Sociology: Norms and Laws Overview
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Questions and Answers

Which of the following is a characteristic of a 'more'?

  • It is a custom that governs everyday behavior.
  • It is a rule that governs serious violations of the social code. (correct)
  • It is a formal body of rules enacted and enforced by a government.
  • It is a rule that is part of human nature and is found within the natural order.
  • What is the difference between 'folkways' and 'mores'?

  • Folkways relate to everyday behavior, while mores relate to morality. (correct)
  • Folkways are based on natural law, while mores are based on positive law.
  • Folkways are enforced by the government, while mores are not.
  • Folkways are formal rules, while mores are informal customs.
  • Which of the following is an example of a formal sanction?

  • A friend giving you a disapproving look for being late.
  • A parent grounding you for breaking curfew.
  • A teacher giving you a detention for disobeying a school rule. (correct)
  • A group of friends excluding you from a social event.
  • What is the key difference between 'natural law' and 'positive law'?

    <p>Natural law is based on human reason and intuition, while positive law is based on legislation. (A)</p> Signup and view all the answers

    Which of the following best defines 'common law'?

    <p>Law that originates from customs and usage. (A)</p> Signup and view all the answers

    What is the legal term that refers to the level of knowledge required to hold someone criminally liable?

    <p>Scienter (C)</p> Signup and view all the answers

    What are the two major restrictions that are placed against substantive criminal law?

    <p>The Due Process Clause and the 8th Amendment (D)</p> Signup and view all the answers

    Which of the following is NOT a type of possession in criminal law?

    <p>Inferred possession (C)</p> Signup and view all the answers

    What is the difference between intent and motive in criminal law?

    <p>Intent is required to convict, while Motive is not. (A)</p> Signup and view all the answers

    Which of the following is NOT a type of mental state in criminal law?

    <p>Premeditated intent (C)</p> Signup and view all the answers

    What is meant by 'mala in se' crimes?

    <p>Crimes that are considered wrong because they are inherently evil. (D)</p> Signup and view all the answers

    What is the literal translation of the Latin term 'stare decisis'?

    <p>To stand by things decided (A)</p> Signup and view all the answers

    Which of the following correctly identifies the three branches of government?

    <p>Legislative, Executive, and Judicial (C)</p> Signup and view all the answers

    Which type of criminal liability can be applied when an employer is held responsible for the actions of their employees?

    <p>Vicarious liability (D)</p> Signup and view all the answers

    Which of the following is NOT a source of criminal law?

    <p>Administrative regulations (C)</p> Signup and view all the answers

    What is the term used to describe a situation where a person intends to harm one person but accidentally harms another?

    <p>Transferred intent (A)</p> Signup and view all the answers

    What is a 'misdemeanor' in criminal law?

    <p>A less serious crime punishable by up to one year of incarceration. (A)</p> Signup and view all the answers

    What is the legal term for the criminal act itself?

    <p>Actus Reus (A)</p> Signup and view all the answers

    What does the term 'jurisdiction' refer to in criminal law?

    <p>The power of a court to exercise authority over a specific subject matter or person. (A)</p> Signup and view all the answers

    What is the difference between 'due process' and 'venue' in criminal law?

    <p>Due process refers to the fairness of legal proceedings, while venue refers to the geographic location where a trial should be held. (D)</p> Signup and view all the answers

    Which of the following describes the mental state of someone who acts recklessly?

    <p>They engage in activity that increases the risk of harm. (B)</p> Signup and view all the answers

    Which type of crime is considered wrong because there is a law against it?

    <p>Mala prohibita (B)</p> Signup and view all the answers

    Which of the following best describes the difference between 'mores' and 'folkways'?

    <p>Mores relate to morality and serious violations of social codes, while folkways govern everyday behavior. (A)</p> Signup and view all the answers

    What is the main distinction between 'natural law' and 'positive law'?

    <p>Natural law is based on human reason and intuition, while positive law is created by governments. (A)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of common law?

    <p>It is codified in written laws. (C)</p> Signup and view all the answers

    What is the definition of a crime in legal terms?

    <p>An act prohibited or an omission required by law. (B)</p> Signup and view all the answers

    Which of the following is NOT considered a type of criminal liability without fault?

    <p>Negligent Liability (B)</p> Signup and view all the answers

    Which of the following situations would be most likely to result in a formal sanction?

