JURI 2990 EXAM 3 FINAL EXAM 2026:
COMPLETE EXAM PREP WITH QUESTIONS,
100% VERIFIED ANSWERS & DETAILED
EXPLANATIONS GRADED A+
Who are the 'law‐makers' in the law and society
tradition? And how do they differ? - answer-All American law comes from U.S. (federal)
government or from a state government. The legislature is considered the rule-making
power, is general and prospective. Whereas, the executive and judicial branches include
adjudication in terms of individual and case specific, and are retrospective. Separating
these branches of power allows law and society tradition to look carefully at evidence to
determine how that institution affects the behavior of the state, and thus how it affects
what the law is.
I'm Just a Bill Reading/Video vs. Why Protests Work - answer-Video: The most important
players in the process of passing the bill are congressmen who debate whether the bill
should become law.
Article: People recognize a problem and Congress responds.
Law and Society and what is law? - answer-Focuses on the law in action, not the law in
the books. Law is a prediction of how the state will use its power.
What are the models of lawmaking? - answer-Rationalistic (laws are passed to protect
members of society from social harms), functional (lawmakers take culture and write
into law), conflict (government makes law to respond to the interests of some groups to
the detriment of others), and moral/political entrepreneur (powerful people shape the
law according to their interests).
Enforcement Discretion is bad for - answer-formal legality, and it may be bad for
democracy and substantive rule of law too
3 Requirements of formal legality - answer-General, equal, and certain
,Law in the books is very different from - answer-Law in practice
Bracero Program - Immigration Enforcement - answer-Agriculture workers were required
to have temporary visas to work in the United States. The enforcement program for
workers without the appropriate paperwork included the INS taking them back to
Mexico, getting the proper paperwork, and bringing them right back. What matters is
how the state will actually use its power.
The "Predictive" or "Bad Man" Theory - answer-If you want to know the law and nothing
else, you must look at it as a bad man, who cares only for the material consequences
which such knowledge enables him to predict, not as a good one, who finds his reasons
for conduct in the vaguer sanctions of conscience (Oliver Wendell Holmes Jr.)
The Talk v. Walk of Law - answer-There are forces that push and pull on people that
make the decisions in these enforcement agencies.
4 Components of law on the books v. law in action - answer-Selective enforcement of
laws, discretionary application of laws, dilemmas of enforcement agencies, and
important enforcement institutions
Private enforcement definition - answer-Points state power at people through a
lawsuit/when private citizens direct the exercise of State power.
Distributive Impacts of Private Enforcement - answer-The dispute pyramid shows that
its hard to bring a private enforcement lawsuit
Private Enforcement may increase - answer-the equality and certainty of law
Morehead v. Tipaldo - answer-Supreme Court struck down minimum wage laws in
states for women and children.
, West Coast Hotel Co. v. Parish - answer-States may regulate minimum wage laws
(Roberts shifted). Overturned Adkins. They held that the 14th Amendment did not
protect the freedom of contract, reversing Morehead.
Switch in Time - answer-Dangerous political move. FDR's plan to pack the Court and
add more justices that agree with him, however, around the same time, Justice Roberts
began voting for New Deal legislation, making the Court packing plan unneeded. The
Court Packing Plan cannot be a complete explanation for the 'switch in time' because
West Coast Hotel v. Parish was decided before the Court knew about the Court Packing
Plan.
Why did Political Scientists reach the conclusion that the court-packing plan caused
the Court to switch up in West Coast Hotel? - answer-Political scientists typically
attempt to make connections from the past to the present and future events.
Why were historians the ones to realize that it did not? - answer-Historians avoid being
blinded by the story, and look more at the truth. They consider the past to be like a
foreign country, and study it as separate from the present.
What is the "externalist account" and the "internalist account"? What are some
arguments and counterarguments on both sides? - answer-Might not have been the
Court Packing Plan, but FDR's election was decided around this same time. Outside
political factors can affect the decisions of the Court. Justices may have been more
likely to vote for cases in which FDR and public opinion agree upon.
What is the significance of the "Nebbia" case? - answer-Roberts argument was that her
was never asked to overrule certain cases, and if he had, the switch would have
happened much sooner than it actually did.
Externalist Account - answer-Views the legal system from an outsider's perspective—
such as a sociologist, economist, or citizen—focusing on behavior, social
consequences, and empirical facts rather than the internal logic of legal rules.
