EXAM 2025-2026 GRADED A+
QUESTIONTherapeutic social control - answer-deviant's conduct defined
as abnormal and therefore, he/she needs help (i.e. treatment by
psychiatrist)
QUESTIONConciliatory social control - answer-deviant behavior represents
one side of a social conflict in need of resolutions as to who is right/wrong
QUESTIONSubstantive Law - answer-rights, duties, prohibitions (i.e.
prohibition against murder)
QUESTIONProcedural Law - answer-how substantive laws are to be
administered, enforced, changed, and used by players in the legal system
(i.e. presenting evidence in court)
QUESTIONPublic Law - answer-determines the structure of government,
duties and powers of officials, relationship between the individual and the
state (i.e. constitutional law, administrative law, etc.)
QUESTIONPrivate Law - answer-determines the relationships between
individuals (i.e. law of torts/private injuries, contract, property, will,
inheritance, marriage, divorce, adoption, etc.)
QUESTIONCivil Law (vs. criminal) - answer-governs the conduct of
individuals in their relationships with others (violations of civil statues =
torts) - compensation usually required to redress harm experienced
Law in traditional vs. complex societies - answer-Traditional: rely on
customs, elders or divine authority for enforcement - usually close-knit
homogeneous communities with strong social ties
Complex: people have more special interests, social relations and access
to material goods are more indirect - higher prospect for conflict, greater
need of explicit regulatory mechanisms
,QUESTIONWhat percentage of cases are settled through plea bargaining?
- answer-90%
QUESTIONWeber's definition of law - answer-Law has 3 basic features
that distinguish it from normative orders such as customs and convention:
1) Pressures to comply with law must come externally in the form of
actions/threats to action if the person does not obey the law
2) External actions/threats involves the use of coercion or force
3) The actors behind the coercive threat are individuals with an official role
to enforce the law
QUESTIONDonald Black's Definition of Law - answer-Four styles of social
control: penal, compensatory, therapeutic, and conciliatory
QUESTIONPenal social control - answer-deviant is a violator of a
prohibition who is subject to condemnation/punishment
QUESTIONCompensatory social control - answer-contractual obligation
and owes victim restitutions
QUESTIONCriminal Law (vs. civil) - answer-regards offenses to the state
or the people as a public entity - involves the prosecution and penal
treatment of offenders
QUESTIONCommon Law (vs. civil) - answer-Characteristic of the English
system and is not based on acts of parliament but on case law where
judges make decisions relying heavily on precedence
QUESTIONCivil Law (vs. common) - answer-Codified legal systems where
basic law is found in codes - precedent is not the source of law, decisions
made are exclusive to that case. Sources of law are the Constitution, laws
enacted by legislature, and customary/religious laws
QUESTIONConstitutional Law - answer-branch of public law that
determines powers/limitations on exercise of governing power
QUESTIONCase Law - answer-enacted by judges in cases in the appellate
courts
, QUESTIONStatutory Law - answer-legislated law (law made by
legislatures) and enacted by political bodies
QUESTIONExecutive Orders - answer-issued by the executive branch of
gov't at the federal/state levels
QUESTIONAdministrative Law - answer-created by administrative
agencies in the form of regulations, orders, and decisions
QUESTIONHow much of the world follows civil law? - answer-95%
QUESTIONWhat is the only court in the world that is not based on
precedent? - answer-US Supreme Court (because they can reverse their
rulings)
QUESTIONFederal law - answer-deals exclusively with civil rights, civil
liberties, federal crimes (terrorism, commits a crime across multiple states)
- sources of law include the Constitution, laws enacted by Congress, and
US Supreme Court precedents
QUESTIONState law - answer-whatever state you are in, you are subject to
the laws of that state - sources include state constitution, laws enacted by
the state legislature, and state court precedents
QUESTIONSources of International Law - answer-- Treaties
- International Court of Justice (organ of the UN)
- Customary Law
- General Principles of Law
- Precedent
- Scholarly Work on International Law
- Justice
resort to each one only after the source before has been exhausted
QUESTIONInternational regime - answer-international organization that
has rules and regulations (i.e. international trade)
QUESTIONtorts - answer-laws pertaining to private wrongs of parties
against each other