    <p>A driver speeding through a residential neighborhood. (C)</p> Signup and view all the answers

    Which type of law focuses primarily on regulating public offenses and crimes against the state?

    <p>Criminal law (A)</p> Signup and view all the answers

    What is the legal term for the mental state of a defendant at the time of the crime?

    <p>Mens Rea (C)</p> Signup and view all the answers

    What is the primary difference between 'intent' and 'motive' in criminal law?

    <p>Intent refers to the specific goal of an action, while motive refers to the underlying reason for the action. (B)</p> Signup and view all the answers

    Which of the following best exemplifies a norm?

    <p>Driving on the right side of the road. (D)</p> Signup and view all the answers

    Which of the following is a characteristic of a crime classified as 'mala in se'?

    <p>It is universally considered wrong, regardless of the law (A)</p> Signup and view all the answers

    Which of the following scenarios would MOST likely be governed by folkways?

    <p>A friend forgetting to say thank you after a gift. (B)</p> Signup and view all the answers

    Which of the following accurately describes the difference between 'intent' and 'motive' in criminal law?

    <p>Intent refers to the goal of the crime, while motive refers to the reason for the crime (A)</p> Signup and view all the answers

    Which of the following correctly identifies a type of possession where a person is aware of what they possess?

    <p>Knowing Possession (D)</p> Signup and view all the answers

    Which branch of government is responsible for interpreting the law?

    <p>Judicial Branch (A)</p> Signup and view all the answers

    Which of the following is NOT a modern crime classification?

    <p>Economic Crimes (C)</p> Signup and view all the answers

    Flashcards

    Norms

    Agreed upon expectations common in society.

    Mores

    Norms relating to morality, governing serious violations.

    Folkways

    Norms that govern everyday behavior and customs.

    Laws

    Formal rules enacted and enforced by the government.

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    Criminal law

    Regulations that define public offenses against the state.

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    Common Law

    Traditions and precedents that assist judges in legal decisions.

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    Tort

    A civil wrong for which a remedy may be obtained, usually damages.

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    Felony

    The most serious crimes, punishable by over one year of incarceration.

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    Misdemeanor

    A less serious crime punishable by up to one year of incarceration.

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    Actus Reus

    The criminal act or conduct in a crime.

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    Mens Rea

    A culpable mental state at the time of the crime.

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    Motive

    The reason why someone does something; not required to prove guilt.

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    General Intent

    The intent to commit the act required for the crime.

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    Transferred Intent

    When intent to harm one person causes harm to another.

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    Strict Liability

    Liability without fault, only proving the act suffices.

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    Double Jeopardy

    Prevents a person from being tried twice for the same offense.

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    Venue

    The geographic location where a trial is held.

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    Due Process

    Legal requirement that the state must respect all legal rights owed to a person.

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    Jurisdiction

    The authority of a court to hear a case based on subject matter or location.

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    Scienter

    Knowledge required to hold a person criminally liable.

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    Sanctions

    Consequences used to enforce norms in society.

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    Informal Sanctions

    Everyday reactions from the public for minor norm violations.

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    Formal Sanctions

    State-enforced consequences for serious norm violations.

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    Natural Law

    Conduct rules inherent in human nature and reason.

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    Positive Law

    Laws created and enforced by government authorities.

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    Definition of a Crime

    An act forbidden or a duty required by law.

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    Criminal Offenses

    Acts defined as crimes against the public or state.

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    Mores vs Folkways

    Mores govern serious behavior; Folkways govern customs.

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    Social Norms

    Agreed-upon rules and expectations within society.

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    Substantive Criminal Law

    Defines crimes and specifies punishments for them.

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    Procedural Criminal Law

    Defines the processes used in criminal investigations and adjudications.

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    Infraction

    A violation of a local ordinance or state statute punishable by a fine.

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    Mala in Se

    Acts that are considered wrong in themselves by convention.

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    Mala Prohibita

    Acts that are wrong because there is a law against them.

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    Stare Decisis

    The legal principle of adhering to precedent in judicial decisions.

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    Four Mental States

    Different levels of intent in committing crimes: purposely, knowingly, recklessly, negligently.

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    Vicarious Liability

    Employers are responsible for the actions of their employees.

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    Constructive Possession

    Control over property without physical custody; awareness is key.

