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Exam (elaborations)

Juri2990 Exam 3 – Questions With Applicable Solutions

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Juri2990 Exam 3 – Questions With Applicable Solutions

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Juri2990 Exam 3 – Questions With Applicable
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Practice questions for this set


Learn 1 /7 Study using Learn




lots of complications in the process, focuses narrowly on meaning of words then
trying to translate those into contemporary life, not enough understanding of
context



Choose an answer



1 law and society 2 private civil litigation



critiques of original public meaning
3 functionalistic theory of lawmaking 4
method



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Terms in this set (55)



law and society law is created and enforced by society- effort to get
away from the idea of law as something abstract

, lawmakers in law and society includes not just legislators but also journalists,
academics, mass media figures, interest groups, and
enforcers


why protests work credible threat + challenge legitimacy + create
individual commitment to generate long term
collective action


rationalistic theory of law making a problem is identified, legislature comes up with a
solution ("I'm just a bill")


functionalistic theory of lawmaking lawmaking process is a functional response to
broader demands of society- law should create
structures to guide society


conflict theory of lawmaking society operates as a conflict between different
social groups, and those in power use it power to
dominate other groups and advance their own
interests


moral/political entrepreneur theory of hard to predict if laws will promote the common
lawmaking good or advance the interests of a powerful group;
process: kernel of truth, media magnification,
entrepreneurs act/use the state, professional interst
groups, historical/social conflict, link to a "dangerous"
class, scapegoating


certainty, equality, and enforcement not enough to know the law on the books if you
critique of the rule of law don't know how the state will use its power while
enforcing the law


types of non-enforcement complete non-enforcement, selective enforcement,
selective non-enforcement


progressive prosecution movement where district attorneys aim to reform the
criminal justice system by addressing inequities and
only selectively prosecuting

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