Explain The Social Factors Involved In Adjudication
1. What are the social factors that are involved in adjudication? How do they impact the legal system?
The social factors involved in adjudication include the individual's background (i.e. race, ethnicity, gender, and social class) since such information is used to analyze cause/basis and motive for the crime committed.
2. Schellenberg states that "The law is made by judges." Do you agree with him? Why or why not?
I agree with Schellenberg. Judges interpret law and apply it to a case to help determine a verdict. The Supreme Court also has the power of judicial review; they have the power to review the nation's law and judge whether it's Constitutional or unconstitutional (meaning whether or not the law should be allowed under the Constitution). They don't allow Congress or state legislators to pass laws that abridge the freedoms given to citizens under the Constitution. …show more content…
3.
Can an individual file a criminal action in court? Why or why not?
No. In criminal court, the government prosecutes the case on behalf of the people of the United States; the victim is not responsible for bringing a criminal case to
court.
4. Give two examples of civil law suits are brought to court. Explain each example
Violation of constitutional rights: Individuals can sue a local police department for the violation of their constitutional rights; i.e. freedom of speech, the right to peacefully assemble, violation of 4th Amendment rights, etc.
Commercial law/Business law: civil law that deals with issue of private and public law; an example of such a law suit would be the McDonald's lawsuit in which McDonald's was sued by consumers for selling food that was harmful to their health. Since McDonald's isn't forcing anyone to eat their food, the law suit didn't hold. However, McDonald's now has to make the nutritional information for the products available to consumers.
5. We have been looking at various ways to resolve disputes outside of court such as: negotiation, mediation and arbitration. When a law suit is filed in court the judges and their legal staffs look for ways to see if the dispute can be settled. Are settlements a good way to resolve law suits? Why or why not?
Settlements are a good way to resolve law suits because they are more cost effective, private, flexible, and final compared to going through a full trial.
The social factors involved in adjudication include the individual's background (i.e. race, ethnicity, gender, and social class) since such information is used to analyze cause/basis and motive for the crime committed.
2. Schellenberg states that "The law is made by judges." Do you agree with him? Why or why not?
I agree with Schellenberg. Judges interpret law and apply it to a case to help determine a verdict. The Supreme Court also has the power of judicial review; they have the power to review the nation's law and judge whether it's Constitutional or unconstitutional (meaning whether or not the law should be allowed under the Constitution). They don't allow Congress or state legislators to pass laws that abridge the freedoms given to citizens under the Constitution. …show more content…
3.
Can an individual file a criminal action in court? Why or why not?
No. In criminal court, the government prosecutes the case on behalf of the people of the United States; the victim is not responsible for bringing a criminal case to
court.
4. Give two examples of civil law suits are brought to court. Explain each example
Violation of constitutional rights: Individuals can sue a local police department for the violation of their constitutional rights; i.e. freedom of speech, the right to peacefully assemble, violation of 4th Amendment rights, etc.
Commercial law/Business law: civil law that deals with issue of private and public law; an example of such a law suit would be the McDonald's lawsuit in which McDonald's was sued by consumers for selling food that was harmful to their health. Since McDonald's isn't forcing anyone to eat their food, the law suit didn't hold. However, McDonald's now has to make the nutritional information for the products available to consumers.
5. We have been looking at various ways to resolve disputes outside of court such as: negotiation, mediation and arbitration. When a law suit is filed in court the judges and their legal staffs look for ways to see if the dispute can be settled. Are settlements a good way to resolve law suits? Why or why not?
Settlements are a good way to resolve law suits because they are more cost effective, private, flexible, and final compared to going through a full trial.