Sociology of Law Exam Questions and
Answers
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
case or navigate through the technicalities of court procedures. Leading to the right
to an attorney through all critical stages of the criminal justice system.
Summarize the basics of the indeterminate sentence. - ANSWER-Indeterminate
Sentence. A prison sentence that consists of a range of years (such as "five to ten
, years"). ... The principle behind indeterminate sentences is the hope that prison will
rehabilitate some prisoners; those who show the most progress will be paroled
closer to the minimum term than those who do not.
Define and explain presumptive sentencing guidelines. Why is this important? -
ANSWER-It specifies an appropriate or "normal" sentence for each offense to be
used as a baseline for a judge when handing out a punishment. The statutory
presumptive sentence is considered along with other relevant factors, such as
aggravating or mitigating circumstances, in determining the actual sentence.
Discuss and explain the significance of the seriousness of offense and the
defendant's prior record. - ANSWER-Some offenses are more serious than others,
whether a weapon was used, the value of the property stolen or destroyed and
societies view of the seriousness of the crime.
If a person has a criminal record they will typically get harsher sentencing.
Explain and discuss the history and significance of Sentencing Reform and Three
Strikes Laws. - ANSWER-Sentences are based on a complicated formula that
reflects the seriousness and criminal history of the offender.
The three-strikes law significantly increases the prison sentences of persons
convicted of a felony who have been previously convicted of two or more violent
crimes or serious felonies, and limits the ability of these offenders to receive a
punishment other than a life sentence.
Explain and discuss the historicity of unanimous verdicts in jury decision-making. -
ANSWER-Historically unanimous verdicts were required in the criminal justice
system and the typical size of the jury has to be more than 5, if not everyone agrees
it is called a hung jury. It has been found that unanimous and non-unanimous juries
tend to reach similar results.
The government may retry any defendant on any count on which the jury could not
agree." Juries in criminal cases are generally, as a rule, required to reach a
unanimous verdict, and juries in civil cases typically have to reach a majority on
some level.
List 3 differences between the Juvenile and the Adult system of courts in the United
States - ANSWER-Juveniles are taken into custody at juvenile detention while adults
are taken to jail. Juveniles receive a hearing and admits or denies the charges while
adults are arraigned and plead guilty, not guilty, or no contest. Juveniles are
released at age 20 and receive care and their record is expunged while adults are
paroled when their sentence is completed and have a parole officer or are on
probation.
Outline the five elements of corpus delicti (crime) and explain why they all must be
proven. - ANSWER-Corpus delicti is the term for the principle that a crime must be
proved to have occurred before a person can be convicted of committing that crime.
This is the idea of "no body, no crime". The 5 elements of corpus delicti are:
1. actus reus (the act itself)
2. Mens rea (the intent)
3. Concurrence (union of actus reus and mens rea)
4. Causation (the criminal act is cause of harm)
Answers
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
case or navigate through the technicalities of court procedures. Leading to the right
to an attorney through all critical stages of the criminal justice system.
Summarize the basics of the indeterminate sentence. - ANSWER-Indeterminate
Sentence. A prison sentence that consists of a range of years (such as "five to ten
, years"). ... The principle behind indeterminate sentences is the hope that prison will
rehabilitate some prisoners; those who show the most progress will be paroled
closer to the minimum term than those who do not.
Define and explain presumptive sentencing guidelines. Why is this important? -
ANSWER-It specifies an appropriate or "normal" sentence for each offense to be
used as a baseline for a judge when handing out a punishment. The statutory
presumptive sentence is considered along with other relevant factors, such as
aggravating or mitigating circumstances, in determining the actual sentence.
Discuss and explain the significance of the seriousness of offense and the
defendant's prior record. - ANSWER-Some offenses are more serious than others,
whether a weapon was used, the value of the property stolen or destroyed and
societies view of the seriousness of the crime.
If a person has a criminal record they will typically get harsher sentencing.
Explain and discuss the history and significance of Sentencing Reform and Three
Strikes Laws. - ANSWER-Sentences are based on a complicated formula that
reflects the seriousness and criminal history of the offender.
The three-strikes law significantly increases the prison sentences of persons
convicted of a felony who have been previously convicted of two or more violent
crimes or serious felonies, and limits the ability of these offenders to receive a
punishment other than a life sentence.
Explain and discuss the historicity of unanimous verdicts in jury decision-making. -
ANSWER-Historically unanimous verdicts were required in the criminal justice
system and the typical size of the jury has to be more than 5, if not everyone agrees
it is called a hung jury. It has been found that unanimous and non-unanimous juries
tend to reach similar results.
The government may retry any defendant on any count on which the jury could not
agree." Juries in criminal cases are generally, as a rule, required to reach a
unanimous verdict, and juries in civil cases typically have to reach a majority on
some level.
List 3 differences between the Juvenile and the Adult system of courts in the United
States - ANSWER-Juveniles are taken into custody at juvenile detention while adults
are taken to jail. Juveniles receive a hearing and admits or denies the charges while
adults are arraigned and plead guilty, not guilty, or no contest. Juveniles are
released at age 20 and receive care and their record is expunged while adults are
paroled when their sentence is completed and have a parole officer or are on
probation.
Outline the five elements of corpus delicti (crime) and explain why they all must be
proven. - ANSWER-Corpus delicti is the term for the principle that a crime must be
proved to have occurred before a person can be convicted of committing that crime.
This is the idea of "no body, no crime". The 5 elements of corpus delicti are:
1. actus reus (the act itself)
2. Mens rea (the intent)
3. Concurrence (union of actus reus and mens rea)
4. Causation (the criminal act is cause of harm)
