Law & Society Final

screaming, crying, throwing up

According to Kidder, what is an example of how is custom stronger than law?

1. Prohibition: Decreased drinking but a significant minority continued to drink

2. Mormon Polygamy: Small sects continues to practice despite government crackdowns

3. Soviet Muslim Women’s Liberation: Soviets planned to liberate women and use them to dominate traditional Muslim society

According to Kidder, what is an example of how structural forces can change the amount of law?

• Structural change in society leads to a change in law independent of custom

  1. Interaction density: more people creates need for more law

  2. Kibbutz: less freedom, less law, collective ownership

  3. Moshav: formal legal system, private ownership

What illustrates what Kidder describes as a cultural lag?

• Law lags culture

• Culture takes time to catch up to tech advancements

• Culture established as custom and then custom becomes law

Multiplex relationships

• One person has many roles

• Typical of smaller communities

• Ex) Relative and business partner and friend

• Decline in multiplex relationships leads to more law

Are modern or pre-modern societies more likely to have multiplex relationships

Pre-modern

According to Kidder and Hostetler, Japan government policy:

• Discourages litigation

• When the government is forced to make legal change, it pretends to be leading reform

• Japanese are conscious of their rights, but difficult to achieve them through law

According to Kato, a Japanese law degree is:

• An undergraduate program

• Based on theory-consistency, lecture interpret laws in the context of legal theory

According to Kato, which jurisdiction is more likely to use judicial review?

US courts

• Japanese courts only struck down 4-5 laws in about 40 years

According to Kato, how does one become a Japanese judge?

• Hired after graduation as assistant judges

• After 10 years, most become full judges

• Promoted through ranks by judges

• Essentially a bureaucracy

According to Kato, which of the following countries has the most judges per capita?

The US

According to Kato, persuasive arguments:

• Lawyers in the US and Canada must be good at presenting persuasive oral arguments

• Most arguments in Japan are present in written form

According to Kiddler and Hostetler: the Amish cocoon is:

• The Supreme Court case that exempted Amish from school at 14

• Argued by outside group that fought on their behalf

According to Hamilton and Saunders, Japanese are more likely to suggest ________ consequences

Restorative

According to Hamilton and Saunders, in situations of high solidarity (victim and perpetrator know eachother well)

Japanese are less willing to punish

According to Hamilton and Saunders, in situations where one of the people has authority over the other

Japanese are more willing to punish → authority entails responsibility

According to Hamilton and Saunders, Americans believe the dominant function of prison is:

Incapacitation, retribution, general deterrence

According to Hamilton and Saunders, Japanese believe the dominant function of prison is:

Rehabilitation, specific deterrence, labeling, justice

According to Eric Olin Wright, which category of worker has authority assets that enable a higher wage for their labor?

Manager:
derived from representing owner
Can gain more salary than the people under them/ even if the people under them are more experienced
Because they represent the owner

According to Kidder, what represents the order that legal forms develop?

1. Simplest societies: Mediation only
   Third party helps out in disputes

2. Police force
   In addition to mediation

3. Lawyers
   In addition to above

The Moshav

• Private ownership

• Developed formal legal system

• Private ownership and more law

Kibbutz

• Collective ownership

• Small violation of norms leads to immediate sanctions

• Less law and fewer social systems

According to Kidder, poor people use less law because:

They have less private property= less need for law

According to Hamilton and Sanders, what consequence of wrongdoing is commonly advocated by Japanese but not Americans

Conflict resolution and apology restorative consequences

According to Eric Olin Wright, which category of worker has knowledge and skills protected by legal barriers that enable a higher wage for their labor?

• Expert

• Knowledge/skills protected by the law

According to Donald Black, who would be more likely to sue a plumber?

• Company president

• Bigger the social distance → more law

According to Donald Black, what pair would be most likely to compromise if a dispute arose?

• Two lower class people, co-workers

• Smaller the social distance → less law

According to Donald Black, which case would a judge be considered least authoritative

High status vs. high status

According to Donald Black, what would constitute the most serious crime?

