Jurisprudence Test 1

Question 1

What did Hobbes think about the Rule of Law?

Answer 1

There are no moral Laws.

We have a society for fear of our neighbor, to restrain them.

Question 2

Blackstone

Answer 2

Expanded the teachings of Thomas Aquinas.

Became known as the most famous legal theorist.

Question 3

What is the purpose of law for Aquinas?

Answer 3

To promote the greater good of the community

Question 4

What form of Natural Law does Locke recognize?

Answer 4

State of Nature: there are moral laws

We have a society as a moral imperative to seek out a better enforcement of moral law.

Question 5

Eternal Law

Answer 5

Unchanging reason of God.

God’s plan for the Universe that affects everything.

Question 6

Divine Law

Answer 6

Applies to religion and Church issues.
Apprehended through revelation.
The Old and New Testament.
Necessary for the revelation of salvation for man.

Question 7

Natural Law

Answer 7

Laws that can be known through our own reasoning
Determines an individual’s end.
Presupposes a necessary connection between law and morality.
Necessary to inform man of his ultimate need for goodness.

Question 8

Human Law

Answer 8

Emulate Natural Law to promote justice and the will of God.
Necessary to help us when our own reason fails.
Penalty for violating divine and natural law.

Question 9

Framer’s Intent

Answer 9

The goal is to determine what the framer’s intended when they drafted the document?

Question 10

Original Understanding

Answer 10

Interpreted based on how it was understood in society during ratification.
No right to privacy other than those that are enumerated.

Question 11

Dworkin

Answer 11

Created an interpretive theory of the law that was highly criticized.
A judge must apply the best philosophy to the Constitutional Issue.
Critics stated that philosophy destroyed the Rule of Law.

Question 12

What does a legal realist do with the concept of natural rights?

Answer 12

To legal realist there are no natural rights.

Question 13

Strong proponents of Natural Law

Answer 13

Montesquieu and Charles Louis

Question 14

Legal Positivism

Answer 14

Rejection of the Natural Law Theory
Law consists of merely a social construct
Rejects links between positive law and morality.

Question 15

Substantial Law

Answer 15

Defines or creates the rights and obligations of persons and governments.

Question 16

Procedural Law

Answer 16

Provides the steps one must follow in order to avail oneself of one’s legal rights.

Question 17

Where does natural law derive its meaning and existence?

Answer 17

The Nature of God

Question 18

Main Proponent of Legal Realism

Answer 18

Holmes

Question 19

What event launched the race movement?

Answer 19

Montgomery Bus Boycott

Question 20

Dereck Bell

Answer 20

Harvard professor/Obama Mentor
“I live to harass white folks”
Hypothetical of Aliens-space traders

Question 21

Richard Delgado

Answer 21

Legal Instrumentalism

Rule of Law does not apply to minorities

Question 22

Paul Butler

Answer 22

Jury Nullification

Ignores the facts that a crime in non-violent especially in the context of drugs.

Question 23

Criminal Justice; Retributivist Approach

Answer 23

Ensures the wrongdoer receives just desert.

Question 24

Criminal Justice; Utilitarian Approach

Answer 24

Criminal systems promote the common good

Includes rehab; deterrence as main objectives

Question 25

Main Proponent of Utilitarian Approach

Answer 25

Jeremey Bentham

Question 26

Where does the concept of Institutional Racism stem from?

Answer 26

Black Power Movement

Question 27

Egalitarian

Answer 27

No difference in roles for men and women
Women can be elders/pastors
Galatians 3:28

Question 28

Complementarian

Answer 28

Men and women are created equal but with different and distinct roles, which predate the fall.
Feminists usually reject this view.

Question 29

Main Proponent of Critical Legal Studies

Answer 29

Justice Holmes

Question 30

Critical Legal Studies

Answer 30

• Marxist ideology
• Law is a tool to keep the wealthy in power
• Deny the existence of the Rule of Law
• Bowers v. Hardwick

Question 31

Roberto Younger

Answer 31

CRIT

The Rule of Law never exists

Question 32

Legal Feminism

Answer 32

Feminists believe that history was written from a male point of view and does not reflect women’s role in making history and structuring society.

Question 33

Legal Realism

Answer 33

rules are arbitrary and in fact are the imposition of the will of one class upon another class.

Question 34

Legal Philosophpy

Answer 34

Anti-thesis of Natural Law

Question 35

Liberal Feminist

Answer 35

view this as discrimination
Patriarchy has been largely eliminated
Government should not interfere with individual liberties
Men and women should be treated by the same rules (pure equality)

Question 36

Radical Feminist

Answer 36

view this as oppression
Patriarchy still exists
Gov’t may interfere with liberty
Gov’t may treat women differently to help them

Question 37

Posner on Allocated Good

Answer 37

Value a person places = determined by her economic behavior-how much is she willing and able to pay for it