Legal 101 - Final Exam

What is rationalization?

The process by which society and legal systems become more organized, efficient, rule-based, and predictable.

What is a rational legal system?

A legal system based on clear rules, logic, consistency, and predictable outcomes.

What is an irrational legal system?

A legal system based on emotion, religion, intuition, magic, or arbitrary decisions.

What is an example of irrational law?

Trial by ordeal.

Difference between formal and substantive law?

One focuses on procedures/rules and the other focuses on outcomes/goals.

What is Perschbacker and Bassett’s “End of Law” Argument

Law is becoming less public because cases are increasingly resolved through arbitration, meditation, and plea bargaining.

What are two purposes of law according to Perschbacker and Bassett?

1. Create behavior norms and precedent

2. Public resolution of disputes

What is the “base” in Marx’s theory?

The economic system and relationships of production.

What is the “superstructure”?

Institutions like law, religion, education, and politics that support the dominant class.

What does Marx believe law does?

Protects dominant economic interests and maintains inequality.

What is false consciousness?

The illusion that society is equal and fiar even when inequality exists.

What happened in Kelo v. New London?

The government used eminent domain to take private property for economic redecelopment.

What is a repeat player?

Someone who frequently uses the legal system and gains advantages through experience/resources.

Example of a repeat player?

Government, corporations, landlords, Solicitor General.

What is the collective conscience?

Shared moral beliefs and values of society.

What is repressive law?

Law focused on punishment.

What is restitutive law?

Law focused on restoring relationships and social order.

Why does Durkheim think punishment matters?

Punishment reinforces society;s shared moral values and solidarity.

What did Durkheim think about crime?

Crime is normal and exists in very society.

How would Durkheim explain the Salem Witch Trials?

Society was morally unstable and used punishment to reinforce collective values.

Main idea of Critical Legal Studies?

Law is not neutral and reflects political/social power.

What does CRT say about race?

Rase is socially constructed.

What does CRT say about racism?

Racism is embedded in legal systems and institutions.

What is redlinging?

Disciminatory housing/mortage practices against minorities.

What does feminist legal theory argue?

Law historically advantages men and reinforces gender inequality.

What happened in Bradwell v. Illinois?

The Court upheld preventing women from practicing law.

What is discretion?

The ability of legal actors to choose between authorized options.

Why is police discretion necessary?

Laws cannot cover every situation and police cannot enforce every law equally.

Problems with discretion?

Bias, abuse, inconsistency, law of oversignt.

What is broken windows policing?

The idea that stopping small disorder prevents larger crime.

What is community-oriented policing?

Policing that emphasizes community relationships and local problem solving.

What is procedural justice?

People care more about fairness of process than outcome.

What does the 4th Amendment protect?

Against unreasonable searches and seizures.

What is the fruit of the poisonous tree doctrine?

Illegally obtained evidence cannot be used in court.

What is qualified immunity?

Protection from civil lawsuits for police acting wihtin job duties.

Four theories of punishment

1. Retribution

2. Deterrence

3. Rehabilitation

4. Incapacitation

What is deterrence?

Preventing crime through fear of punishment.

Difference between specific and general deterrence?

Specific = stops offender from repeating crime
General = discourages others

What are mandatory minimums?

Fixed punishments set by law with little judicial descretion.

Problems with mandatory minimums?

Mass incarceration, racial disparities, prosecutor power.

What did Plessy v. Ferguson Establish?

“Separate but equal.”

What did Brown v. Board decide?

Segregated public schools are inherently unequal.

What did Brown II say?

Schools should desegregate with “all deliberate speed.”

What is de jure segregation?

Legally required segregation.

What is de facto segregation?

Segregation caused by social/housing patterns, not law.

What did Swann v. Charlotte-Mecklenburg allow?

Busing to promote desegregation.

What did Milliken v. Bradley do?

Limited busing across district lines.

What is strict scrutiny used for?

Race classifications.

What was Bowers v. Hardwick?

Upheld sodomy laws.

What was Goodridge?

Massachusetts legalized same-sex marriage.

What is Obergefell?

Nationwide right to same-sex marriage.

What is voir dire?

Jury selection process.

What is jury nullification?

Jury acquits despite believing defendant guilty because law is unhust.

Positives of juries?

Diversity, legitimacy, community values.

Negative of juries?

Bias, emotion, lack of expertise.

SHORT ANSWER #1: Compare rational and irrational legal systems.

What to say:

• Rational = rule-based, predictable, logical

• Irrational = arbitrary, emotional, religious

• Example = trial by ordeal

SHORT ANSWER #2: Explain Marx’s base-superstructure model.

What to say:

• Base = economic system

• Superstructure = law/politics/religion

• Law supports dominant class interests

SHORT ANSWER #3: Explain police discretion and one problem with it.

What to say:

• Police choose how laws are enforced

• Necessary because laws cannot cover every situation

• Problem = implicit bias/abuse/inconsistency

SHORT ANSWER #4: Explain the difference between de jure and de facto segregation.

What to say:

• De jure = legally enforced segregation

• De facto = segregation caused by neighborhoods/social conditions