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    Due Process Clause

    Ensures no one is deprived of life, liberty, or property without legal proceedings.

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    Study Notes

    Norms, Mores, Folkways, and Laws

    • Norms: Agreed-upon expectations, common and basic within a society; foundational to social interaction.
    • Mores: Norms related to morality; govern serious violations of societal codes.
    • Folkways: Norms governing everyday behavior; customs; less severe than mores.
    • Laws: Formal rules enacted and enforced by government; define and specify offenses.

    Types of Sanctions

    • Informal sanctions: Everyday punishments for minor norm violations, used by most people.
    • Formal sanctions: Government action for serious norm violations; when individuals cannot handle the situation themselves.

    Criminal Law

    • Criminal law: Regulations defining and specifying offenses public in nature and crimes against the state.
    • Crime: An act prohibited or an omission required by law.

    Types of Law

    • Natural law: Conduct inherent in human nature, based on reason, intuition, inspiration.
    • Positive law: Legislated and enforced by government.
    • Common law: Law derived from customs, traditions, precedents; assists judges in legal decisions.
    • Tort: Civil wrong allowing damages as a remedy.

    Criminal Law Classifications

    • Substantive criminal law: Defines crimes and specifies punishments.
    • Procedural criminal law: Outlines investigation, adjudication processes.
    • Felony: Serious crime, punishable by death or a year or more in prison.
    • Misdemeanor: Less serious crimes, punishable by up to a year in prison.
    • Infraction: Violation of local ordinance or state statute, punishable by a fine.

    Criminal Law Categories

    • Mala in se: Acts inherently wrong, by convention and tradition.
    • Mala prohibita: Acts wrong due to laws against them.

    Modern Crime Classifications

    • Crimes against persons
    • Crimes against property
    • Public order offenses
    • Moral offenses

    Sources of Criminal Law

    • Constitutions
    • Statutes
    • Court decisions
    • Administrative regulations
    • Stare decisis: "To stand by things decided," adherence to precedents.
    • Rule of law: No person above the law; law enforcers must respect the law.
    • Jurisdiction: Authority of a government entity (e.g., court) over subject or area.

    Branches of Government

    • Legislative: Creates laws.
    • Executive: Enforces laws.
    • Judicial: Interprets laws.

    Essential Elements of Crimes

    • Actus reus: The criminal act (defendant's conduct or results).
    • Mens rea: Culpable mental state (defendant's intent) at the time of the crime.

    Motive vs. Intent

    • Intent: Mental state to perform the act, different from motive.
    • Motive: Reason for committing a crime; not a crime element.

    Mental States

    • General intent: Intent to commit the act required for the crime.
    • Specific intent: Intent to cause a particular result.
    • Constructive intent: Actions creating high risk of harm, even without intending harm.
    • Transferred intent: Intending harm to one, but harming another.

    Knowledge and Possession

    • Scienter: Knowledge level for criminal liability.
    • Knowing possession: Awareness of contents.
    • Mere possession: Potential awareness of contents.
    • Actual possession: Direct physical control.
    • Constructive possession: Ability to control, not direct physical control.

    Liability Without Fault

    • Strict liability: Proof of act sufficient for liability (e.g., product liability).
    • Vicarious liability: Employer responsible for employee actions.
    • Enterprise liability: Corporations criminally liable for corporate crimes.

    States of Mind

    • Purposely: Desire for a specific outcome.
    • Knowingly: Aware the outcome will likely occur.
    • Recklessly: Actions increasing risk of harm.
    • Negligently: Failure to perceive substantial risks.

    Restrictions on Criminal Law

    • Due process clause: 5th and 14th amendments; no deprivation of life, liberty, or property without due process (federal and state).
    • 8th amendment: Prohibition against cruel and unusual punishment

    Criminal Law Legality

    • Vague statute: Meaning unclear, preventing reasonable interpretation.
    • Jurisdiction: Court's power over subject matter or person.
    • Venue: Geographic location for trial.
    • Legality principle: Prevents punishment for lawful actions; requires advance notice of criminal conduct; prohibits "bills of attainder."
    • Double jeopardy: Restrictions against double punishment for same offense.

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    Description

    This quiz covers the fundamental concepts of norms, mores, folkways, and laws within society. Additionally, it explores types of sanctions and various classifications of law, including natural, positive, and common law. Test your understanding of these essential sociological principles.

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