Legislation and Minority Rights Quiz

Legislation and Minority Group Oppression

• Segregation Laws: Legally enforced racial separation in public spaces.
• Assimilation: The process of integrating minorities into the dominant culture, often through legal and social pressure.
• Brown v. Board of Education (1954): Supreme Court case that ended racial segregation in public schools, overturning the "separate but equal" precedent.
• Civil Rights Act (1964): Legislation prohibiting discrimination based on race, color, religion, sex, or national origin.

Legal Systems and Traditions

• Common Law: Judge-made laws based on precedent, originating in Britain; examples include Canada and New Zealand.
• Civil Law: Coded legal system; examples include the Code of Hammurabi, and France and Germany as examples of civil law nations.
• Chinese Socialist Law: Inquisitorial legal system with some adversarial elements.

Criminal Law Concepts

• Mala in se: Crimes inherently wrong (e.g., murder).
• Mala prohibita: Crimes prohibited by law, but not inherently wrong (e.g., traffic violations).
• 5 Elements of Criminal Liability:
• Harm: A legally recognized injury.
• Concurrence: Criminal act and criminal intent occurring together.
• Actus reus (criminal act): The guilty act.
• Mens rea (criminal intent): The guilty mind; the intent to commit the crime.
• Causation: A link between the act and the harm.
• Crime Control vs. Due Process Models:
• Crime Control: Prioritizes social order and punishment of offenders.
• Due Process: Emphasizes individual rights and fairness in the justice system.
• Exigent Circumstances: Exceptions to warrant requirements when immediate action is necessary.
• Mapp v. Ohio: Supreme Court case applying the exclusionary rule to state courts; evidence obtained illegally cannot be used in court.

Criminal Procedure and Standards of Proof

• Criminal Procedure: Government actions during arrests and investigations, following legal rules.
• Civil Case Standard of Proof: Preponderance of evidence (more likely than not).
• Criminal Case Standard of Proof: Beyond a reasonable doubt.

Other Legal Areas

• Tort Reform: Changes to civil lawsuits designed to reduce litigation or damages awarded.
• Tort Law: Addresses civil wrongs like negligence.
• Contract Law: Legal agreements between two or more parties.
• 19th Amendment (1920): Granted women the right to vote.
• Patriarchy: A social system where men hold the majority of power.

Types of Justice

• Distributive Justice: Fair allocation of resources.
• Retributive Justice: Focuses on punishment for offenders.
• Restorative Justice: Victim-centered justice; aims to repair harm.

Social Change and Resistance

• Inevitability of Social Evolution: Social change is bound to happen.
• Resistance to Change: Driven by profit, comfort, and fear of the unknown.

Administrative and Juvenile Courts

• Administrative Law: A branch of civil law that oversees regulatory agencies.
• Juvenile Courts (Established 1899, Chicago): Focus on rehabilitation over punishment.

Philosophy of Punishment

• Philosophies of Punishment: Includes concepts like deterrence, rehabilitation, retribution, and incapacitation.

Criminal Justice Practices

• Plea Bargaining: Defendant agrees to plead guilty to a lesser charge, in exchange for a lighter sentence.
• Vice Crimes: Examples include prostitution, gambling, and drug use.
• Prohibition Era: Increased crime and organized crime, due to prohibition of alcohol

Other Key Concepts

• Age of Consent: Legal age for consenting to sexual activities. (varies by jurisdiction)
• 2nd Amendment: Right to bear arms.
• Feminist Jurisprudence: Examining laws from a woman's perspective.
• Juvenile Delinquency Treatment: Focusing on stable, supportive upbringing and environments.
• Socialization Process: Learning societal norms from families and communities.