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Pages:
10 pages/β‰ˆ2750 words
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Style:
APA
Subject:
Law
Type:
Case Study
Language:
English (U.S.)
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MS Word
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Total cost:
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Topic:

Individual Rights and Social Order

Case Study Instructions:

Individual Rights and Social Order
Introduction
Throughout the term, this course has focused on the concepts of Individual Rights as protected under the Bill of Rights, as well as the role of the legal systems and its unrelenting pursuit of Social Order. Each concept balances the other to ensure that rules, institutions, and public initiatives can be executed in a standardized and judicious manner for the benefit of a civilized society.
Prepare
Read Chapter 1, "Law: The Legal Battlefield," in your textbook, Criminal Courts: Structure, Process, and Issues.
Instructions
Write a 10–15 page paper in which you do the following:
Explain the difference in informal and formal social controls, and examine the major effects of both on the legal system overall.
Identify the significance of the three stages of the evolution of disputes: naming, blaming, and claiming discussed within Chapter 1, and address the impact that each of the stages has on the formal criminal judicial process. Explain the answer.
Discuss the essential ways in which the law effectuates social change in American society through judicial activism. Provide a rationale for the response.
Examine the overall importance of both substantive law and procedural law and identify the differences between the two. Suggest three ways in which these two types of laws can protect both individual rights and social order. Discuss the invaluable aspects of substantive and procedural law in keeping the adversarial system in balance while protecting individual rights and social order. Justify the response.
Analyze the key differences between criminal law, civil law, and administrative law. Discuss the role of each when criminal and administrative law or civil and administrative law intersect in the litigation process. Propose two ways in which these three types of laws protect individual rights and social order. Justify the response.
Review the three functions of law. Explain the essential manner in which the law overall ensures the existence of adequate order, provides resolutions to conflicts, and protects civil liberties (for example, freedom of thought, belief, expression, and assembly; protection against unreasonable searches and seizures; and provisions for a court hearing prior to government taking of property) as set forth in the U.S. Constitution.
Debate whether or not social controls, as a function of law, play a fundamentally positive/creative role or negative/restrictive role in the development of modern American law. Provide a rationale for the response.
Use at least three quality references. Note: Wikipedia and other websites do not quality as academic resources. Visit the Strayer University Online Library to look for references.

Case Study Sample Content Preview:

Individual Rights and Social Order
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Individual Rights and Social Order
The mandate to protect the lives and property of individuals remains a fundamental component of various legal systems of the world. In the U.S., citizens are accorded individual rights in the Bill of Rights, which protects them from various infringements by other individuals or the government. Amidst such rights and liberties lies the need for social order. Hence, the law has extended to instil some limitations that could extend to the need to pursue social order. Often, questions are asked on avenues of balancing individual rights with the need to anchor social behaviors and interactions on a status quo. This paper delves into individual rights and social order by exploring various prospects, including informal and formal controls, the evolution of disputes, impacts of the law on social change, and the value of both substantive and procedural law. A detailed understanding of individual rights and social order is a valuable tool as it extends to defining the scope of the legal systems and the interactions between the law and social controls, which are necessary for a society in which legal and social prospects keep antagonizing one another.
Difference in Formal and Informal Social Controls
Social control is a fundamental element of contemporary litigious societies with impacts on how individuals are regulated. Social control implies avenues by which societies regulate human behaviors (Hartley, Rabe, & Champion, 2018). Often, social controls are instilled to create a sense of equilibrium in the behaviors of individuals. However, there are behaviors that societies consider deviant, which are effectively regulated through different avenues of social control. Formal and informal social control avenues are the primary approaches that societies use to regulate human behaviors. Formal control is the avenues or mechanisms that take the formal approach. That is, formal control mechanisms are written, approved, and are official. In this case, rules and laws encompass the formal controls that are employed in controlling behaviors.
Conversely, informal controls are unwritten avenues of controlling behaviors. Prospects such as values, norms, and traditions are tools of informal social control. Societies can employ either formal or informal inputs to resolve most situations that they face.
There are notable differences between formal and informal social control systems. Primary among the differences is on the enforcing units. While the informal social control avenues are enforced by families, workplaces, religious institutions, and schools, the formal control practices are enforced by institutions such as government agencies, judicial courts, and the police (Hartley, Rabe, & Champion, 2018). The other difference between the two controls is the type of society in which they are applied. As informal control is applied in small and rural communities, formal control mechanisms are applied in large urban societies. Ultimately, the two prospects differ on the nature of quality, with formal control showcasing the characteristics of being repressive, punitive, and imposed while info...
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