Exam 17: Law and the Courts

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The prominent example of religious law in your text is ___________.

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Sharia

In recent decades, European countries that use code law:

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D

Critical Thinking We often assume many notions about law and legal systems. In the end, legal systems are systems of social control - an elaborated system for managing the behavior of citizens. While we are quick to focus on principles and justice and protections, we seldom devote much thinking to efficiency of a legal system. With the expansion of legal prescriptions for our behavior, especially in political systems touting "freedom," it may be useful to think about how a complex, modern legal system could be made more efficient. As a point of departure, think about the ways in which people might be encouraged to constrain their own behavior rather than having government be the primary enforcer.

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One way to encourage individuals to constrain their own behavior is through education and awareness. By promoting a better understanding of the laws and the reasons behind them, individuals may be more inclined to voluntarily comply with legal requirements. Additionally, promoting a culture of personal responsibility and accountability can also lead to individuals taking more ownership of their actions and making more conscious choices.

Another approach could be to incentivize compliance through rewards and recognition for those who consistently adhere to the law. This could create a positive reinforcement for lawful behavior and encourage others to follow suit. On the other hand, there could also be consequences for repeated violations, creating a deterrent for non-compliance.

Furthermore, utilizing technology and data-driven approaches can also contribute to the efficiency of a legal system. By implementing systems that streamline processes, reduce bureaucracy, and improve access to legal resources, the overall effectiveness of the legal system can be enhanced.

Ultimately, by shifting the focus from solely relying on government enforcement to a more balanced approach that includes individual responsibility, incentives, and technological advancements, a complex, modern legal system can be made more efficient. This can lead to a more harmonious and compliant society while also reducing the burden on the legal system itself.

Chinese law today is shaped by Confucian tradition and the political self-interest of the state's leaders.

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Shia and Sunni Islamic sects find that Sharia is one realm of public behavior on which they agree completely.

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Your text suggests that the flexibility of Western systems is one important reason that many parts of the world find this type of legal system unworkable.

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When cases serve as precedents for future rulings, the legal system is called _____________.

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By Durkheim's reasoning, society would naturally dismember itself were it not for law which serves as the glue to hold systems together and establishes a commonness he calls mechanical solidarity.

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Sharia stems from tenets of this religion:

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More case-law systems have morphed into code-law systems than code-law systems have morphed into case-law systems.

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How do criminal law, civil law, and constitutional law differ from each other?

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Anglo-Saxon case law:

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If one system has many more laws than the other, is the public in the second one more "free?"

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When a detailed inventory of rules is produced by and interpreted by government, the legal system is called ____________________.

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The type of law that regulates relations between people is called ________________.

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Which of the following is NOT regulated by civil law?

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Some large countries with predominantly Moslem populations have Western-style legal systems but use Sharia for establishing family and marriage legal prescriptions.

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The European Court of Justice is a critical element in establishing the integrity of the European Union by establishing the sovereignty of the EU in disputes involving various parties in the new macro-state.

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The Supreme Court of the United States:

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What is judicial review and why is it such an important power?

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