ANSWERS RATED A+
✔✔idealist view of the legal branch - ✔✔Even if individuals are flaws, the law is neutral,
and seeks the fairness, justice, rights
✔✔law in books - ✔✔law as debated, agreed upon, and written
✔✔law in action - ✔✔how laws are actually enforced
✔✔courts as disputes - ✔✔- Disputes resolution—-> peaceable settlements and
distribute punishment(with parameters)
- Disputes can be between citizens and the state, citizens, or different levels of the
government
✔✔courts as policy making - ✔✔- Application of law requires a specificity(courts
adjudicate on specifics)
- Statutory interpretation: changes in circumstance/technology/information
- Courts interpretation stands until legislature changes it
✔✔courts as oversight - ✔✔- Checks and balances
- Injunctive power: stopping government actions
- Prosecutions of officials- corruption or misuse of official positions
- Judicial review: courts determining if actions accord with laws
- Appropriateness of governmental behavior(individuals, offices, and actions)
✔✔civil law - ✔✔- Law codified into codes, made by the legislature
- Law as political product
- Written down
- Judges as coordinators, collaborative process between parties in court
- More specific and understandable, easier to apply
✔✔common law - ✔✔- Laws come from legislature, but also precedent and custom-
Stare Decisis(let the decision stand)
- Adversarial process- argumentation and competition
- Judges as referees
✔✔religious law - ✔✔Strongly influenced by religious beliefs, ethical codes, and moral
values, viewed as mandated by a supreme being
✔✔jurisprudence - ✔✔philosophy of law
✔✔natural law - ✔✔- Higher law based on the inherent rights of people(not always
religious) discoverable through reason
- Fundamental right and wrong
, - Natural sense of justice
✔✔positivist jurisprudence - ✔✔- Law is a body of principles, originating with the state,
but with its own logic and rationality
- Formal logic- judges "discover" law as documented by legislature or precedent
- Strict adherence to procedure, process, and precedent
✔✔realist jurisprudence - ✔✔- Law is a set of rules made up by people, to meet the
needs of society
- Law entails judicial discretion. Discretion should be about what society needs
- Behavior of people within systems. Not formal doctrine or abstract rights alone
✔✔benefits of a presidential system - ✔✔- Independent executive
- Strong institutions
- Direct accountability to population
- Predictability and stability
✔✔benefits of a parliamentary system - ✔✔-Efficient and effective
-Integrated institutions
-Accountability through legislature
-Quick and decisive
✔✔negatives of presidential system - ✔✔-Imperial presidency- leaders can become too
strong
-The legislature avoids controversy
-Delegating authority from legislature to exec
-Direct appeals
-Gridlock: divided government
-Things move slowly
✔✔negatives of parliamentary system - ✔✔-Instability: of governing coalitions and
policy
-Coalition governments can be immobilized
✔✔coalition - ✔✔a group of individuals with a common interest on which every political
party depends
✔✔bureaucracy - ✔✔administration of law(position not indivdual)
✔✔ideal bureaucracy: Max Weber - ✔✔- Efficiency and rationality: making governments
work like a machine
- Clear roles and responsibilities
- Rules for everything: consistency
- Hierarchy and chains of command