Full Answer Section

• • These controls operate outside of the formal legal system and rely on social mechanisms to maintain order.
  • Pros: Can be highly effective in promoting conformity and maintaining social harmony, are less expensive than formal controls.
  • Cons: Can be discriminatory, inconsistent, and ineffective in addressing serious offenses.
• Formal Social Controls:
  • These are codified rules and regulations enforced by the legal system. They include:
    • Laws: Statutes, ordinances, and regulations enacted by legislative bodies.
    • Law enforcement: Police, courts, and correctional institutions.
    • Sanctions: Fines, imprisonment, and other legal penalties.
  • These controls rely on formal institutions and processes to maintain order.
  • Pros: Provide clear guidelines, ensure consistency, and offer mechanisms for addressing serious offenses.
  • Cons: Can be rigid, expensive, and potentially oppressive.
• Judicial Activism:
  • This refers to judges who go beyond interpreting existing laws and actively shape legal policy through their rulings.
  • Pros: Can address social injustices, adapt laws to changing circumstances, and protect minority rights.
  • Cons: Can undermine the separation of powers, create legal uncertainty, and lead to accusations of judicial overreach.

2. Substantive vs. Procedural Law:

• Substantive Law:
  • Defines rights and duties. It outlines what conduct is prohibited or required.
  • Examples: Criminal codes defining offenses, contract law defining obligations, and property law defining ownership.
• Procedural Law:
  • Governs the process by which legal rights and duties are enforced. It outlines the rules of the legal game.
  • Examples: Rules of evidence, rules of civil procedure, and rules of criminal procedure.
• Importance and Balance:
  • Substantive law provides the “what,” and procedural law provides the “how.”
  • Procedural law ensures fairness and due process in the adversarial system.
  • It protects individual rights by requiring evidence, ensuring impartiality, and preventing arbitrary actions.
  • It maintains social order by providing a structured and predictable legal process.
  • Without proper procedural law, the substantive laws would be meaningless, and could be applied in an unfair manner.

3. Criminal Law, Civil Law, and Administrative Law:

• Criminal Law:
  • Deals with offenses against society as a whole.
  • Prosecuted by the government (state or federal).
  • Purpose: Punish offenders and deter crime.
  • Burden of Proof: Beyond a reasonable doubt (the highest standard).
• Civil Law:
  • Deals with disputes between individuals or entities.
  • Initiated by a private party (plaintiff).
  • Purpose: Resolve disputes and provide compensation for damages.
  • Burden of Proof: Preponderance of the evidence (more likely than not).
• Administrative Law:
  • Governs the actions of government agencies.
  • Involves regulations, licensing, and enforcement of agency rules.
  • Initiated by individuals or entities affected by agency actions.
  • Burden of Proof: Varies depending on the agency and the specific issue, but often a preponderance of the evidence, or clear and convincing evidence.

4. Case Examples:

• Criminal Case:
  • People v. Derek Chauvin (2021): The former police officer was convicted of murdering George Floyd. This case highlights the role of criminal law in holding individuals accountable for serious offenses and upholding social order. It also sparked widespread debate about police brutality and racial justice.
• Civil Case:
  • Liebeck v. McDonald’s Restaurants (1994): A woman sued McDonald’s after suffering severe burns from hot coffee. This case illustrates the role of civil law in providing compensation for injuries caused by negligence. It also raised questions about product safety and corporate responsibility.
• Administrative Case:
  • Federal Trade Commission v. Facebook (2019): The FTC imposed a record-breaking fine on Facebook for violating consumer privacy. This case demonstrates the role of administrative law in regulating businesses and protecting consumers. It also highlights the growing importance of data privacy in the digital age.