Complete Exam Prep with Questions,
Answers & Detailed Explanations
What is the bad man theory in law and society? -
✔✔ANSWER ✔✔-Law is viewed as what one can get
away with without intervention.
Who are the law-makers in the law and society tradition?
- ✔✔ANSWER ✔✔-Anyone who can impact law,
including social movements and cultural norms.
,What is the primary difference between legislators and
social actors? - ✔✔ANSWER ✔✔-Legislators have legal
authority to write laws, while social actors define how
laws are interpreted and enforced.
What is the rationalistic theory of legislation? -
✔✔ANSWER ✔✔-Laws are created as rational means of
protecting society from social harms.
What does the functionalistic theory of legislation
emphasize? - ✔✔ANSWER ✔✔-Institutional design to
accommodate society and maintain equilibrium.
What is the conflict theory of legislation? - ✔✔ANSWER
✔✔-Society operates with conflicts of different groups,
where law-making is used to manipulate power.
What does the moral/political entrepreneur theory
suggest? - ✔✔ANSWER ✔✔-Powerful individuals shape
laws according to their interests.
,What does law and society scholarship suggest about
democratic decision-making? - ✔✔ANSWER ✔✔-If laws
are influenced by certain actors, it questions the
democracy of the process.
How do law and society scholars evaluate the rule of law
in the U.S.? - ✔✔ANSWER ✔✔-By comparing law on the
books with law in action and its application across social
classes.
What is the significance of enforcement in the separation
of law on the books and law in action? - ✔✔ANSWER
✔✔-Enforcement can create discrepancies between
written laws and their application.
What is an example of selective enforcement? -
✔✔ANSWER ✔✔-Law enforcement may not act on every
violation due to resource constraints.
, What does the Electronic Theft Act (1997) illustrate? -
✔✔ANSWER ✔✔-Laws that are not enforced may not be
considered valid by law and society scholars.
How does enforcement discretion affect the rule of law?
- ✔✔ANSWER ✔✔-It can undermine the consistency and
fairness of legal application.
What role do lawyers play in enforcement discretion? -
✔✔ANSWER ✔✔-They have the discretion to take or
refuse cases.
How do police exercise enforcement discretion? -
✔✔ANSWER ✔✔-They may choose not to pull over
drivers for minor speeding violations.
What discretion do judges have in the legal system? -
✔✔ANSWER ✔✔-Judges have discretion in sentencing.