Question 1

Which of the following schools of law is criticized for creating a static jurisprudence because it does not take into account social and ethical factors?

Accepted Answer

The positivist school is often criticized for creating a static jurisprudence because it focuses solely on legal rules and does not consider social and ethical factors. The natural law school, on the other hand, emphasizes the importance of ethical principles in shaping the law. The sociological school and the American realist school both consider social factors in their analysis of the law.

Question 2

Which of the following is true of the American realist school of law?

Accepted Answer

The American realist school of law views law as a tool for enforcing political and social values and emphasizes the practical effects of legal decisions.

Question 3

The school of jurisprudence seeks to connect what happens in the legal system to the political-economic context within which it operates.

Accepted Answer

Critical legal studies focus on understanding how law is influenced by social, political, and economic factors, emphasizing the connection between the legal system and its broader context.

Question 4

Which of the following arguments has been made by legal scholars when criticizing the positivist school of law?

Accepted Answer

Legal scholars criticize the positivist school for being too narrow and literal-minded, as it focuses strictly on written laws and rules, often ignoring broader moral or ethical considerations.

Question 5

According to the critical legal studies school of law, members of society's elite have constructed an interlocking system of beliefs that .

Accepted Answer

According to the critical legal studies school of law, members of society's elite have constructed an interlocking system of beliefs that reinforces established wealth and privilege. This belief system is seen as perpetuating existing power dynamics and inhibiting social progress.

Question 6

Which of the following is true of the sociological school of law?

Accepted Answer

The sociological school of law requires a legislator or judge to make an inventory of community interests. This means that they consider societal values and needs in making legal decisions, rather than solely relying on case precedents or statutory law.

Question 7

The positivist school of law states that .

Accepted Answer

The positivist school of law holds that law is a system of rules and principles that are created and enforced by the state, and legal decisions are made based on logic and precedent, not on moral or ethical considerations.

Question 8

Which of the following statements is an argument raised by critics of a natural law school?

Accepted Answer

Critics of natural law argue that it is overly subjective and cannot be applied to a nation of different cultures and moral values.

Question 9

The posted speed limit on the interstate near Omar's house is 60 miles per hour, but no one ever gets a ticket unless they drive over 70 miles per hour. One morning, Omar receives a ticket for going 68 miles per hour. He is outraged and believes that a true injustice has occurred. Based on the scenario, Omar adheres to the .

Accepted Answer

The answer of The posted speed limit on the interstate...

Question 10

A natural law school teaches that .

Accepted Answer

A natural law school believes that an unjust law is not a true law and thus one has a moral responsibility to disobey it. This is based on the belief that law and morality are connected and that higher moral principles should guide the creation and application of laws.

Question 11

What is the primary argument raised by traditional critics of the critical legal studies school?

Accepted Answer

Traditional critics argue that critical legal theorists mainly criticize existing legal systems without providing concrete solutions or strategies for improvement.

Question 12

Proponents of the critical legal studies school of jurisprudence believe that .

Accepted Answer

The answer of Proponents of the critical legal studies school...

Question 13

Which of the following schools of jurisprudence believes that the source of law is contemporary community opinion and customs?

Accepted Answer

The sociological school of jurisprudence believes that the source of law is contemporary community opinion and customs.

Question 14

Which of the following schools of jurisprudence states that the source of law is the sovereign?

Accepted Answer

The positivist school of jurisprudence holds that the source of law is the sovereign or the state. This school of thought emphasizes the strict legality of law and believes that law should be made and enforced by recognized authority.

Question 15

The American realist school of law believes that .

Accepted Answer

The American realist school of law emphasizes that the source of law is the actions and behaviors of those within the legal system, and it advocates for a scientific analysis of these actions to understand how law operates in practice.

Question 16

Which of the following would prove to be most helpful to a disciple of the American realist school?

Accepted Answer

American realism focuses on how law is practiced and applied in real life, so a scientific study of plea bargaining would provide practical insights into courtroom dynamics.

Question 17

Which of the following is true of the natural law school of jurisprudence?

Accepted Answer

The natural law school of jurisprudence has roots dating back to ancient Greek philosophers such as Aristotle and bases law on certain unchanging principles of morality and justice.

Question 18

Juan, a lawyer, argues that morals have no say in determining legal decisions and extralegal factors must be ignored by judges when determining violations of the law. Juan is an adherent of the .

Accepted Answer

Juan's belief that morals have no role in determining legal decisions aligns with the positivist school of law, which holds that the law is based solely on written rules and statutes and that extralegal factors such as morality should not influence legal decisions.

Question 19

Which of the following is a difference between the sociological school of law and the positivist school of law?

Accepted Answer

The sociological school of law emphasizes the importance of studying the actual behavior and values of individuals and society in understanding and making legal decisions. In contrast, the positivist school of law emphasizes the importance of statutes and precedents as the source of law, and contemporary community opinion and customs as the basis for interpreting those sources. Hence, choice C is the correct answer as it highlights the key difference between the two schools of thought.

Question 20

Which of the following arguments has been made by critics of the sociological school of law?

Accepted Answer

Critics of the sociological school of law argue that the school's focus on community standards and the social context in which laws are created and enforced makes the law unpredictable, as these standards and contexts change over time. This viewpoint is reflected in option D. While options A, B, and C all touch on criticisms that have been made of the sociological school of law, D is the only one specifically related to the school's focus on social context and community standards as determinants of legal norms.

Quiz 2: Introduction to Law and the Legal Environment of Business