Key Topics and Definitions PDF
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This document provides key definitions and topics in a variety of legal subjects. It covers the oppression of minority groups, landmark legal cases, and the meaning of crime, among other concepts. It's suitable for legal studies and social science students.
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Key Topics and Definitions 1. Oppression of Minority Groups through Legislation: ○ Segregation laws: Enforced racial separation in public spaces. ○ Assimilation of minority groups: The process of integrating minority groups into the dominant culture, often throu...
Key Topics and Definitions 1. Oppression of Minority Groups through Legislation: ○ Segregation laws: Enforced racial separation in public spaces. ○ Assimilation of minority groups: The process of integrating minority groups into the dominant culture, often through legal and societal pressures. 2. Brown v. Board of Education (1954): ○ Landmark case that desegregated public schools. ○ Overturned "separate but equal" doctrine from Plessy v. Ferguson. 3. Civil Rights Act (1964): ○ Prohibited discrimination based on race, color, religion, sex, or national origin. 4. Common Law: ○ Definition: Judge-made laws based on precedent. ○ Origin: Britain. ○ Common Law Nations: Canada, New Zealand. 5. Civil Law Tradition: ○ Definition: A coded type of legal system. ○ Example: Code of Hammurabi. ○ Civil Law Nations: France, Germany. 6. Chinese Socialist Law: ○ Characteristics: Inquisitorial legal system, adversarial elements. 7. Meaning of Crime: ○ Mala in se: Crimes evil by nature (e.g., murder). ○ Mala prohibita: Crimes that are prohibited by law. 8. Limitations on Criminal Law: ○ 5 Elements of Criminal Liability: 1. Harm 2. Concurrence 3. Actus reus (criminal act) 4. Mens rea (criminal intent) 5. Causation 9. Crime Control vs. Due Process Models: ○ Crime Control: Focus on justice for society. ○ Due Process: Focus on justice for the offender. 10. Exigent Circumstance: ○ Exception to the warrant requirement when immediate action is necessary. 11. Mapp v. Ohio: ○ Supreme Court case applying exclusionary rule to states. 12. Criminal Procedure: ○ Rules on government operations during arrests and investigations. 13. Standard of Proof: ○ Civil Case: Preponderance of evidence. ○ Criminal Case: Beyond a reasonable doubt. 14. Tort Reform: ○ Changes to reduce litigation or damages in civil lawsuits. 15. Tort Law: ○ Deals with civil wrongs (e.g., negligence). 16. Contract Law: ○ Requires an agreement between two parties. 17. 19th Amendment (1920): ○ Granted women the right to vote. 18. Patriarchy: ○ System where men hold power over women. 19. Types of Justice: ○ Distributive Justice: Fair allocation of resources. ○ Retributive Justice: Focus on punishment. ○ Restorative Justice: Victim-centered, aims to repair harm. 20. Social Change: ○ Inevitability of societal evolution. ○ Resistance to change: Profit, comfort, fear of discomfort. 21. Administrative Law: ○ Falls under civil law; governs regulatory agencies. 22. Juvenile Courts: ○ First Established: Chicago, Illinois (1899). ○ Focus: Rehabilitation over punishment. 23. Philosophies of Punishment: ○ Examples include deterrence, rehabilitation, retribution, and incapacitation. 24. Plea Bargaining: ○ Agreement between defendant and prosecutor for a lesser charge in exchange for a guilty plea. 25. Vice Crimes: ○ Examples: Prostitution, gambling, drug use. 26. Prohibition Era: ○ Led to increased criminality and gang activities. 27. Age of Consent: ○ Legal age at which individuals can consent to sexual activities; varies by jurisdiction. 28. 2nd Amendment: ○ Right to keep and bear arms. 29. Feminist Jurisprudence: ○ Examines the law from a female perspective. 30. Juvenile Delinquency Treatment: ○ Best approach: Providing a stable, supportive upbringing. 31. Socialization Process: ○ Begins with the family, influencing norms and values.