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law unit 4 > ESSAY PLANS > Flashcards

ESSAY PLANS Flashcards

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1
Q

what are the 3 parts for law and morality?

A

define law
rels btw moral and law
eval

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2
Q

what is the parts for define in law and morality?

A

what is law
legal positivism
natural
define morality

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3
Q

what is included in what is law for define in law and morality?

A

enforce?

social?

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4
Q

what is included in legal positivism for define in law and morality?

A 
who are they?
what do they believe?- emphasise
jeremy bentham
john austin
hans kelsens version
H.L.A 
all accept
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5
Q

what is included in natural for define in law and morality?

A

THOMAS’
aquinas- love thy
more- greater god

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6
Q

what is included in define morality for define in law and morality?

A

relgious

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7
Q

what is parts rels btw law & moral in law and morality?

A 
define moral 
incorprated into 
some not legal enforce
law made for moral 
euthanasia
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8
Q

what is included in incorprated into in btw law & moral?

A

moral code

though shall

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9
Q

what is included in some not legal enforce in btw law & moral?

A

adultery

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10
Q

what is included in some law made for moral in btw law & moral?

A

cases for moral

and euthasia

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11
Q

what are the parts for the eval for law & morality?

A

hart devlin debate
deviln
hart
both

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12
Q

what is included devlin for eval?

A

believed and defence

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13
Q

what is included hart for eval?

A

suggest - populaism

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14
Q

what is included both for eval?

A

e.gs r v wilson

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15
Q

what are the 4 parts of judicial creativity?

A

Do judges make law
should judges make law
how judges make law
eval

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16
Q

what are parts for do judges make law?

A

questioned
declaratory theory
creativity theory

17
Q

what is included in declatory theory in do judges make law?

A

what is it
william blackstone- state disprove eval and argued
ronald dwokin

18
Q

what is included in creativity theory in do judges make law?

A 
what is it
argued 
suspicion
Lord reid 
kairy
19
Q

what are the parts for should judges make law?

A

what should be asked
raise issue of
considered

20
Q

what is included in what should be asked in should judges make law?

A

enforce
deny
critical
further argue-public

21
Q

what is included in raise issue of in should judges make law?

A

opp-r v r
law wo
opp come from

22
Q

what is included in considered in should judges make law?

A

matters of principle
what is it
dwokin argued
e.g

23
Q

what are the parts for how do judges make law?

A

how?

type of creative elements

24
Q

what is included in the type of creative elements for how do judges make law?

A

precedent
overruling
distinguishing
stat interp

25
Q

what is included in overulling for or how do judges make law?

A

rvr h.o.l

hales state

26
Q

what is included in

distinguishing for or how do judges make law?

A

lucy hale

r v clark

27
Q

what is included in stat interp for or how do judges make law?

A

lit rule
golden rule- r v nationa
mishcied- smith v hughes

28
Q

what is included in eval parts?

A 
commentators
hierachy
prece
prece
dec made- re s
lit rule
golden rule- own interp justice
29
Q

what is included in 3 parts for law & justice?

A

meaning
achieve
law

30
Q

what are the parts for meaning for law & justice?

A 
define law
define justice- important
2 types of justice
formal justice - what is it e.g like for like
substantive- what is it r v r/ ola 
theories
31
Q

what is included within theories part for law & justice?

A

aristole - not same- comp- both parties e.g brann
bentham- for good -assess (think policy) e.g case hill
rawls- opp to u- disuss
nozick argue- truly

32
Q

what are the parts for achieve for law and justice?

A

questioned

how

33
Q

what is included with how? for achieve ?

A 
stat interp
criminal sentencing
ability to sentence
fairness- sent calcl of dam , slowness r v ahuwalia
ola
34
Q

what is are the parts for eval in justice?

A 
questioned
cnsider crim
jury
sam hallam
hampered by -stat interp judical approch
good judiciary- smith v hughes
other for justice- donoghue

law unit 4 (36 decks)

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