SOC 2167 Week 2: Jan 20
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This 1 page Class Notes was uploaded by -deleted-apierson on Saturday January 24, 2015. The Class Notes belongs to SOC 2167 at a university taught by Dr. Buntman in Fall. Since its upload, it has received 153 views.
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Date Created: 01/24/15
1202015 228 PM D quotWhat Happens to Lawquot Holzer by 1222015 Three branches and law the legislative makes the law the executive enforces the law and the judicial system interprets the law Usually when we talk about the legal system we focus pretty exclusively on the judicial system There are different types of law constitutional criminal and civil One thing we know about the Constitution is that it creates an architecture of government It tells us what goes where and why We can trace all government rituals back to the Constitution The Constitution also sets up a system of rights It focuses less on the rights the government owes us but focuses more on the limits of government It doesn t say you have a right to X or y it says we as the government may not infringe on the right to X or y t39s phrased in negative rights Civil law mostly deals with material disputes usually between citizens The goal of disputes is to find resolutions The kind of law we39re dealing with dictates how we define disputes and what kind of resolutions we look to Civil law includes divorce contracts suits n criminal law we look for punishment in our resolution In civil law we lookfor a remedy Administrative law military law FDA IRS Constitutional law criminal law and administrative law are all public types of law Civil is non public law Howwhy do cases go to court or go through court If something is clear cut it usually won39t go to court Trials deal with the facts of the case and the law An appeal is taken to an appellate court Appellate courts are usually not interested in the facts39 they39re interested in the law Appellate courts can affirm the lower court or have the case retried or overturn the decision In many voting rights cases organizations have rejected the way that states and counties have dealt with voting and that was challenged in the courts When it went to the appellate court the appellate court defines a term or a concept for clarification Then the appellate court can ask it to be retried with that clarification in mind An objection is a legal argument against the proceedings of a trial There is also a final appellate court the supreme court When different federal courts have different interpretations of the law that is one context under which the Supreme court will take up the case Sociology of Law Page 1
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