• Upward deviance

• If someone does something to someone above them

• Employee to a manager/supervisor

According to Donald Black, a reason the US has more use of law than Canada could be:

More stratification (Inequality)

According to Memmi, racism is:

A legitimation of domination

According to Memmi, pure races:

Do not exist

According to Memmi, what the ways to combat racism?

• Participation in publication education addressed to society as a whole

• Reduction of fear

• Reduction of oppression

According to Tanovich, racialization is:

• Sorting people into races based off characteristics attributing to personality traits and behaviors

• How societies construct racism as real, different and unequal

According to Tanovich, racial profiling is:

Law enforcement subject individuals to heightened scrutiny based on race/ethnicity stereotypes

According to Tanovich, racial profiling creates inequality by:

Reducing privacy, security, control

According to Tanovich, one of the subjects of a High Risk Take Down complained because:

He believed it was motivated by a racial bias, a waste of time and unreasonable

According to Tanovich, racial profiling can be a violation of section 9 of the Charter, which protects:

The right to be free from arbitrary detention

According to Tanovich, systematic racism is:

Social production of racial inequality through racialization and in decisions about people and the treatment they recieve

According to Tanovich, can police stop a vehicle without a warrant?

Yes, as long as they have a valid reason to pull the vehicle over

According to Tanovich, how can we tell if a traffic stop is a pretext for an investigation not related to traffic safety?

• Nature of the questioning

• Nature of the officers work

• The alleged traffic infraction

Which of Turk’s forms of power is most related to formal social control?

Law and political power

According to Morton, political influences of judicial appointments

• Patronage

• Regional representation

• Ethnic/group representation

• Ideology

According to Morton, the oldest and best known political influence on judicial appointments is:

Patronage

According to Morton, regional representation in the SCC traditionally grants

• 3 judges from Ontario

• 1 judge from Maritimes

• 2 judges from the West

• 3 judges from Quebec

The Canadian Court Challenges program was initiated in 1977 to support legal cases in the area of:

• Quebec’s language law

• Groups who were challenging Bill 101

The Canadian Court Challenges program was cancelled in 1992 and 2006 because:

• Funding cuts

• Change in government

The Canadian Court Challenges program was partially reinstated under a new name in 2008 to support legal cases in the area of:

• Language rights program

• Funding restored

Groups using the courts to change policy were inspired by:

• NAACP

• Equality and rights

What is not a court from which either side may apply for leave to appeal to the SCC?

Provincial court

Which are appointed by the provincial government?

• Provincial court judges

• Provincial Tribunals

• Provincial courts: Criminal, civil, family, youth

Which are appointed by the federal governent?

• Federal court judges

• Federal courts: SCC, Federal court, court of appeal, federal tribunals

The prime minister of Canada earns

• Common Basic Sessional Indemnity: $178,900

• Salary: $178,900

• Car Allowance: $2000

According to Megarry, there are fewer candidates for judgeships in Great Britain than in Canada because:

• Must be a barrister

According to Megarry, judges in Great Britain are chosen from:

• Barristers

• Most judges have temporary appointments instead of training

According to Megarry, the designation Q.C. after a lawyers name signifies:

• Queen’s Counsel

• Means they are a senior barrister

Who is the Chief Justice of the SCC?

Richard Wagner

According to tradition, the next person named to be Chief Justice of SCC should be:

Rosalie Silberman Abella

What is LEAF?

The Women’s Legal Education and Action Fund

According to Galanter, repeat players have an advantage because:

• They have advanced knowledge, expertise and can develop informal relationships with institutional actors

According to Galanter, legal institutions advantage repeat players because

They favor the clients that have resources to initiate and maintain lawsuits

According to Galanter, what category of lawyers are likely to have the highest status?

• Corporate lawyer

• Commercial lawyer

• Prosecutors

• Repeat players

Which category of lawyer is likely to have the least loyalty to their client?

One Shotters (Not paid by client)

According to Massel, Russia wanted to empower Muslim women because:

Disrupt the kinship system

According to Massel, a secondary target of Soviet Russia in Central Asia was:

Young, unmarried men

According to Massel, the pursuit of sexual equality in Central Asia was to:

• Initiate divorce

• Inherit property

• Right to education and work

According to Massel, the USSR wanted to ______________ in Soviet controlled Central Asia

Use law to change the culture