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Study Guide

CRM/LAW C144- Midterm Exam Guide - Comprehensive Notes for the exam ( 432 pages long!)


Department
Criminology, Law and Society
Course Code
CRM/LAW C144
Professor
Meeker
Study Guide
Midterm

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UC-Irvine
CRM/LAW C144
MIDTERM EXAM
STUDY GUIDE

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LECTURE 1
Tuesday, April 4, 2017
Topics that we will cover:
Legal definitions of crime, or actions or failures to act that constitute a crime
Major classifications of crimes
Situations that justify a crime
What actions under certain circumstances would constitute a crime or not
Three basic approaches to teaching a criminal law class:
California appeal code?
o Borig ad dated, sie it’s hagig all the tie
o A pratitioer’s approah
A sociological approach to crime and law
o More likely from the other CLS faculty
o Social functions of criminal law, order in society, cultural influences on criminal
law (which classes in society are the most influential in changing the law?),
criminal law in practice and enforcement vs. law in the books
o Political approach of legal realism
Manifests and legal functions of law?
Functionalism, conflict theories (origins with Marxist perspective), critical
legal perspective, labeling theory, symbolic interactive perspectives
o Systems theory, control theory (understands the organization as dealing with in-,
through-, and out-puts controlling the output)
The traditional doctrinal approach, the casebook method, the traditional law school
o The casebook method started by Christopher Columbus Langdell
Appointed the first dean of Harvard Law School in 1870, had major
impacts on legal education
Before, it was mostly faculty lectures and regurgitate law
o Standard law education was like a lecture
o Attorneys practice the law, lawyers have a law degree
Made it a post-bac degree
Introduced the Socratic method and three years of study
o Lagdell as highly iflueed y Dari’s Origins of Species, which popularized
the scientific method and inductive reasoning
In order to understand the law, you have to observe the primary sources
of the law, which are judicial opinions (primarily appellate, the highest,
opinions)
Not regurgitate, but understand how it developed and changed
legal opinions
Hence, the casebook
o (e.g.) the doctrine of mens rea (intent)
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a classic crime committed without intent
statutory rape (she is not of age)
o When he first introduced the concept of the Socratic method in teaching, the
students did not like it
You’re supposed to ko the la, ot us.
o This is particularly well-suited to studying Anglo-American law, or the common
law system, which has its origins in English history
US, Canada, Australia, India, etc.
Colonial ties to Great Britain, adopted those systems
Adversarial system in trials, where you have the best legal
representation you can afford
No comprehensive code
Judges base decisions on common law and precedents
Stare decisis - to abide by or adhere to precedent, decisive cases
Justified by previous decided cases
o Yet precedent can be overruled in rare exceptions
Beginnings in the conquest of the Saxons, Battle of Hastings 1066
Harold the Second lost the Battle of Hastings
o Previous battle, very far and men were exhausted (40+
miles a day for four days!)
Edward the Confessor died, who had claims to the throne?
William the Bastard (out of wedlock) knows that Harold is away at
battle, and he strikes with the Normans to claim the throne in
England
o William had cavalry and infantry for his shield wall and
Harold is tired
o Feint retreat of William, cavalry came in from the sides
and defeated Harold’s infantry which had broken rank to
take chase
Kig’s judge oes to the illage, ad a jury of  freee ifor
the judge of the common custom of the village
o In order to not force Norman law down the throats of the
Saxon village
o Judges rely more and more on recorded decisions as
common customs of the village became less clear
Common law:
Judges decide the case according to current laws or prior
decisions
o Only the principles necessary for determining the prior
cases are relevant
o Not proactive, but reactive the case comes to them and
they do’t hoose the ase
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