Whatever Happened to Justice Ch 31
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Questions and Answers

What is the public perception of lawyers according to the content?

  • They are viewed with ridicule and sometimes hatred. (correct)
  • They are more respected than ever.
  • They hold a position of high trust in society.
  • They are seen as essential to legal clarity.

What does Judge Clarence Thomas believe in, as mentioned in the letter?

  • Positive Law
  • Common Law
  • Marxist Legal Theory
  • Natural Law (correct)

According to Charles Meachling, Jr., what has happened to the understanding of law in the U.S.?

  • It is now solely based on public opinion.
  • It has eliminated the need for lawyers.
  • It has been corrupted and become complex. (correct)
  • It has become increasingly simple and straightforward.

What issue does Meachling raise about the legal system regarding the criminal code?

<p>The sheer volume of laws makes enforcement arbitrary. (C)</p> Signup and view all the answers

What risk is highlighted regarding citizens and the criminal code?

<p>Many citizens may unknowingly commit felonies. (B)</p> Signup and view all the answers

Which phrase reflects a significant challenge in understanding the law as posed by Meachling?

<p>Citizens must retain lawyers to understand the law's nuances. (D)</p> Signup and view all the answers

What does the content imply about the role of lawyers in relation to legal corruption?

<p>Lawyers are attempting to address the issues of corruption within the legal system. (C)</p> Signup and view all the answers

How is the notion 'Ignorance of the law is no excuse' characterized in the content?

<p>It is considered outdated and misleading. (B)</p> Signup and view all the answers

What is the burden placed on the taxpayer regarding legal matters?

<p>Proving their innocence (B)</p> Signup and view all the answers

How does Judge Alex Kozinski describe the current state of laws and legal enforcement?

<p>Utterly arbitrary and subjective (C)</p> Signup and view all the answers

What strategy do legislators reportedly use when creating laws?

<p>Purposely making laws vague for broader enforcement (C)</p> Signup and view all the answers

What metaphor does Justice Frankfurter use to illustrate the confusion surrounding new legislation?

<p>A cartoon of a clueless senator (C)</p> Signup and view all the answers

What is one of the major concerns expressed by Vice President Daniel Quayle regarding American law?

<p>The economic impact of numerous lawsuits (D)</p> Signup and view all the answers

What is the implication of Judge Kozinski's comments on the clarity of laws?

<p>It confuses both the public and legal professionals (D)</p> Signup and view all the answers

Which significant trend in the legal system is highlighted in the passage?

<p>The expansion of vague laws for law enforcement (C)</p> Signup and view all the answers

Flashcards

Corruption of the law

A situation where laws and legal processes are being misused or abused for unfair or illegal purposes.

Ignorance of the law is no excuse

The principle that one cannot escape legal responsibility due to ignorance of the law.

Five-foot shelf of criminal code

An overwhelming amount of laws and regulations making it extremely difficult for citizens to understand.

Parse legislative history

The act of interpreting a law by analyzing its history and how it's been applied in courts.

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Discretionary power in prosecution

The power of authorities to decide which cases to prosecute, potentially leading to unfair treatment.

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Retain a lawyer

The ability of lawyers to analyze complex legal issues and guide clients.

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Criminalizing social and economic activity

Making activities that were previously legal now subject to criminal penalties.

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Arbitrary enforcement

A situation where the enforcement of the law is unpredictable and inconsistent, depending on who is targeted.

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Burden of Proof

The responsibility is on the individual accused of a crime to demonstrate their innocence, rather than the accuser having to prove their guilt.

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Subjectification of Law

A legal principle where laws are intentionally written with unclear language, allowing for broad interpretation and application.

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Vague Laws

The practice of creating intentionally unclear or complex laws to expand the power of those in charge of enforcing them.

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Objective Law

The idea that the law should consist of clear and objective rules, rather than being open to subjective interpretations.

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Legal Chaos

A situation where laws are so numerous and complex that it becomes difficult for individuals to understand their legal obligations.

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Overlawyered Society

The belief that the US has an excessive number of lawyers and legal proceedings, potentially hindering economic productivity.

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Study Notes

Declining Respect for Lawyers and Judges

  • Public perception of lawyers and judges is declining, with increasing ridicule and sometimes hatred
  • This decline is linked to perceived corruption within the legal system itself
  • Public frustration is directed at lawyers as a direct consequence
  • Numerous lawyers are actively trying to address this legal corruption, but their efforts often go unnoticed

Corruption of the Law

  • The complexity of US law has increased significantly, encompassing a vast and detailed criminal code, with many offenses previously unheard of
  • The sheer volume of legal statutes makes it nearly impossible for ordinary citizens to understand or comply with them
  • Citizens must rely on lawyers to interpret complex laws
  • The discretionary power given to law enforcement in choosing targets makes the enforcement process arbitrary

Subjectification of the Law

  • The objective application of the law is no longer a priority, having been supplanted by subjective interpretations
  • Legislatures intentionally create vague laws to give more power to law enforcement agencies
  • This vagueness creates a situation where it is difficult to discern what constitutes a legal violation
  • The US legal system is criticized for the excessive number of lawyers (70% of the world's lawyers, according to Vice President Dan Quayle)
  • The enormous volume of lawsuits (18 million annually) is a significant concern for the US economy

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Description

This quiz explores the declining public perception of lawyers and judges, fueled by perceived corruption and complexity within the legal system. It examines the implications for legal professionals and the challenges they face in addressing these issues. Understand how the public's frustration is shaping the legal landscape.

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