LSJ 200 Midterm 2025 Update |Complete Exam Set
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constitutive force - ✔✔ANSWER✔✔>>law's constitutional power
traditional legal system - ✔✔ANSWER✔✔>>Based on customary law (rules not written
down, based on customs, passed on orally)
theocratic legal system - ✔✔ANSWER✔✔>>Based on religious rules & principles
No separation of church and state (how Europeans/Puritan settlers wanted it)
legitimacy - ✔✔ANSWER✔✔>>○ Belief/faith in institution that makes law
○ Belief/faith in validating of rule/law itself
○ Belief that the legal procedures is procedurally for practical justice
(isn't a given power, attributes to individuals over time)
criminalization - ✔✔ANSWER✔✔>>process of behaviors and individuals being
transformed into crime and criminals, previously legal acts may be transformed into
crimes by legislation or judicial decision (e.g. marijuana, polygamy)
certainty vs. severity - ✔✔ANSWER✔✔>>certainty that one will get punished vs. the
severity of a punishment is more likely to get deterrent results.
norms vs. rules - ✔✔ANSWER✔✔>>"norms" are like don't stand too close to someone
in an elevator, where rules are like, don't press the fire alarm button inside the elevator
when there isn't a fire.
legal pluralism - ✔✔ANSWER✔✔>>two or more systems of authority (often seen after
colonization in a country) (e.g., military, US gov, native American tribes)
legal authority - ✔✔ANSWER✔✔>>a ruling regime is largely tied to legal rationality,
legal legitimacy and bureaucracy, they're who makes the rules and it's why we follow
them
legal mobilization - ✔✔ANSWER✔✔>>Law/courts as a tool for enacting social change
(values don't just change because law does, see Brown v. Board) Rosenburg article,
Hollow Hope, Courts don't make change the legislation does
, legal consciousness - ✔✔ANSWER✔✔>>what people think and feel about the law (is it
legitimate? do you follow/trust it?)
informal/formal social control - ✔✔ANSWER✔✔>>informal: Informal social control (like,
honking in a traffic jam) formal is an actual barrier for something
hydraulic displacement of discretion - ✔✔ANSWER✔✔>>mandatory minimum
sentencing laws is an example, "hydraulic displacement" of discretion. (but discretions
gonna happen regardless), shifts from judge to prosecutor and down
implicit bias - ✔✔ANSWER✔✔>>unconscious stereotypes, controlling it is tough
indeterminance of law - ✔✔ANSWER✔✔>>Can the law constrain the results reached
by adjudicators in legal disputes? Arguably no, application of the law will be different
sometimes depending.
discretion - ✔✔ANSWER✔✔>>the freedom to decide what should be done in a
particular situation (e.g., whether or not to give someone a ticket) judgment involved in
interpreting, implying, complying w/ law
adaptation - ✔✔ANSWER✔✔>>difference between letter of the law and spirit of the law
(ex: NFL technically a "non-profit" on tax code
black codes/Jim Crow/grandfather clauses - ✔✔ANSWER✔✔>>disenfranchisement of
African Americans and their rights that occurred after the passage of the 14th and 15th
amendments
intent standard - ✔✔ANSWER✔✔>>Law has evolved differently, interpreted in
employment/fed agencies differently
disparate impact standard - ✔✔ANSWER✔✔>>no overt discrimination, nothing fair in
form but discriminating in implementation allowed (like dress codes! fairly written, sexist
enforcement)
jurisdictional black hole - ✔✔ANSWER✔✔>>tricky to deal w/ charges from Major
Crimes Act cuz tryna not step on Native American toes
legal formalism - ✔✔ANSWER✔✔>>focus on law on the books (old timey) following
exactly how it's written
legal realism - ✔✔ANSWER✔✔>>focus on the social origins & effects of law (how it's
actually followed, or how values can lead to laws)
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