LGS Exam 1
___ courts were allowed to give equitable remedies under the English common law
Chancery
The ___ School of Jurisprudence believes that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology
Command
English ___ law was developed by judges, who issued their opinions when deciding cases. The principles in these cases became precedent for later judges deciding similar cases.
Common
The ___ School of Jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo
Critical Legal Studies
Whats true about the early development of English common law?
Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts
Which is NOT a primary function of law in the United States?
Establishing uniform principles of individual morality
Laws that are enacted only after considerable study, debate, and public input are an example of which function of the law?
Facilitating orderly change
The securities and exchange commission is an example of a ___
Federal administrative agency
What legal scholars look to past legal decisions (precedent) to solve contemporary problems, it is an example of which school of jurisprudence?
Historical School
Laws that make certain activities crimes are an example of which function of the law?
Keeping the peace
___ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force
Law
The ___ School of Jurisprudence believes that promoting market efficiency should be the central goal of legal decision making
Law and Economics
Which of the following Schools of Jurisprudential thought might suggest that the federal governments policy of subsidized housing provides incentives resulting in too many homes being built?
Law and Economics
Which of the following are categories of courts that established English common law?
Law, equity, and merchant
The US law evolves and changes along with everything except
Misuses and oversights of our legal system
The ___ School of Jurisprudence asserts that the law should be based on morality and ethics
Natural Law
An ___ is a law enacted by local government bodies, such as cities and municipalities, counties, school districts, and water districts
Ordinance
Laws that allow for the settlement of cases prior to trial are an example of which function of the law?
Providing a basis for compromise
The ___ School of Jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals
Sociological
A ___ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere
Statute
___ the supreme law of the US
The US Constitution
What was the main reason for the creation of law courts by William the Conqueror during the early development of the English common law?
To administer the law in a uniform manner
What was the main reason for the establishment of chancery courts during the development of the English common law?
To eliminate unfair results and limited remedies of law courts
which of the following is an example fo the socratic method of teaching?
asking students questions about a case or legal issue
which of the following is an incorrect statement regarding law and ethics?
businesses organized in the US are not subject to the laws of other countries in which they operate
the universal rules of kantian ethics are based on which of the following 2 important principles?
consistency and reversibility
___ improves a persons problem solving skills and helps him or her to make clear, logical, rational, and well reasoned conclusions and judgements
critical legal thinking
if a person looks to the bible or koran for ethical rules or commands, this is an example of
ethical fundamentalism
if a person looks to the karl marx for ethical rules or commands, this is an example of
ethical fundamentalism
under ___, a person looks to an outside source for ethical rules or commands
ethical fundamentalism
ethics and law are
intertwined
which of the following is an incorrect statement regarding Kantian ethics?
kant believed that people owe moral duties that are based on conditional rules
___ is also called duty ethics
kantian ethics
according to ___, people owe moral duties that are based on universal rules
kantian ethics
the US has addressed the environment that resulted from the information age in all of the following except
limiting the use of digital technologies by the government
___ means "to stand by the decision"
stare decisis
The Texas natural resources code is an example of a
state statute
which of the following is an incorrect statement regarding ethical fundamentalism?
under ethical fundamentalism, the people must choose the action or follow the rule that provides the greatest good to society
___ dictates that people must choose the action or follow the rule that provides the greatest good to society
utilitarianism
___ is a moral theory with origins in the works of Jeremy Bentham and John Stuart Mill
utilitarianism
a company is trying to determine whether it should close an unprofitable plant located in a small community. ___ would require that the benefits to shareholders from closing plant be compared with the benefits to employees, their families, and others in the community from keeping it open
utilitarianism
if an action would increase the good of 25 people by one unit each and an alternative would increase the good of one person taken by 26 units, then, according to ___, the latter action should be taken
utilitarianism
which of the following is an incorrect statement regarding utilitarianism?
utilitarianism dictates that people must choose the action or follow the rule that provides the greatest good to society. this means the greatest good for the greatest number of people
which of the following is not a relevant question according to the IRAC method of critical thinking?
which executive nominated the judge presiding over the case?
