Chapter 1 1 To understand the functions of law in society

CHAPTER ONE. INTRODUCTION

LEARNING OBJECTIVES

• To understand the functions of law in society

• To understand the sources of law in society

• To understand the different kinds of law in society

• To understand how different kinds of law are represented in a Supreme Court case

CHAPTER SUMMARY

The chapter begins with an explanation of the functions of law in society. The chapter

emphasizes that making things illegal is not the only or even major function of law. Law

bestows benefits on people, it creates new programs, it creates new obligations for citizens and it

proscribes certain types of behavior. Law also provides predictability so people can manage their

private affairs with some ability to predict outcomes from certain actions or behavior.

The second section of the chapter examines the sources of law in society. It is important

that the student understand why most people obey the laws of their country. The main focus is

CHAPTER OUTLINE

I. Introduction

II. Functions of Law in Society

A. Bestows Benefits

B. Creates New Programs

III. Sources of Law in Society

A. Natural Law Approach

B. Positive Law Approach

C. Sociological Approach

IV. Kinds of Law in Society

A. Substantive v. Procedural Law

B. Criminal v. Civil Law

C. Constitutional Law

V. Bob Jones University v. United States

A. Background of the Case

B. Ruling in the Case

C. Analysis of the Case

VI. Conclusion

TERMS/CONCEPTS/PEOPLE

Civil disobedience Substantive law Common law

Malum in se Procedural law Natural law

Due process Case law Injunction

CHAPTER TEST QUESTIONS

Multiple Choice Questions

1. The underlying theory of Natural Law is that:

A. There are immutable principles of right and wrong that people may discern through

their powers of reasoning;

B. It is only natural for government to set laws defining right from wrong;

C. The government will naturally change the laws as society changes;

D. All of the above;

E. None of the above.

2. Which of the following is a function of law?

A. To bestow benefits on people;

B. To create new obligations with which citizens must comply;

C. To proscribe certain anti-social behavior;

D. To provide predictability and stability;

E. All of the above.

3. When judges interpret the meaning of constitutions, statutes, and other forms of written law,

__________develops.

A. Administrative law;

B. Common law;

C. Constitutional law;

D. Case law;

E. None of the above.

4. Malum in se:

A. Is the theoretical basis of civil law;

B. Refers to acts that are inherently evil or wrong;

C. Refers to activities that are wrong merely because the legislature says so:

D. All of the above;

E. None of the above.

Answer: B

5. Which of the following is correct?

A. People are guaranteed due process of law by both state and national governments;

B. Constitutional law deals with the interpretation of federal and state constitutions;

C. Substantive law is both civil and criminal in nature.

D. Administrative law is the law that controls the behavior of regulators;

E. All of the above.

6. The distinction between a crime and a civil wrong:

A. Depends on the nature of the act;

B. Is that the state prosecutes civil wrongs.

C. Depends on the legal consequences that follow the act;

D. Is that one carries the concept of fault or blame and the other does not;

E. All of the above.

7. The theory of law that holds that law evolves as society does is:

A. The positive theory of law;

B. The sociological theory of law;

C. Legitimacy of law;

D. Natural law;

E. Theory of certiorari.

8. Which of the following is correct?

A. People obey the law because of fear;

B. People obey the law because they believe the lawmaker has legitimacy;

C. People obey the law because of habit;

D. People obey or disobey the law based on their own sense of right and wrong.

E. All of the above.

9. Bob Jones University v. United States:

A. Involved statutory law because the Court had to deal with the University‘s claim under the Free

Exercise Clause of the Constitution about its discrimination based on religious grounds;

B. Involved administrative law because the Court interpreted the meaning of Internal Revenue Code §§

501(c)(3) and 170;

C. Involved constitutional law because the Court examined the Internal Revenue Service’s

application of the term “charitable;“

D. All of the above;

E. None of the above.

10. The theory of law that holds that law is whatever the supreme authority can command and enforce is:

A. Positive theory of law;

B. The divine right of kings;

C. The sociological theory of law;

D. Rationalistic theory of law;

E. None of the above.

11. When a private citizen files a lawsuit against another private citizen, this is a:

A. Criminal case;

B. Civil case;

C. Misdemeanor;

D. Writ of certiorari–,

E. All of the above.

12. Natural law:

A. Is man–made law;

B. Is without moral overtones;

C. May lead to civil disobedience when the “higher law“ conflicts with positive law;

D. Is without influence in American law;

E. None of the above.

13. A student at your university has been denied financial aid. Which of the following is correct?

A. If the denial is because her income is too great, that is an example of substantive law;

B. If the denial is based on her failure to meet the deadlines for filing the paperwork, that is an example of

procedural law;

C. If the denial is based on her gender, that is an example of violation of constitutional law;

D. If the denial is based on a university policy (such as not meeting required academic progress

standards set by the university), that is an example of administrative law;

E. All of the above.

14. Common law:

A. Is created by city councils;

B. Is created by the decisions of judges and juries in the absence of positive law;

C. Is created by Congress;

D. Is created by state legislatures;

E. None of the above.

15. Which of the following illustrates how law bestows benefits on people?

A. A law increasing taxes;

B. A law requiring military service;

C. A law making internet fraud a crime;

D. A law creating a student loan program;

E. None of the above.

Essay Questions

1. Identify and discuss functions of law in society.

2. Define the concept of legitimacy and apply it to the law.

3. Discuss the philosophy of John Locke and its application to American political thought.

4. Compare and contrast the sources of law in society including, but not limited to, natural law,

positive law; and sociological approach to law.

5. Define and compare and contrast various kinds of law such as substantive v. procedural, civil

including equity v. criminal, public (constitutional, criminal, administrative, and environmental)

v. private law, and case law.