SOCIOLOGY OF LAW EXAM
QUESTIONS WITH CORRECT
ANSWERS
Identify and summarize three types of legal consciousness. - ANSWER-Legal
consciousness is the attitudes and views of individuals toward the law and how these
attitudes and views influence individuals' willingness and ability to pursue legal
remedies.
1. Before the law consciousness
2. With the law consciousness
3. Against the law consciousness
Explain, in a summary sentence, how both the social structure of a society and a
society's legal culture influence the form of disputing. Provide an example from a
small-scale society. - ANSWER-Disputing is when a third party becomes involved in
a disagreement which is between two people or a group. In social society, people
generally resolve these through violence, avoidance, or negotiating and in legal
culture they may be resolved through mediation, negotiation, adjudication (public and
formal method), or arbitration (binding decision by third party).
Explain and summarize Judicial intervention as a new area of litigation. - ANSWER-
A form that a party files in an action that has not yet been assigned to a judge. The
RJI is a request for the court to become involved in the matter and will result in the
assignment of a judge, who will then preside over the action until its end.
Explain and summarize alternative dispute resolution (ADR). Also, explain the goal
of ADR. - ANSWER-The Alternative Dispute Resolution involves the use of
negotiation, mediation, arbitration, and other methods as an alternative to the formal
judicial adjudication of disputes. The goal of ADR is to expand the availability of the
legal process to the poor, elderly, and working class.
Explain the concept of transitional justice and identify some of the challenges
associated with it. - ANSWER-Transitional justice is the process by which a newly
installed regime seeks to redress the human rights violations and wrongs committed
by members of the previous repressive government.
Challenges:
1. Creating a sense of respect for the law
2. Educate the next generation about what occurred in the country to ensure that
people will appreciate the importance of maintaining a democratic government that
respects the rights of individuals
Compare and Contrast the 4 primary methods of dispute resolution. - ANSWER-The
primary methods of dispute resolution are negotiation, mediation, arbitration, and
adjudication. Negotiations are voluntary, mediators are third party people who do not
make the final decisions, arbitrators require a final and binding decision, and
adjudication is a formal decision probably by a judge.
, List 3 of the 5 elements of a valid contract. - ANSWER-1. Two party requirement:
Can't make a contract with yourself
2. Legality Requirement: Fraudulent contracts and illegal contracts not enforceable
3. Assent Requirement: Both parties must agree to terms
Compare the four types of litigants by describing the relationship between the
involved parties and the type of lawsuit typically found in each relationship. -
ANSWER-In a civil case, there is a plaintiff who is the aggrieved party in a suit and a
defendant who had a suit filed against them. In criminal cases, there is the
prosecution who is the state or federal government and the defense is the individual
accused of committing a crime.
Define tort law. Explain the three categories of torts. - ANSWER-Tort is a body of law
associated with harm caused to plaintiffs by the action or inaction of defendants
other than breach of contract.
1. Intentional acts: Describes a civil wrong resulting from an intentional act on the
part of the tortfeasor (alleged wrongdoer).
2. Strict liability: Legal doctrine that holds a party responsible for their actions or
products, without the plaintiff having to prove negligence or fault.
3. Negligence: Committed by failure to act as a reasonable person to someone to
whom she owes a duty, as required by law under the circumstances.
Briefly explain the characteristics of legal representation before a Grand Jury. -
ANSWER-Legal representation: Individuals may not be represented by a lawyer
before the grand jury. The individual must leave the room to consult with his or her
attorney.
Why did plea bargaining replace the trial as the primary mechanism for determining
guilt in criminal courts? Include "mutuality of advantage" in your answer. - ANSWER-
Because of the mutuality of advantage for prosecutors, defense attorneys and
judges. Allows prosecutors to maintain a "high batting average" avoid uncertainty of
a formal trial. Defense attorneys don't have to waste time preparing for trial and
rapidly dispose of cases, avoids uncertainty, typically penalties are less harsh then
going to trial, more room to bargain. Judges-allow them to clear there case docket
and an individual accepting guilt is often seen as the first step toward rehabilitation.
Explain the three stages of the inquisitorial system found in Europe. - ANSWER-The
investigative phase: police investigate crime
The examining phase: a judge reviews the information gathered talks to witnesses
etc. and decides if the case should proceed to trial
The trial: use multi judge tribunals, judges run the trial rather than lawyers, usually
call witnesses etc..
There are several justifications offered to justify public attorneys' defense of criminal
defendants. Several of these are listed in Table 7.1 of your textbook. Which do you
find most persuasive and why? - ANSWER-The oddsmaker-it is better to have 10
guilty men go free than 1 innocent man be convicted.
