POL 1090 Final Study Guide PDF

POL 1090 Final study guide Study online at https://quizlet.com/_g7hue3 1. Tort Law The body of civil law associated with harm caused to plaintiffs by the action or inaction of defendants. 2. Two party re- There must be two parties to a contract...

POL 1090 Final study guide Study online at https://quizlet.com/_g7hue3 1. Tort Law The body of civil law associated with harm caused to plaintiffs by the action or inaction of defendants. 2. Two party re- There must be two parties to a contract. quirement (ele- ment of contract) 3. Legal capacity Only the person whom the law recognizes as capable of requirement (ele- being a party to a contract may sign. ment of contract) 4. Assent require- Both parties to a contract must agree to the terms of the ment (element of contract and must indicate this assent. contract) 5. Legality Require- The contract's purpose must be lawful and not violate any ment (element of applicable laws. contract) 6. Breach of con- When the terms of a contract are not met. tract 7. Elements of a Two party requirement, legal capacity requirement, assent Contract requirement, legality requirement 8. Administrative A body of law (also known as regulatory law) created by Law administrative agencies under the powers granted to them by Congress. 9. Easement A limited right to use another's real property for a specific purpose and time period. 10. Bailment The temporary transfer of possession of personal property to another for a particular purpose. 11. Negligence A failure to act with the appropriate level of care. 12. Ordinary care The degree of care expected from the reasonable person. The level of care required to avoid committing a negligent act and being civilly liable in tort law. 1/5  POL 1090 Final study guide Study online at https://quizlet.com/_g7hue3 13. Contract law (cat- A form of civil law governing the conduct of business, egory of civil law) which deals with the enforceability of private agreements between individuals and between organizations. 14. Property law (cat- The body of civil law dealing with the right of ownership egory of civil law) or possession of an item, which may be real, personal, or intangible. 15. Family law (cate- The set of laws involving marriage, child custody, and gory of civil law) other issues arising in personal relationships. 16. Retribution A philosophy of punishment exemplified by the 'eye for an eye' concept; punishment must match the degree of harm inflicted on the victim. 17. Incapacitation A philosophy of punishment justified by the inability of in- carcerated criminals to victimize people outside the prison walls. 18. Rehabilitation A philosophy of punishment that seeks to restore crimi- nals to constructive activity through treatment programs designed to change thinking patterns. 19. Reintegration A philosophy of punishment based on concrete program- ming, such as job training and education, designed to prepare criminals to reenter the free community as well equipped as possible to avoid committing future crimes. 20. Environmental A body of law encompassing aspects of law that focus Law on protecting the natural environment, human health, and natural resources. 21. Res judicata Civil law analogue of the prohibition against double jeop- ardy. Once a case has been through all possible appeals, it is decided forever. 22. Punitive Dam- Monetary awards beyond compensation that are designed ages to punish the defendant and to deter others. 2/5  POL 1090 Final study guide Study online at https://quizlet.com/_g7hue3 23. Compensatory Known as actual damages, these are intended to restore Damages the plaintiff to the condition they were in before an injury or damages. 24. Status offenses Noncriminal offenses such as truancy and ungovernable that apply only to individuals whose status is that of a juvenile. 25. Juveniles Relating to young people, under the age of 18. 26. Restorative jus- An approach to criminal justice aiming to repair the harm tice done with an agreeable restorative solution. 27. Ohio courts Trial courts with limited jurisdiction, trial courts with gen- eral jurisdiction, appellate courts, and the state supreme court. 28. Writ of Man- A court order compelling a public official to do their duty. damus 29. General deter- The supposed preventive effect of punishment on those rence who have witnessed it but not experienced it. 30. Specific Deter- The supposed preventative effect of imposed punishment rence on the future behavior of the person punished. 31. Social control Any action that influences conduct toward conformity, whether or not the persons being influenced are aware of the process. 32. Vice crimes Any consensual act that offends the moral standards of the community that has defined the act as worthy of con- demnation and legal control. Ex. Prostitution, gambling. 33. Compelling gov- a legal test to determine the constitutional validity of a ernment interest law. Under this test, the government's interest is balanced against the individual's constitutional right to be free of the law in question. 34. The first 10 Amendments to the US Constitution. 3/5  POL 1090 Final study guide Study online at https://quizlet.com/_g7hue3 Bill of rights (re- striction on gov.) 35. Due Process (re- A constitutional principle holding that in addition to proce- striction on gov.) dural rights, the law must protect substantive rights, such as the right to possess or to say or do certain things. 36. Judicial Review The power of the courts to examine a law to determine (restriction on whether it is constitutional. gov.) 37. Distributive jus- The form of justice concerned with how a political entity tice (type of jus- such as a nation distributes its resources. tice) 38. Social justice A type of justice that basically demands economic equality (type of justice) in addition to legal and political equality. 39. Environmental The fair treatment and meaningful involvement of all peo- justice (type of ple, with respect to the development, implementation, and justice) enforcement of environmental laws, regulations, and poli- cies. 40. Social change Any relatively enduring alteration in social relationships, behavior patterns, values, norms, and attitudes occurring over time. 41. Dynamic view of A view of the US Supreme Court maintaining that it can be SCOTUS more effective than other government branches in bringing about social change because it is free of election concerns and can act in the face of public opposition. 42. Constrained view A view of the US Supreme Court that maintains it can of SCOTUS rarely produce significant social change because its prac- tical powers are limited. 43. Legitimacy of The ability to command compliance with rules despite the SCOTUS lack of objective means to compel it. 44. 4/5  POL 1090 Final study guide Study online at https://quizlet.com/_g7hue3 Traditional au- A type of authority that rests on long-standing usage and thority custom. 45. Charismatic au- A type of authority underlain by mythical, quasi-supernat- thority ural qualities. 46. Rational-legal A form of authority derived from rules rationally and legally authority enacted. 47. Strict Construc- A philosophy maintaining that judges must seek to discov- tionism er and adhere to the 'original intent' of the Framers of the US Constitution when making decisions. 48. Living Document The constitution is a document that evolves over time along with societal morals and beliefs. 49. Judicial activism Accusation made against judges, when it is believed they have decided a case based on principles other than con- stitutional ones. 50. Basic features of Written, respects precedent, adversarial, uses juries, uses Common Law judicial review. 51. Basic features of Written, precedent not officially recognized, inquisitorial Civil Law rather than adversarial, little use of juries, judicial review used sparingly. 52. Basic features of Written, inquisitive and adversarial, no precedent, no ju- Islamic Law ries, judicial review only in limited cases. 53. "On Liberty" An essay published in 1859 by the English philosopher John Stuart Mill. It applied Mill's ethical system of utilitari- anism to society and state. 5/5