LAW 1101 Study Guide - Midterm Guide: Mirror Image, Substantive Law, Statutory Law

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student2481

12 Apr 2022

School

Baruch College

Department

Law

Course

LAW 1101

Professor

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Document Summary

What is law- set of rules that govern society, has consequences. 4 fundamental sources of law- constitutional, statute, administrative and common/case law. Constitutional law- derived from federal and state constitutions (hierarchy, u. s. /federal statutes are more powerful than states") U. s. constitution, federal law, state constitution, state law, local law. Administrative law- made by administrative agencies on federal and state/local levels. Fda, fcc, irs-have rule making powers of enforcement, investigation and adjudication. *leves of court- small claims/trial/special/criminal courts appellate courts highest court* common/case law- court decisions. Precedent- prior court decisions that build the common law. Can depart from precedent- if concluded that precedent is wrong and therefore overturned or technological/social changes that make precedent inapplicable. If there"s no precedent- look to cases of first impression persuasive authorities- look for issue in other jurisdictions (non-binding) *when writing, use irac* i- issue (key facts&issue) r- rule (rule of law) a- application (how does rule apply to facts) c- conclusions.

Related Questions

based on your additional research, should police departments employ predictive policing to reduce crime with limited resources? Be sure to carefully defend your response with reasons and consider an objection (which you respond to) before you conclude the argument.

My response: I agree that being a part of the white society is like the concept of invisible privilege that has a familiar simile in that it is analogous to an invisible weightless knapsack. This metaphor emphasizes that white privilege, even though it may not be immediately obvious, has considerable advantages and opportunities that may include a lot of benefits and freedom to life. White people benefit from the structures and institutions in which they live. In the same culture, they were trained to be oblivious to their benefits. The undeserved advantages that were created by white people made people of color feel as if they were being oppressed. It is a norm and dominating racial power to be white in this society. For instance, if a white person comes into a new neighborhood, they are fairly certain that the bulk of their neighbors are the same color as them. A person has no idea of the advantages they have until they put themselves in the shoes of other people of color. Peggy McIntosh said that white advantages don't originate from a fault in a single human or from a single individual using them. It is via an inherent fault in the system that white privilege is created. If we wish to effect systemic change, it must occur inside the system. Systems have a major impact on individual behavior in the social world. We may all do our part to hasten the end. McIntosh maintains that white people may see racism in a different way when something gives them an advantage over others, not because it benefits white people. Systemic oppressions have interactive and internalized characteristics. Teaching racism as an act rather than an overall system that advantages the dominant group makes it difficult for white people to see themselves as racists. Embedded systems can't be eliminated, the recognition of them is important. Change won't come from just being dissatisfied with the system. McIntosh's example offers many benefits for comprehending white privilege. There are many advantages to understanding white privilege as the McIntosh example demonstrates. While it is true that 'whiteness' is simply about skin color, the various definitions of race reveal that it is really much more than that. The fact that McIntosh refers to white advantage rather than non-white disadvantage when framing the discussion of race reinforces the overall idea that race should be seen in terms of advantage rather than disadvantage.

include

1. Introduction

-State thesis and summarize argument

-Define any key terms

2. Main Body

-Argument 1, Argument 2, Argument 3

3. Objection

-Response to objection

4. Conclusion

-Restate thesis/summarize your main arguments

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LAW 1101 Study Guide - Midterm Guide: Mirror Image, Substantive Law, Statutory Law

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