Law Flashcards

1
Q

According to Postmodernism, the best legal decisions are reached through what?

A

The unmasking of oppressive power structures.

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2
Q

According to Secularism, law should be based on what?

A

NONE OF THE ABOVE- it’s NOT morality, precedent, and God

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3
Q

Shariah law is derived from which of the following sources?

A

All of the above- Quran, Sunnah, Ijma, and Qiyas

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4
Q

The Christian concept of law is built upon which of the following assumptions?

A

Humanity is inherently sinful, Human beings were created in God’s image, and Government is an institution created by God. (All of the above)

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5
Q

What do Marxists assume about law?

A

Law is used to oppress the working class, Law is only necessary because of economic inequalities, and Law will be unnecessary under communism. (All of the Above)

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6
Q

Which of the following are permitted under the Shariah law?

A

Killing of homosexuals, adulterers, and apostates, Whipping, slavery, and oppression for non-converts, and Amputation for theft. (All of the Above)

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7
Q

Which of the following ideas have influenced the Secular view of law?

A

Evolution, Materialism, and Naturalism. (All of the above)

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8
Q

Which of the following worldviews deny a connection between law and a objective standard of morality?

A

Secularism, Marxism, and Postmodernism. (All of the above)

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9
Q

Which of the following worldviews deny that humanity has a sin nature?

A

Secularism, Marxism, and Islam. (All of the above)

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10
Q

True or False: According to Christianity, the source of divine law is the CHARACTER AND NATURE OF GOD.

A

True

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11
Q

True or False: According to legal positivism, law is ultimately what those in power postit it to be.

A

True

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12
Q

True or False: According to New Spirituality, criminals are not guilty of violating a standard of justice, but of falling short in their quest for higher consciousness.

A

True

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13
Q

True or False: According to the CHRISTIAN worldview, God reveals only his law, not himself.

A

False; Islamic

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14
Q

True or False: Christianity assumes that all human beings have a general concept of right and wrong.

A

True

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15
Q

True or False: For the Postmodernist, law is a process of uncovering various forms of oppression.

A

True

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16
Q

True or False: LAW tells us what is right and wrong; MORALITY establishes punishment for those violating moral mandates and remedies for those harmed.

A

False; morality tells us what is right and wrong.

17
Q

True or False: Postmodernism reduces law to a STRUGGLE OVER POLITICAL POWER

A

True

18
Q

True or False: The U.S. constitution assumes that laws are CREATED, NOT DISCOVERED

A

False; Discovered, not created

19
Q

True or False: To truly be free, human beings must IGNORE laws that restrain our freedom,

A

False; abide by

20
Q

__________________ is the belief that human beings ultimately construct a model of social reality based upon their own subjective experiences and language.

A

Social Constructionism

21
Q

_________________ is a legal system in which courts reach legal decisions based upon prior judicial precedent reached through common sense and reason.

A

Common Law

22
Q

____________ is a set of laws that establishes remedies for those wronged by others.

A

Tort Law

23
Q

___________ is the belief that we ought to do whatever maximizes happiness and reduces suffering for the greatest number of people.

A

Utilitarianism

24
Q

In Marxist states, the laws created by _________ party officials on behalf of the working class.

A

Communist