Research & Society Test 2 Review

Civil Law System

Rooted in Roman Law. It is code-based and uses an inquisitorial judging style (judge actively leads the investigation)

Common Law System

Rooted in the British Empire. It is judge-made law through case-by-case adjudication and operates under an adversarial system (litigants make arguments).

Stare Decisis

The legal principle that requires courts to adhere to previous rulings or precedents when making decisions in similar cases.

Judicial Review

The power of federal courts to "say what the law is" and decide if a law is constitutional.

William Blackstone

]His Commentaries on the Laws of England served as the systematic analysis used as the backstop and gap-filler in the U.S. legal system

Case Method (Langdell)

Legal education model designed to teach students to reason as a common law judge and learn abstract principles of law by analyzing selected cases

Textualism

Focuses only on what the words of the law mean and say

Originalism

What did the law mean at the time it was generated? Focuses on both text and context at the moment of creation

Living Constitutionalism

The interpretation must adapt and change because society has changed. Meaning is never fixed

Law Office History

Critique that lawyers and judges use selective evidence to support a desired legal outcome

Legal Pluralism (L&S)

The idea that legal authority and rules exist in multiple, competing normative frameworks outside the official state

Dispute Pyramid

Model showing that formal court filings are a tiny fraction of total possible conflicts, with most attrition occurring early

Naming

Turning an event that seems harmless or goes unnoticed into one that is seen or felt as harmful. (MOST CRITICAL STAGE)

Blaming

Attributing the injury/problem (PIE) to the fault of another. This converts the problem into a Grievance (The injured party must feel wronged and believe the problem is remediable)

Claiming

Voicing the grievance to the responsible party and asking for a remedy

Dispute Transformation Complete

Occurs ONLY after the claimed party explicitly or implicitly denies the claim (Denial transforms the personal complaint into a formal dispute)

Inhibitor: Power Asymmetry

Fear of retaliation from a powerful opponent (e.g., staff, employer)

Repeat Player (RP)

The "Haves." Typically large units (e.g., insurance co., corporations) with low stakes in any single case, and superior resources

One-Shotter (OS)

The "Have-Nots." Typically individuals with high stakes relative to their worth

Institutional Overload

]Chronic condition of insufficient court resources that causes delay and raises costs

Shanghai Courts (He & Su)

Found that government-related firms had an overwhelming win rate (≥85%)

J. Willard Hurst

Pioneered legal history by focusing on how law led to the "release of energy" (economic development) and expanded the "law box" to include local laws and courts.

Laura F. Edwards

Emphasizes Legal Pluralism: law flourishes in contexts beyond state institutions (city streets, local courts), making it accessible despite formal exclusion (e.g., married women).

Hendrik Hartog

Demonstrated Legal Pluralism by showing the gap between the formal ban on pigs (Law as Text) and the practice of pig-keeping (Law as Episode), where local custom persisted despite the formal rule.