Q2. As big-brained primates, we are constantly evaluating things. What are the three basic frameworks of evaluation? (Hint: the phrase The Good, the True, and the Beautiful is relevant here.)

Q4.What are the key differences between the consensus perspective and the conflict perspectives on law? How is critical race theory similar to feminist legal theory?

Q6.How does Max Weber define "law" and what are some criticisms of his definition of law?

Q7.Legal Realism as a strategy for studying the law what does it entail? Who is considered one of the founders of the legal realism movement?

Q8.Whats the difference between substantive laws and procedural laws? Whats the difference between a statute and common (or case) law?

Q9.Compare criminal law cases versus civil law cases in terms of (1) who initiates cases, (2) what are the different standards of proof, and (3) who has the right to appeal an adverse decision? (see class lecture and related overhead on Main Bodies of Law as well as Table 7.1 in Walsh and Hemmons reading)

Q10.What are the elements of criminal liability? In other words, what does a prosecutor need to demonstrate when trying to prove someones guilt beyond a reasonable doubt?

Q11.What is mens rea, and what are the four levels of mens rea (according to the Model Penal Code)?

Q12.How does the Model Penal Code distinguish between a lawful killing and an unlawful killing? Relatedly, what are the three forms of criminal homicide specified in the Model Penal Code?

Q13.Plea-bargaining -- how often is it done in criminal cases, why is it done, and what form of social control does it represent?

Q15.Define the legal terms of habeas corpus, respondeat superior, mens rea, res ipsa loquitur, and stare decisis.

Q16.Identify two criticisms of the doctrine of stare decisis (i.e., the emphasis placed on legal precedent when deciding future cases).

Q17.What are the three elements plaintiffs must prove to establish that "negligence" occurred?

Q19.Briefly explain what it means to say that administrative law is ubiquitous in our daily lives. Illustrate with examples from the overhead (see course packet of overheads) or from the second reading by Walsh and Hemmons (see pp. 182-184).

Q21.Beginning on p. 8 of Robert Agnew's reading on juvenile delinquency, there is a section on how juvenile court differs from adult court. Be familiar with the differences outlined in this section. In addition, what does Robert Agnew mean by "the invention of juvenile delinquency" and specifically what role did urban slums and "child savers" play in this invention?

Q22.What does Donald Black mean when he says that some people feel morally obligated to commit crime? Relatedly, what is the difference between instrumental (or predatory) offenses versus expressive (or moralistic) offenses, and which is seemingly harder to deter by legal threats of punishment?

Q23.Violence (e.g., physical assault, murder), shaming, gossip, persuasion, supernaturalism (praying for the defeat of your enemies, for example), toleration (or "lumping it"), avoidance, psychiatric therapy, lynching, warfare, terrorism, filing a lawsuit, calling the police, the death penalty: What do all these very different things have in common, sociologically?

Q26.Formalism, decisiveness, and coerciveness define these three terms. How do third-party decision makers (mediators, arbitrators, and adjudicators) vary in their degrees of formalism, decisiveness, and coerciveness?

Q28.Many abstract legal concepts (such as "excessive force" and "intent" and "reasonable doubt") require discretion or judgment when being applied to specific cases. As discussed in class (and briefly on the overhead "Language of Law"), what is the relationship between discretion and discrimination in the applied law?

Q30.What is the relationship between the master trend of individualism and the origins of due process? What two ideals of western democracies are embodied in the concept of due process? What are some examples of due process? (Be able to provide at least five examples of due process, from the overhead.)

Q31.In legal scholarship, its common to find researchers examining unintended consequences how government actions and laws have effects that are unintended or unanticipated. Bruce Western and Becky Pettit examine the unintended consequences of mass incarceration. They focus on the effects of mass incarceration on inequality and they describe these inequalities as invisible, cumulative, and intergenerational. Briefly explain (in 1-3 sentences each) what they mean by these three terms.

Q32.Drawing on "Mentally Ill Persons in the Criminal Justice System" by H. Richard Lamb et al., what percentage of inmates in jails and state and federal prisons are estimated to have a serious mental illness? What are the causes of the criminalization of the mentally ill? What do the authors recommend we do about this issue?

Q33.Regarding the insanity defense, see course packet page and related lecture on "basic facts." Who was Daniel McNaughton, and what role did he play in our present-day view of insanity?

Q34.What is the difference between the McNaughton test and the "policeman at the elbow" test for legal insanity, and how are both legal tests incorporated into the Model Penal Code's definition of insanity?

Q35.According to Torry and Billick, what's the difference between insanity and psychosis? What are some factors favoring a verdict of "not guilty by reason of insanity (NGRI)? What is the "perverse standard" created by the insanity defense, according to its critics?