Law in Society Flashcards

Flashcards on Law in Society concepts

Legality

An organizing structure of social relations shaped by legal concepts through everyday interactions.

Official Law

Formal rules applied by legal institutions (e.g., courts).

Problems of interpretation in written law

Issues that arise due to language ambiguity, indeterminacy, changing contexts, and conflicting principles.

Natural Law Theories

Hold that law derives from universal moral principles accessible through reason, promoting the common good.

Hart’s Primary Rules

Regulate conduct (e.g., theft laws, tax obligations).

Hart’s Secondary Rules

Govern rule creation, modification, and enforcement (e.g., legislative procedures, court jurisdiction).

Rule of Recognition

Identifies valid laws (e.g., U.S. Constitution).

Rule of Change

Governs law creation/amendment (e.g., congressional procedures).

Rule of Adjudication

Establishes dispute resolution (e.g., court authority under PACA).

Separability Thesis

States that law’s validity depends on proper enactment, not moral content.

Federal Regulations

Agency rules (e.g., EPA under Clean Air Act).

Judicial Precedents

Court rulings (e.g., Marbury v. Madison).

Agency Adjudications

Administrative decisions (e.g., PACA rulings).

Federal Constitution

Supreme legal framework.

Common Law

Judge-made precedents; judges create law.

Civil Law

Relies on codes; judges apply rules mechanically.

Marxist accounts of law

Law is a ruling class tool, masking power via ideology.

Principle of Institutional Settlement

Decisions via established procedures are binding until changed, ensuring order in interdependent societies.

Free on board (f.o.b.)

Ownership shifts to buyer when goods are on transport; buyer may inspect/reject.

f.o.b. Acceptance

Buyer must accept goods unless contract breach; can seek damages.

Rolling Acceptance

Ownership transfers during transit; no rejection unless defective at shipment.

Brady Rule

Prosecutors must disclose exculpatory evidence to the defense.

Adversary System

Opposing parties present cases; judge is neutral referee.

Inquisitorial System

Judge investigates facts, controls evidence.

Grievance

Perceived injustice (e.g., stolen bike).

Claim

Communicated demand for redress (e.g., refund request).

Dispute

Rejected claim, creating conflict (e.g., landlord denies deposit).

Personal Plights

Small firms, individuals, less pay, minorities.

Corporate

Large firms, corporations, high pay, White elites.

One-shotter (OS)

Rare litigants (e.g., injury claimant).

Repeat Player (RP)

Frequent litigants (e.g., insurance companies).

Contingency Fees

Lawyer paid a percentage (33%–45%) of recovery, only if successful.

Orphans

Real injuries, hard-to-prove liability (e.g., Woburn leukemia).

Dogs

Frivolous claims (e.g., baseless suits).

Cause Lawyer

Focuses on justice and social change (e.g., civil rights, environment), not just client service.

Dispute Settled in the Shadow of the Law

Resolved outside court but shaped by expected legal outcomes.