Identify and explain how Indigent defense came about in the United States. -
ANSWER-With the absence of a lawyer a defendant could not adequate present his
QUESTIONS WITH CORRECT
ANSWERS
Identify and summarize three types of legal consciousness. - ANSWER-Legal
consciousness is the attitudes and views of individuals toward the law and how these
attitudes and views influence individuals' willingness and ability to pursue legal
remedies.
1. Before the law consciousness
2. With the law consciousness
3. Against the law consciousness
Explain, in a summary sentence, how both the social structure of a society and a
society's legal culture influence the form of disputing. Provide an example from a
small-scale society. - ANSWER-Disputing is when a third party becomes involved in
a disagreement which is between two people or a group. In social society, people
generally resolve these through violence, avoidance, or negotiating and in legal
culture they may be resolved through mediation, negotiation, adjudication (public and
formal method), or arbitration (binding decision by third party).
Explain and summarize Judicial intervention as a new area of litigation. - ANSWER-
A form that a party files in an action that has not yet been assigned to a judge. The
RJI is a request for the court to become involved in the matter and will result in the
assignment of a judge, who will then preside over the action until its end.
Explain and summarize alternative dispute resolution (ADR). Also, explain the goal
of ADR. - ANSWER-The Alternative Dispute Resolution involves the use of
negotiation, mediation, arbitration, and other methods as an alternative to the formal
judicial adjudication of disputes. The goal of ADR is to expand the availability of the
legal process to the poor, elderly, and working class.
Explain the concept of transitional justice and identify some of the challenges
associated with it. - ANSWER-Transitional justice is the process by which a newly
installed regime seeks to redress the human rights violations and wrongs committed
by members of the previous repressive government.
Challenges:
1. Creating a sense of respect for the law
2. Educate the next generation about what occurred in the country to ensure that
people will appreciate the importance of maintaining a democratic government that
respects the rights of individuals
Compare and Contrast the 4 primary methods of dispute resolution. - ANSWER-The
primary methods of dispute resolution are negotiation, mediation, arbitration, and
adjudication. Negotiations are voluntary, mediators are third party people who do not
make the final decisions, arbitrators require a final and binding decision, and
adjudication is a formal decision probably by a judge.
, List 3 of the 5 elements of a valid contract. - ANSWER-1. Two party requirement:
Can't make a contract with yourself
2. Legality Requirement: Fraudulent contracts and illegal contracts not enforceable
3. Assent Requirement: Both parties must agree to terms
Compare the four types of litigants by describing the relationship between the
involved parties and the type of lawsuit typically found in each relationship. -
ANSWER-In a civil case, there is a plaintiff who is the aggrieved party in a suit and a
defendant who had a suit filed against them. In criminal cases, there is the
prosecution who is the state or federal government and the defense is the individual
accused of committing a crime.
Define tort law. Explain the three categories of torts. - ANSWER-Tort is a body of law
associated with harm caused to plaintiffs by the action or inaction of defendants
other than breach of contract.
1. Intentional acts: Describes a civil wrong resulting from an intentional act on the
part of the tortfeasor (alleged wrongdoer).
2. Strict liability: Legal doctrine that holds a party responsible for their actions or
products, without the plaintiff having to prove negligence or fault.
3. Negligence: Committed by failure to act as a reasonable person to someone to
whom she owes a duty, as required by law under the circumstances.
Briefly explain the characteristics of legal representation before a Grand Jury. -
ANSWER-Legal representation: Individuals may not be represented by a lawyer
before the grand jury. The individual must leave the room to consult with his or her
attorney.
Why did plea bargaining replace the trial as the primary mechanism for determining
guilt in criminal courts? Include "mutuality of advantage" in your answer. - ANSWER-
Because of the mutuality of advantage for prosecutors, defense attorneys and
judges. Allows prosecutors to maintain a "high batting average" avoid uncertainty of
a formal trial. Defense attorneys don't have to waste time preparing for trial and
rapidly dispose of cases, avoids uncertainty, typically penalties are less harsh then
going to trial, more room to bargain. Judges-allow them to clear there case docket
and an individual accepting guilt is often seen as the first step toward rehabilitation.
Explain the three stages of the inquisitorial system found in Europe. - ANSWER-The
investigative phase: police investigate crime
The examining phase: a judge reviews the information gathered talks to witnesses
etc. and decides if the case should proceed to trial
The trial: use multi judge tribunals, judges run the trial rather than lawyers, usually
call witnesses etc..
There are several justifications offered to justify public attorneys' defense of criminal
defendants. Several of these are listed in Table 7.1 of your textbook. Which do you
find most persuasive and why? - ANSWER-The oddsmaker-it is better to have 10
guilty men go free than 1 innocent man be convicted.
Identify and explain how Indigent defense came about in the United States. -
ANSWER-With the absence of a lawyer a defendant could not adequate present his