COMPLETE EXAM PREP WITH QUESTIONS,
100% VERIFIED ANSWERS & DETAILED
EXPLANATIONS GRADED A+
Who are the 'law‐makers' in the law and society
tradition? And how do they differ? - answer-All American law comes from U.S. (federal)
government or from a state government. The legislature is considered the rule-making
power, is general and prospective. Whereas, the executive and judicial branches include
adjudication in terms of individual and case specific, and are retrospective. Separating
these branches of power allows law and society tradition to look carefully at evidence to
determine how that institution affects the behavior of the state, and thus how it affects
what the law is.
I'm Just a Bill Reading/Video vs. Why Protests Work - answer-Video: The most important
players in the process of passing the bill are congressmen who debate whether the bill
should become law.
Article: People recognize a problem and Congress responds.
Law and Society and what is law? - answer-Focuses on the law in action, not the law in
the books. Law is a prediction of how the state will use its power.
What are the models of lawmaking? - answer-Rationalistic (laws are passed to protect
members of society from social harms), functional (lawmakers take culture and write
into law), conflict (government makes law to respond to the interests of some groups to
the detriment of others), and moral/political entrepreneur (powerful people shape the
law according to their interests).
Enforcement Discretion is bad for - answer-formal legality, and it may be bad for
democracy and substantive rule of law too
3 Requirements of formal legality - answer-General, equal, and certain
,Law in the books is very different from - answer-Law in practice
Bracero Program - Immigration Enforcement - answer-Agriculture workers were required
to have temporary visas to work in the United States. The enforcement program for
workers without the appropriate paperwork included the INS taking them back to
Mexico, getting the proper paperwork, and bringing them right back. What matters is
how the state will actually use its power.
The "Predictive" or "Bad Man" Theory - answer-If you want to know the law and nothing
else, you must look at it as a bad man, who cares only for the material consequences
which such knowledge enables him to predict, not as a good one, who finds his reasons
for conduct in the vaguer sanctions of conscience (Oliver Wendell Holmes Jr.)
The Talk v. Walk of Law - answer-There are forces that push and pull on people that
make the decisions in these enforcement agencies.
4 Components of law on the books v. law in action - answer-Selective enforcement of
laws, discretionary application of laws, dilemmas of enforcement agencies, and
important enforcement institutions
Private enforcement definition - answer-Points state power at people through a
lawsuit/when private citizens direct the exercise of State power.
Distributive Impacts of Private Enforcement - answer-The dispute pyramid shows that
its hard to bring a private enforcement lawsuit
Private Enforcement may increase - answer-the equality and certainty of law
Morehead v. Tipaldo - answer-Supreme Court struck down minimum wage laws in
states for women and children.
, West Coast Hotel Co. v. Parish - answer-States may regulate minimum wage laws
(Roberts shifted). Overturned Adkins. They held that the 14th Amendment did not
protect the freedom of contract, reversing Morehead.
Switch in Time - answer-Dangerous political move. FDR's plan to pack the Court and
add more justices that agree with him, however, around the same time, Justice Roberts
began voting for New Deal legislation, making the Court packing plan unneeded. The
Court Packing Plan cannot be a complete explanation for the 'switch in time' because
West Coast Hotel v. Parish was decided before the Court knew about the Court Packing
Plan.
Why did Political Scientists reach the conclusion that the court-packing plan caused
the Court to switch up in West Coast Hotel? - answer-Political scientists typically
attempt to make connections from the past to the present and future events.
Why were historians the ones to realize that it did not? - answer-Historians avoid being
blinded by the story, and look more at the truth. They consider the past to be like a
foreign country, and study it as separate from the present.
What is the "externalist account" and the "internalist account"? What are some
arguments and counterarguments on both sides? - answer-Might not have been the
Court Packing Plan, but FDR's election was decided around this same time. Outside
political factors can affect the decisions of the Court. Justices may have been more
likely to vote for cases in which FDR and public opinion agree upon.
What is the significance of the "Nebbia" case? - answer-Roberts argument was that her
was never asked to overrule certain cases, and if he had, the switch would have
happened much sooner than it actually did.
Externalist Account - answer-Views the legal system from an outsider's perspective—
such as a sociologist, economist, or citizen—focusing on behavior, social
consequences, and empirical facts rather than the internal logic of legal rules.
