Jurisprudence Quiz 1 and 2 answers PDF

Preview

Summary

questions and answers for both quizzes...

Description

Jurisprudence Quiz’s Quiz 1 Question According to Fuller, judges should adjudicate based on John Austin’s command theory of law is

A positive theory

Fuller’s procedural natural law theory argues that

Law must meet certain procedures and principles of legality

According to Dworkin’s theory of law as integrity, legal adjudication is a process where

Judges interpret the law according to moral principles

Descriptive legal theories attempt to explain

Legal doctrines

Normative legal theories attempt to explain

What the law ought to be

A key feature of positivist legal theories is that

Law is a social fact

According to Dworkin, the cases of Riggs v Palmer and Henningsen v Bloomfield Motors demonstrate that

Moral principles are inherent in the law

Legal formalism is the view that

Judges should always apply the law as they find it It conforms to secondary rules

According to Hart, a primary rule is legally valid when it is

Answer The purpose behind the law

Quiz 2 Question Rights-based moral theories argue that we have rights of virtue of Rawls’ ‘original position’ and ‘veil of ignorance’ are used to Legal moralism is the view that Distributive justice refers to Mill’s ‘harm principle’ is intended to Feminist legal scholars think that the public/private distinction Dworkin describes rights as “political trumps.” By this, he means that The Critical Legal Studies movement thinks that the rule of law

Answer Our dignity as human beings Neutralise the effects of self-interest when devising principles of justice The law should be used to enforce morality The way political and economic goods are distributed in a society Protect our individual autonomy Is a fundamental cause of women’s subordinate social status Individual rights cannot be sacrificed for the collective good Protects the status quo

Liberal feminists argue that The American realists thought that the law

Law inherently oppresses women Was separate from politics...