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18 Cards in this Set
- Front
- Back
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Natural Law Theory |
The idea that laws should be based on universal principles that are discoverable by reason an/or god given |
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Legal Positivism |
What makes a law a law is its source rather than its merit. If its arrived at by the correct procedures then its legitimate. |
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Harm Principle |
Mills, the law should only prohibit actions that cause harm to others. |
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Paternalism |
A view that it is legitimate to prohibit actions that cause harm to the person themselves, even if it doesn't cause harm to others. |
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Legal Moralism |
The view that the perceived immortality of an act is sufficient to prohibit it, even if it doesn't cause harm to anyone else |
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Strict Scrutiny |
A law is justified if it has a compelling governmental interest, and it is narrowly tailored to fit that governmental interest, it is the least restrictive. |
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Rational Basis Review |
A law has to be rationally related to a legitimate governmental interest |
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Originalism |
Loots at text and/or original intent |
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Non-Originalism |
Loots at precedent, consequences, and possibly natural law |
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Equal Protection Clause (14th Amendment) |
Equal justice under law; No state shall deny any person equal protection of the laws |
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Due Process Clause (14th Amendment) |
Nor shall any state deprive any person of life, liberty, or property without due process. No deprivation of fundamental rights |
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Establishment Clause (1st Amendment) |
Congress can't establish a religion. Congress shall make no law respecting an establishment of religion |
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Free Exercise Clause (1st Amendment) |
Congress can't prohibit free exercise of religion |
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Negligence |
When a breach of the duty of care causes injury |
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Proximate Cause |
Primary or direct cause of an event |
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Harm Doctrine |
Someone should receive less punishment or no punishment if no harm occurs |
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M'Naghten Rule |
About the insanity defense, a person is not responsible of their actions, if, as a result of mental illness, they didn't know what they were doing, or they didn't know it was wrong |
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Retribution |
Deserved punishment (punishment has intrinsic value, appropriate given that a person has committed a crime). |
