JURI 2990 Exam 3 Actual Questions and
Correct Answers| Newest Update
Who are the law-makers in the law and society tradition?
Anyone who can impact law, including social movements and cultural norms.
What is the primary difference between legislators and social actors?
Legislators have legal authority to write laws, while social actors define how laws
are interpreted and enforced.
What is the rationalistic theory of legislation?
Laws are created as rational means of protecting society from social harms.
What does the functionalistic theory of legislation emphasize?
Institutional design to accommodate society and maintain equilibrium.
What is the conflict theory of legislation?
Society operates with conflicts of different groups, where law-making is used to
manipulate power.
,What does the moral/political entrepreneur theory suggest?
Powerful individuals shape laws according to their interests.
What does law and society scholarship suggest about democratic decision-
making?
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.?
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?
Enforcement can create discrepancies between written laws and their application.
What is the bad man theory in law and society?
Law is viewed as what one can get away with without intervention.
, What is an example of selective enforcement?
Law enforcement may not act on every violation due to resource constraints.
What does the Electronic Theft Act (1997) illustrate?
Laws that are not enforced may not be considered valid by law and society
scholars.
How does enforcement discretion affect the rule of law?
It can undermine the consistency and fairness of legal application.
What role do lawyers play in enforcement discretion?
They have the discretion to take or refuse cases.
How do police exercise enforcement discretion?
They may choose not to pull over drivers for minor speeding violations.
What discretion do judges have in the legal system?
Correct Answers| Newest Update
Who are the law-makers in the law and society tradition?
Anyone who can impact law, including social movements and cultural norms.
What is the primary difference between legislators and social actors?
Legislators have legal authority to write laws, while social actors define how laws
are interpreted and enforced.
What is the rationalistic theory of legislation?
Laws are created as rational means of protecting society from social harms.
What does the functionalistic theory of legislation emphasize?
Institutional design to accommodate society and maintain equilibrium.
What is the conflict theory of legislation?
Society operates with conflicts of different groups, where law-making is used to
manipulate power.
,What does the moral/political entrepreneur theory suggest?
Powerful individuals shape laws according to their interests.
What does law and society scholarship suggest about democratic decision-
making?
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.?
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?
Enforcement can create discrepancies between written laws and their application.
What is the bad man theory in law and society?
Law is viewed as what one can get away with without intervention.
, What is an example of selective enforcement?
Law enforcement may not act on every violation due to resource constraints.
What does the Electronic Theft Act (1997) illustrate?
Laws that are not enforced may not be considered valid by law and society
scholars.
How does enforcement discretion affect the rule of law?
It can undermine the consistency and fairness of legal application.
What role do lawyers play in enforcement discretion?
They have the discretion to take or refuse cases.
How do police exercise enforcement discretion?
They may choose not to pull over drivers for minor speeding violations.
What discretion do judges have in the legal system?
