Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial.
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
Zoo-archaeology, also known as faunal analysis, is a branch of archaeology that studies remains of animals from archaeological sites. Faunal remains are the items left behind when an animal dies. These include bones, shells, hair, chitin, scales, hides, proteins and DNA. Of these items, bones and shells are the ones that occur most frequently at archaeological sites where faunal remains can be found. Most of the time, a majority of these faunal remains do not survive. They often decompose or break because of various circumstances. This can cause difficulties in identifying the remains and interpreting their significance.
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
Processual archaeology is a form of archaeological theory that had its genesis in 1958 with the work of Gordon Willey and Philip Phillips, Method and Theory in American Archaeology, in which the pair stated that "American archaeology is anthropology or it is nothing", a rephrasing of Frederic William Maitland's comment: "My own belief is that by and by anthropology will have the choice between being history and being nothing." The idea implied that the goals of archaeology were, in fact, the goals of anthropology, which were to answer questions about humans and human society. That was a critique of the former period in archaeology, the cultural-history phase in which archaeologists thought that any information that artifacts contained about past people and past ways of life would be lost once the items became included in the archaeological record. All they felt could be done was to catalogue, describe, and create timelines based on the artifacts.
Post-processual archaeology, which is sometimes alternately referred to as the interpretative archaeologies by its adherents, is a movement in archaeological theory that emphasizes the subjectivity of archaeological interpretations. Despite having a vague series of similarities, post-processualism consists of "very diverse strands of thought coalesced into a loose cluster of traditions". Within the post-processualist movement, a wide variety of theoretical viewpoints have been embraced, including structuralism and Neo-Marxism, as have a variety of different archaeological techniques, such as phenomenology.
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law.
An artifact, or artefact, is a general term for an item made or given shape by humans, such as a tool or a work of art, especially an object of archaeological interest. In archaeology, the word has become a term of particular nuance and is defined as an object recovered by archaeological endeavor, which may be a cultural artifact having cultural interest.
Culture-historical archaeology is an archaeological theory that emphasises defining historical societies into distinct ethnic and cultural groupings according to their material culture.
An archaeological culture is a recurring assemblage of artifacts from a specific time and place that may constitute the material culture remains of a particular past human society. The connection between the artifacts is based on archaeologists' understanding and interpretation and does not necessarily relate to real groups of humans in the past. The concept of archaeological culture is fundamental to culture-historical archaeology.
Landscape archaeology is the study of the ways in which people in the past constructed and used the environment around them. Landscape archaeology is inherently multidisciplinary in its approach to the study of culture, and is used by pre-historical, classic, and historic archaeologists. The key feature that distinguishes landscape archaeology from other archaeological approaches to sites is that there is an explicit emphasis on the sites' relationships between material culture, human alteration of land/cultural modifications to landscape, and the natural environment. The study of landscape archaeology has evolved to include how landscapes were used to create and reinforce social inequality and to announce one's social status to the community at large.
Legal psychology involves empirical, psychological research of the law, legal institutions, and people who come into contact with the law. Legal psychologists typically take basic social and cognitive principles and apply them to issues in the legal system such as eyewitness memory, jury decision-making, investigations, and interviewing. The term "legal psychology" has only recently come into usage, primarily as a way to differentiate the experimental focus of legal psychology from the clinically-oriented forensic psychology.
Ethnoarchaeology is the ethnographic study of peoples for archaeological reasons, usually through the study of the material remains of a society. Ethnoarchaeology aids archaeologists in reconstructing ancient lifeways by studying the material and non-material traditions of modern societies. Ethnoarchaeology also aids in the understanding of the way an object was made and the purpose of what it is being used for. Archaeologists can then infer that ancient societies used the same techniques as their modern counterparts given a similar set of environmental circumstances.
Feminist archaeology employs a feminist perspective in interpreting past societies. It often focuses on gender, but also considers gender in tandem with other factors, such as sexuality, race, or class. Feminist archaeology has critiqued the uncritical application of modern, Western norms and values to past societies. It is additionally concerned with increasing the representation of women in the discipline of archaeology, and reducing androcentric bias within the field.
In archaeology, survey or field survey is a type of field research by which archaeologists search for archaeological sites and collect information about the location, distribution and organization of past human cultures across a large area. Archaeologists conduct surveys to search for particular archaeological sites or kinds of sites, to detect patterns in the distribution of material culture over regions, to make generalizations or test hypotheses about past cultures, and to assess the risks that development projects will have adverse impacts on archaeological heritage. The surveys may be: (a) intrusive or non-intrusive, depending on the needs of the survey team and; (b) extensive or intensive, depending on the types of research questions being asked of the landscape in question. Surveys can be a practical way to decide whether or not to carry out an excavation, but may also be ends in themselves, as they produce important information about past human activities in a regional context.
Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law, the meaning of the law when originally passed, the problem it was intended to remedy, or significant questions regarding whether the law is just or correct.
Archaeology is the study of human activity through the recovery and analysis of material culture. Archaeology is often considered a branch of socio-cultural anthropology, but archaeologists also draw from biological, geological, and environmental systems through their study of the past. The archaeological record consists of artifacts, architecture, biofacts or ecofacts and cultural landscapes. Archaeology can be considered both a social science and a branch of the humanities. In Europe it is often viewed as either a discipline in its own right or a sub-field of other disciplines, while in North America archaeology is a sub-field of anthropology.
Indigenous archaeology is a sub-discipline of western archaeological theory that seeks to engage and empower indigenous people in the preservation of their heritage and to correct perceived inequalities in modern archaeology. It also attempts to incorporate non-material elements of cultures, like oral traditions, into the wider historical narrative. This methodology came out of the global anti-colonial movements of the 1970s and 1980s led by aboriginal and indigenous people in settler-colonial nations, like the United States, Canada, and Australia. Major issues the sub-discipline attempts to address include the repatriation of indigenous remains to their respective peoples, the perceived biases that western archaeology's imperialistic roots have imparted into its modern practices, and the stewardship and preservation of indigenous people's cultures and heritage sites. This has encouraged the development of more collaborative relationships between archaeologists and indigenous people and has increased the involvement of indigenous people in archaeology and its related policies.
Judicial interpretation refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
Behavioural archaeology is an archaeological theory that expands upon the nature and aims of archaeology in regards to human behaviour and material culture. The theory was first published in 1975 by American archaeologist Michael B. Schiffer and his colleagues J. Jefferson Reid, and William L. Rathje. The theory proposes four strategies that answer questions about past, and present cultural behaviour. It is also a means for archaeologists to observe human behaviour and the archaeological consequences that follow.
