LEG 420

Term Paper: Individual Rights and Social Order

Due Week 10 and worth 200 points

 

Over the course of 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.

 

Review the following in preparation to follow a systematic approach to your synthesis of law and fact:

  • Champion, D. J., Hartley, R. D., & Rabe, G.A. (2012). Chapter 1 Law: The Legal Battlefield. In  Criminal courts: Structure, process, and issues (3rd ed.). Upper Saddle River, NJ: Pearson Education, Inc.

 

Write a ten to fifteen (10-15) page paper in which you:

  1. Explain the difference in individual rights and social order, and examine the major effects of both on the legal system overall.
  2. Choose one (1) of the social controls discussed within Chapter 1, and give your opinion as to the amendment which offers the most protection of the social control that you selected. Address whether the chosen Amendment is simply an instrument of protection to ensure that the rights and liberties of citizens are secure, whether it provides a framework to facilitate citizen / governmental interactions, or both. Explain the answer.
  3. Discuss the essentials ways in which the law effectuates social change in American society through judicial activism. Provide a rationale for the response.
  4. Examine the overall importance of both substantive law and procedural law. Suggest three (3) ways in which these two (2) types of laws can protect both individual rights and social order. Discuss the invaluable aspects of substantive and procedural in keeping the adversarial system in balance while protecting individual rights and social order. Justify the response.
  5. 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 intersects in the litigation process.Propose two (2) ways in which these three (3) types of laws protect individual rights and social order. Justify the response.
  6. Review the three (3) 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 (e.g., 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.
  7. Debate whether or not social control(s), 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.
  8. Use at least two (2) quality references. Note: Wikipedia and other Websites do not quality as academic resources.

 

Your assignment must follow these formatting requirements:

  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

Points: 200

Term Paper: Individual Rights and Social Order

Criteria

 

Unacceptable

Below 60% F

Meets Minimum Expectations

60-69% D

 

Fair

70-79% C

 

Proficient

80-89% B

 

Exemplary

90-100% A

1. Explain the difference in individual rights and social order, and examine the major effects of both on the legal system overall.

Weight: 10%

Did not submit or incompletely explained the difference individual rights and social order, and did not submit or incompletely examined the major effects of both on the legal system overall.

Insufficiently explained the difference individual rights and social order, and insufficiently examined the major effects of both on the legal system overall.

Partially explained the difference individual rights and social order, and partially examined the major effects of both on the legal system overall.

Satisfactorily explained the difference individual rights and social order, and satisfactorily examined the major effects of both on the legal system overall.

Thoroughly explained the difference individual rights and social order, and thoroughly examined the major effects of both on the legal system overall.

2. Choose one (1) of the social controls discussed within Chapter 1, and give your opinion as to the amendment which offers the most protection of the social control that you selected. Address whether the chosen Amendment is simply an instrument of protection to ensure that the rights and liberties of citizens are secure, whether it provides a framework to facilitate citizen / governmental interactions, or both. Explain the answer.
Weight: 20%

Did not submit or incompletely chose one (1) of the social controls discussed within Chapter 1 and did not submit or incompletely gave your opinion as to the amendment which offers the most protection of the social control that you selected. Did not submit or incompletely addressed whether the chosen Amendment is simply an instrument of protection to ensure that the rights and liberties of citizens are secure, whether it provides a framework to facilitate citizen / governmental interactions, or both. Did not submit or incompletely explained the answer.

Insufficiently chose one (1) of the social controls discussed within Chapter 1 and insufficiently gave your opinion as to the amendment which offers the most protection of the social control that you selected. Insufficiently addressed whether the chosen Amendment is simply an instrument of protection to ensure that the rights and liberties of citizens are secure, whether it provides a framework to facilitate citizen / governmental interactions, or both. Insufficiently explained the answer.

Partially chose one (1) of the social controls discussed within Chapter 1 and partially gave your opinion as to the amendment which offers the most protection of the social control that you selected. Partially addressed whether the chosen Amendment is simply an instrument of protection to ensure that the rights and liberties of citizens are secure, whether it provides a framework to facilitate citizen / governmental interactions, or both. Partially explained the answer.

