is defined as abnormal; the person needs help. Ex: drug court, veterans court, mental health court, or when intoxicated taken to hospital before jail (remedial style) conciliatory - correct answer when deviant behavior is one side of a social conflict in need of resolution with no right or wrong (remedial style) ex: divorce, custody, property disputes Rule of Law - correct answer laws apply equally to everyone in a democratic state, even the most powerful officials and leaders; process by which laws are enacted, administered, and enforced is accessible, fair and efficient society - correct answer in the rule of law, justice must be delivered by representatives who reflect the makeup of _____ meaningless - correct answer without interpretation and enforcement, the law would remain _____ way of knowing - correct answer why or how you believe something is true tenacity - correct answer unquestioned belief; most primitive method of believing something is true; "I just know its true" (way of knowing) intuition - correct answer gut reaction; feelings about a phenomenon (way of knowing) common sense - correct answer "everybody knows that..."; often contradictory of unhelpful (way of knowing) authority - correct answer "I know something because my teacher said so"; the expert effect (way of knowing) experience - correct answer small sample sizes; subjective and uncontrolled; learning from mistakes and pain (way of knowing) logic - correct answer most often what we see in the law; if A=B and B=C, then A=C; Faulty cause and effect; either or (way of knowing) science - correct answer conclusion for everyone is the same; allows for built in self correction as it corrects over time; fact; test alternative hypothesis (way of knowing) deviant behavior - correct answer legal institutions are responsible for creating and maintaining the rules and norms that define _____ ____ yes - correct answer does social status affect the use and application of the law? distributed - correct answer in principle the law may apply equally to everyone but in practice it is unequally _____ conservatism - correct answer by establishing a social policy of a particular time and place or by making the precedents of the past binding, the law exhibits a tendency toward _____ avoided - correct answer Once a law is in place, continuous revision and disruption is _____ in the interests of predictability and continuity consensus paradigm - correct answer though interests in society often differ, the building of consensus is essential to secure and maintain order; primary function of a legal system is integrity. serves to mitigate potential elements consensus of values, cooperation, compromise - correct answer three Cs of Consensus paradigm group conflict - correct answer law results from a power differential between conflicting groups; power changes over time; can be measured monetary power or coercive power elitist conflict - correct answer law is the tool by which the ruling class exercises their control; power never changes; generally exposes some sort of gender/racial/economic inequality norm - correct answer standard or model for behavior. ex: standing facing the elevator custom - correct answer usual practice, habit, or tradition. ex: marriage defined legally primitive law systems - correct answer built around emphasis on norms, customs, and religion; typically found in hunting and gathering simple agrarian societies; emphasis on clan and families; laws not written or codified; no developed political system; emphasis on common good substantive law - correct answer rights, duties, and prohibitions concerning what is right, wrong, permissible, and impermissible; what you can and cannot do; what is violated procedural law - correct answer rules regarding how substantive law is to be administered, enforced,changed, and used in the mediation of disputes; way law is enforced transitional legal systems - correct answer typically found in advanced agrarian and early industrial societies; fundamental idea of need to govern; integration problem; clearer distinction between laws public law - correct answer structure of the government, duties, and powers of the officials, and relationship between the individual in state; affect society as a whole private law - correct answer regulates relations among non political units; affects an individual, family or units; laws that apply directly to people criminal law - correct answer denotes wrongs a