Law and Society – Midterm Questions & Answers. 100% Accurate, graded A+
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Law And Society
Law and Society – Midterm Questions & Answers. 100% Accurate, graded A+
Norm Enforcement - -• Applying Social norms regarding statutes or prior court rulings
• Based on pre-existing community standards (habits - like stopping at stop sign while driving)
Nature of Norm Enforcement "Pr...
law and society – midterm questions amp answers 100 accurate
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Law and Society – Midterm Questions &
Answers. 100% Accurate, graded A+
Norm Enforcement - ✔✔-• Applying Social norms regarding statutes or prior court rulings
• Based on pre-existing community standards (habits - like stopping at stop sign while driving)
Nature of Norm Enforcement "Process" - ✔✔-• Some mediation/interpretation when applying
enforcement, typically expressed in courts
• Trial courts are seen normally as applying normalities and previously existing statutes to the facts of
the dispute and/or situation, not creating new standards or laws (includes 1 judge)
• Done on case by case basis, not in a "blanket" manner
Consequences of norm enforcements - ✔✔-• Enforce and preserve status quo (theoretically)
• Labor injunction (employees asking for standards and/or rights, such as a Union)
Policy Decisions - ✔✔-• Creating norms, not enforcing them
• Appellate courts
•Interpretation - Formal rationality (to state clearly the rationale for the interpretation that the judge
would offer in a policy situation)
• Court literally changed the law in certain cases (Miranda v. Arizona)
Test Case - ✔✔-Set up to challenge the interpretation of a law/statute (Plessy v. Ferguson/Brown v.
Board -
14th amendment in this case)
Trial Court's Purpose - ✔✔-Norm enforcement. Decided on case by case basis
Appellate Court's Purpose - ✔✔-Interpreting or Creating Policy. Creating norms, not enforcing them
,Distinctions between Trial and Appellate Courts - ✔✔-• Appellate courts review the decisions of trial
courts and attempt to set standards through interpretation
• Trial courts review facts of a situation. Appellate courts set "values" when reviewing an appealed
decision of a trial court
• Intent of the judges is different
• Form of the decision is different. Appellate level has written opinions (dissents, support) for public
record in order to be transparent and seem legitimate. Trial courts don't typically have a written opinion
because it's a simple ruling
• Scope of social impact is very small (applies only to the individual) in trial court and very large in policy
decisions (impacts things down the road for the entire public)
Value of the distinction between Trial and Appellate Courts - ✔✔-• Identify functions of different courts
(functional analysis)
• Trial courts practice routine application of rules - order maintenance - whereas policy decisions give
formal analysis and rationale for interpretation
• We should be able to apply both forms of legal rule to the complex nature of politics, because both
apply directly in differing ways. Both forms exercise politics.
♣ A series of norm enforcement decisions leads to policy decisions (Zero tolerance on certain issues,
including drug possession, illegal immigration, etc.)
3 Types of Jurisprudence - ✔✔-1. Natural Law - Locke's (Hobbs and Russo as well) doctrine of natural
rights (based on moral principles)
2. Analytical or Positivist
3. Sociological
Natural Law - ✔✔-Lock, Hobbs, Rouso
- Existed before (modern) civil structure was created
- These were inalienable rights held by the constituents or citizens of a governing body
- Law is a set of immutable moral principles
-They believed those who owned property should have a say in government. They have skin in the game
, Analytical or Positivist Law - ✔✔--Deductive reasoning from recorded facts and rules
-Positive, meaning visibly written down officially, not some conceptual thought
-We, as humans, make these decisions on what we believe is right and wrong, and judges will see what
we've written down and will henceforth assess the facts in a case and deduce a verdict from our rules
and reasoning.
-By having our reasoning written down, we know it to be true. It is our order, not some arbitrary order
out in the ether.
-C Langdell challenged this jurisprudential teaching in law school, and was able to reform Harvard into
teaching principles that judge's apply to decisions (C Langdell's "case method")
Why do some people believe Analytical Law is a dangerous path to follow? - ✔✔-In the case of Hitler
(check recitation notes), he used written law and "rationality" to justify his systematic marginalization of
minorities like Jews. He was able to separate morality from reason, which is why many argue that we
cannot create law that is inherently immoral.
C Langdell's "case method" - ✔✔-Dean of Harvard Law School at some point - invented the case
method, which says instead of teaching the law like in an apprentice model, we should train students to
study doctrine in order to learn the principles that judges apply in decisions.
Sociological - ✔✔-Roscoe Pound
-Law is a social institution, not a mechanical system that applies to everything boiler plate. Law is run by
humans who have opinions and subconscious beliefs that affect how they interpret the law
-Law is not an objective science, but rather an art, which likely does not separate law and political
Legal Realism - ✔✔-"Law on the books" v. "Law in Action". Legal Realists believe law has "life" and its
application in the real world can't be viewed as narrowly as what's written on paper.
Roscoe Pound - ✔✔--Believed that law evolved into a social institution, as it should be. Law could help
make society better by being a vehicle for social change.
-1905 - First Municipal Court. Pound believed these courts could help put law in action to progress
society.
-Pound also invented small claims courts.
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