Satisfactorily chose one (1) of the social controls discussed within Chapter 1 and satisfactorily gave your opinion as to the amendment which offers the most protection of the social control that you selected. Satisfactorily addressed whether the chosen Amendment is simply an instrument of protection to ensure that the rights and liberties of citizens are secure, whether it provides a framework to facilitate citizen / governmental interactions, or both. Satisfactorily explained the answer.

Thoroughly chose one (1) of the social controls discussed within Chapter 1 and thoroughly gave your opinion as to the amendment which offers the most protection of the social control that you selected. Thoroughly addressed whether the chosen Amendment is simply an instrument of protection to ensure that the rights and liberties of citizens are secure, whether it provides a framework to facilitate citizen / governmental interactions, or both. Thoroughly explained the answer.

3. Discuss the essentials ways in which the law effectuates social change in American society through judicial activism. Provide a rationale for the response.

Weight: 10%

Did not submit or incompletely discussed the essential ways in which the law effectuates social change in American society through judicial activism. Did not submit or incompletely provided a rationale for the response.

Insufficiently discussed the essential ways in which the law effectuates social change in American society through judicial activism. Insufficiently provided a rationale for the response.

Partially discussed the essential ways in which the law effectuates social change in American society through judicial activism. Partially provided a rationale for the response.

Satisfactorily discussed the essential ways in which the law effectuates social change in American society through judicial activism. Satisfactorily provided a rationale for the response.

Thoroughly discussed the essential ways in which the law effectuates social change in American society through judicial activism. Thoroughly provided a rationale for the response.

4. Examine the overall importance of both substantive law and procedural law. Suggest three (3) ways in which these two (2) types of laws can protect both individual rights and social order. Discuss the invaluable aspects of substantive and procedural in keeping the adversarial system in balance while protecting individual rights and social order. Justify the response.

Weight: 10%

Did not submit or incompletely examined the overall importance of both substantive law and procedural law. Did not submit or incompletely suggested three (3) ways in which these two (2) types of laws can protect both individual rights and social order.  Did not submit or incompletely discussed the invaluable aspects of substantive and procedural in keeping the adversarial system in balance while protecting individual rights and social order. Did not submit or incompletely justified the response.

Insufficiently examined the overall importance of both substantive law and procedural law. Insufficiently suggested three (3) ways in which these two (2) types of laws can protect both individual rights and social order. Insufficiently discussed the invaluable aspects of substantive and procedural in keeping the adversarial system in balance while protecting individual rights and social order. Insufficiently justified the response.

Partially examined the overall importance of both substantive law and procedural law. Partially suggested three (3) ways in which these two (2) types of laws can protect both individual rights and social order. Partially discussed the invaluable aspects of substantive and procedural in keeping the adversarial system in balance while protecting individual rights and social order. Partially justified the response.

Satisfactorily examined the overall importance of both substantive law and procedural law. Satisfactorily suggested three (3) ways in which these two (2) types of laws can protect both individual rights and social order. Satisfactorily discussed the invaluable aspects of substantive and procedural in keeping the adversarial system in balance while protecting individual rights and social order. Satisfactorily justified the response.

Thoroughly examined the overall importance of both substantive law and procedural law. Thoroughly suggested three (3) ways in which these two (2) types of laws can protect both individual rights and social order. Thoroughly discussed the invaluable aspects of substantive and procedural in keeping the adversarial system in balance while protecting individual rights and social order. Thoroughly justified the response.

5. 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 intersects in the litigation process.Propose two (2) ways in which these three (3) types of laws protect individual rights and social order. Justify the response.

Weight: 15%

Did not submit or incompletely analyzed the key differences between criminal law, civil law, and administrative law. Did not submit or incompletely discussed the role of each when criminal and administrative law intersects in the litigation process. Did not submit or incompletely proposed two (2) ways in which these three (3) types of laws protect individual rights and social order. Did not submit or incompletely justified the response.

Insufficiently analyzed the key differences between criminal law, civil law, and administrative law. Insufficiently discussed the role of each when criminal and administrative law intersects in the litigation process. Insufficiently proposed two (2) ways in which these three (3) types of laws protect individual rights and social order. Insufficiently justified the response.

