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SOC 3730 (78)

January 10.docx

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University of Guelph
SOC 3730
Michelle Dumas

January 10, 2013 Courts and Society Forms of Law… - civil - administrative - criminal (the state) o summary offences (minor, misdemeanor)  court  decisions  sentences  up to 2 years in prison, minus 1 day (provincial prison)  probation o indictable offences (more serious)  absolute jurisdiction provincial (section 553)  absolute jurisdiction superior (section 469)  electable offences o hybrid offences (can be summary or indictable, i.e. possession of drugs and/or weapons – pros makes the decision as to what an offence is labeled) Legal Element of A Crime… - 3 components: - actus reus - mens rea - combination Other Elements of the Law… - specificity o what parts are illegal, and illegal is written in specific terms - uniformity o everyone is the same under the law - penal sanctions o penalties equal to the act Legal Process - argument - legal training - types of arguments o precondition, conclusion and rule o court Deductive Arguments - premise(s) and conclusion o premise A: all U of Guelph students are clever o premise B: Reilly is a U of Guelph student o therefore, Reilly is clever. - Is evidence A true? Is evidence B true? Inductive Arguments - premise(s) and conclusion - example: o Alana is clever and U of Guelph student o Kathleen is clever and U of Guelph student. o Matthew is clever and U of Guelph student. o Therefore: all of U of Guelph students are clever Abductive (sciences) - explanation - determining precondition: assume precondition explain postcondition o eg.  surprise fact  explanation  conclusion Evaluate Deductive - 1) validity o premises o example - 2) soundness - 3) fallacies Informal Fallacies 1. appeal to authority 2. appeal to force 3. appeal to ignorance a. logical fallacy: ad hominem Law - right and wrong o we are looking for legal guilt, not factual guilt – is he guilty of the charges laid
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