LGST 10 Study Guide - Midterm Guide: Habeas Corpus, Motor Vehicle Theft, Arson
Document Summary
Textbook says law = method of order in society, set of standards etc. Positive law: according to culture and society. Natural law: universal set of morals and standards. Six social institutions: family, education, religion, economic, community, law. Consensus view- society is good and equal for all people. Conflict view: society is unjust and unfair. Legal realism: define law by actual results of actual actions taken in the legal system. Mala in se: bad in itself- universally bad; rape, murder, adultery. Mala prohibita: made wrong by positive law, socially taboo; gambling, porn. Incorporation doctrine: due process in federal courts also need to be provided in state courts. Common law: courts created precedents that are binding(stare decisis) Precedents are only statements that are required as basis for courts decision. Judicial review: justice system settles decision on constitutionality; sc is ultimate authority. Strict scrutiny: history of discrimination leads to tougher standards. Sovereign immunity: government cannot be sued unless it agrees to be sued.