Partially analyzed the key differences between criminal law, civil law, and administrative law. Partially discussed the role of each when criminal and administrative law intersects in the litigation process. Partially proposed two (2) ways in which these three (3) types of laws protect individual rights and social order. Partially justified the response.

Satisfactorily analyzed the key differences between criminal law, civil law, and administrative law. Satisfactorily discussed the role of each when criminal and administrative law intersects in the litigation process. Satisfactorily proposed two (2) ways in which these three (3) types of laws protect individual rights and social order. Satisfactorily justified the response.

Thoroughly analyzed the key differences between criminal law, civil law, and administrative law. Thoroughly discussed the role of each when criminal and administrative law intersects in the litigation process. Thoroughly proposed two (2) ways in which these three (3) types of laws protect individual rights and social order. Thoroughly justified the response.

  1. Review the three (3) 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 (e.g., 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.

Weight: 10%

Did not submit or incompletely reviewed the three (3) functions of law. Did not submit or incompletely explained the essential manner in which the law overall ensures the existence of adequate order, provides resolutions to conflicts, and protects civil liberties (e.g., freedom of thought, belief, expression, and assembly; protection against unreasonable search and seizures; and provisions for a court hearing prior to government taking of property) as set forth in the U.S. Constitution.

Insufficiently reviewed the three (3) functions of law. Insufficiently explained the essential manner in which the law overall ensures the existence of adequate order, provides resolutions to conflicts, and protects civil liberties (e.g., freedom of thought, belief, expression, and assembly; protection against unreasonable search and seizures; and provisions for a court hearing prior to government taking of property) as set forth in the U.S. Constitution.

Partially reviewed the three (3) functions of law. Partially explained the essential manner in which the law overall ensures the existence of adequate order, provides resolutions to conflicts, and protects civil liberties (e.g., freedom of thought, belief, expression, and assembly; protection against unreasonable search and seizures; and provisions for a court hearing prior to government taking of property) as set forth in the U.S. Constitution.

Satisfactorily reviewed the three (3) functions of law. Satisfactorily explained the essential manner in which the law overall ensures the existence of adequate order, provides resolutions to conflicts, and protects civil liberties (e.g., freedom of thought, belief, expression, and assembly; protection against unreasonable search and seizures; and provisions for a court hearing prior to government taking of property) as set forth in the U.S. Constitution.

Thoroughly reviewed the three (3) functions of law. Thoroughly explained the essential manner in which the law overall ensures the existence of adequate order, provides resolutions to conflicts, and protects civil liberties (e.g., freedom of thought, belief, expression, and assembly; protection against unreasonable search and seizures; and provisions for a court hearing prior to government taking of property) as set forth in the U.S. Constitution.

  1. Debate whether social control(s), 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.

Weight: 10%

Did not submit or incompletely debated whether social control(s), as a function of law, play a fundamentally positive / creative role or negative / restrictive role in the development of modern American law. Did not submit or incompletely provided a rationale for the response.

Insufficiently debated whether social control(s), as a function of law, play a fundamentally positive / creative role or negative / restrictive role in the development of modern American law. Insufficiently provided a rationale for the response.

Partially debated whether social control(s), as a function of law, play a fundamentally positive / creative role or negative / restrictive role in the development of modern American law. Partially provided a rationale for the response.

Satisfactorily debated whether social control(s), as a function of law, play a fundamentally positive / creative role or negative / restrictive role in the development of modern American law. Satisfactorily provided a rationale for the response.

Thoroughly debated whether social control(s), as a function of law, play a fundamentally positive / creative role or negative / restrictive role in the development of modern American law. Thoroughly provided a rationale for the response.

8. 2 references

Weight: 5%

No references provided

Does not meet the required number of references; all references poor quality choices.

Does not meet the required number of references; some references poor quality choices.

Meets number of required references; all references high quality choices.

Exceeds number of required references; all references high quality choices.

9. Clarity, writing mechanics, and formatting requirements

Weight: 10%

More than 8 errors present

7-8 errors present

5-6 errors present

3-4 errors present

0-2 errors present

 

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