Question 1

Legal naturalism most closely reflects legal moralism, not legal positivism.

Accepted Answer

A) True 
 B)False

Question 2

Talk About:
-Legal naturalism

Accepted Answer

Proponents of this b...

Question 3

A legal principle is a philosophical proposition that establishes a criterion to use in determining whether an act should be prohibited.

Accepted Answer

A) True 
 B)False

Question 4

Talk About:
-Harm principle

Accepted Answer

Society should only ...

Question 5

Judges never utilize sentencing guideline tables when deciding the appropriate punishment for an offender.

Accepted Answer

A) True 
 B)False

Question 6

Which best describes legal realism's beliefs in relation to the discretion within the law?

Accepted Answer

A)   Professionals must follow the law exactly as it is written.
B)   Professionals make judgments to give law meaning.
C)   It is morally wrong to pick and choose who to protect through enforcement of law.
D)   None of the above.E) A) and D)
F) A) and C)

Question 7

Rights and interpretive jurisprudence most closely reflect legal positivism, not legal moralism.

Accepted Answer

A) True 
 B)False

Question 8

Which best describes legal paternalism's beliefs in relation to the formation of law?

Accepted Answer

A)   Analyzes the immediate situation under review.
B)   If an action causes harm, it is made illegal.
C)   Society's view is most important.
D)   Based on study and analysis of what behaviors are risky or may cause harm.E) B) and D)
F) A) and C)

Question 9

To Devlin, a shared public morality was the bedrock of any society, and without this moral bedrock, the society would collapse.

Accepted Answer

A) True 
 B)False

Question 10

Which best describes critical legal theory's beliefs about the creation of law?

Accepted Answer

A)   The law was created by powerful individuals to help them remain in power.
B)   Those in power know what is best for society.
C)   Morality should not be considered when laws are developed.
D)   Morality should be the sole basis of law.E) A) and B)
F) All of the above

Question 11

A woman needs an antibiotic for a sinus infection. The law states that she needs to see a doctor and receive a prescription for the antibiotic. How would legal paternalists feel about this law?

Accepted Answer

A)   Legal paternalists would argue that this law invades a person's individual freedoms to decide for themselves which medications they need.
B)   Legal paternalists would say that the law is not strict enough and the medication should be distributed to people on a daily basis, pill by pill.
C)   Legal paternalists would answer that the law should protect people this way because individuals might not know the proper uses and side effects.
D)   All of the above.E) All of the above
F) C) and D)

Question 12

Talk About:
-Legal realism

Accepted Answer

This theory's primary focus is...

Question 13

Which best describes Devlin's beliefs in relation to the foundation of law?

Accepted Answer

A)   Harm to others is the foundation of law for Devlin.
B)   The minority's belief is the foundation of law for Devlin.
C)   Public morality is the foundation of law for Devlin.
D)   All of the above.E) A) and B)
F) B) and C)

Question 14

The protection of rights is important to Dworkin, and he believes that society should take rights seriously.

Accepted Answer

A) True 
 B)False

Question 15

Which best describes interpretative jurisprudence's position regarding the role of morality?

Accepted Answer

A)   Moral considerations cannot be ignored.
B)   The primary focus is on the identification of a common morality.
C)   While there are differences in how morality is defined, interpretive jurisprudence shares an idealist emphasis.
D)   All of the above.E) None of the above
F) A) and C)

Question 16

The perspective that an individual holds about the role of law in society can have several implications. These include the following:

Accepted Answer

A)   It can affect how an individual enforces the law or thinks it should be enforced.
B)   It can affect how an individual actually behaves or thinks others should behave.
C)   It can affect how an individual votes or advocates for policies and helps explain why there are sometimes differences that are difficult to reconcile on controversial policy issues.
D)   All of the above.E) None of the above
F) B) and C)

Question 17

Which best describes Hart's beliefs in relation to the rationale of law?

Accepted Answer

A)   The values of society are of utmost importance.
B)   To preserve society by maintaining its morality.
C)   Individual needs are valued, even if scorned by society.
D)   All of the above.E) A) and B)
F) A) and C)

Question 18

Critical legal theorist fit into which framework?

Accepted Answer

A)   Idealism.
B)   Pragmatism.
C)   Protect individuals with an emphasis on justice, fairness, and equality.
D)   Those in power should decide matters of importance.E) None of the above
F) A) and B)

Question 19

Which best describes Devlin's beliefs in relation to the application of law?

Accepted Answer

A)   Laws do not need to permit freedom.
B)   Logical principles are used to ensure careful application.
C)   Laws in general cause all people to always be virtuous.
D)   All of the above.E) C) and D)
F) A) and B)

Question 20

The legal moralist discourages the use of discretion, although understands at times it may be necessary.

Accepted Answer

A) True 
 B)False

Exam 3: Criminal Justice and Legal Philosophy

Critical legal theorist fit into which framework?

Correct AnswerverifiedShow Answer

Which best describes Devlin's beliefs in relation to the application of law?

Correct AnswerverifiedShow Answer

Talk About: -Harm principle

Correct AnswerverifiedSociety should only ...View AnswerShow Answer

The perspective that an individual holds about the role of law in society can have several implications. These include the following:

Correct AnswerverifiedShow Answer

Which best describes interpretative jurisprudence's position regarding the role of morality?

Correct AnswerverifiedShow Answer

Which best describes critical legal theory's beliefs about the creation of law?

Correct AnswerverifiedShow Answer

Talk About: -Legal realism

Correct AnswerverifiedThis theory's primary focus is...View AnswerShow Answer

Rights and interpretive jurisprudence most closely reflect legal positivism, not legal moralism.

Correct AnswerverifiedShow Answer

A woman needs an antibiotic for a sinus infection. The law states that she needs to see a doctor and receive a prescription for the antibiotic. How would legal paternalists feel about this law?

Correct AnswerverifiedShow Answer

Legal naturalism most closely reflects legal moralism, not legal positivism.

Correct AnswerverifiedShow Answer

Which best describes legal paternalism's beliefs in relation to the formation of law?

Correct AnswerverifiedShow Answer

Talk About: -Legal naturalism

Correct AnswerverifiedProponents of this b...View AnswerShow Answer

The legal moralist discourages the use of discretion, although understands at times it may be necessary.

Correct AnswerverifiedShow Answer

The protection of rights is important to Dworkin, and he believes that society should take rights seriously.

Correct AnswerverifiedShow Answer

Which best describes legal realism's beliefs in relation to the discretion within the law?

Correct AnswerverifiedShow Answer

To Devlin, a shared public morality was the bedrock of any society, and without this moral bedrock, the society would collapse.

Correct AnswerverifiedShow Answer

Which best describes Hart's beliefs in relation to the rationale of law?

Correct AnswerverifiedShow Answer

A legal principle is a philosophical proposition that establishes a criterion to use in determining whether an act should be prohibited.

Correct AnswerverifiedShow Answer

Which best describes Devlin's beliefs in relation to the foundation of law?

Correct AnswerverifiedShow Answer

Judges never utilize sentencing guideline tables when deciding the appropriate punishment for an offender.

Correct AnswerverifiedShow Answer

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Society should only ...
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This theory's primary focus is...
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Proponents of this b...
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