Legal Realism

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  • Created by: Launston
  • Created on: 12-05-14 17:48

1. Llewellyn distinguishes between which kinds of rules?

  • Established rules and Temporary rules
  • Moral rules and Legal rules
  • Real rules and Paper rules
  • Sovereign rules and Judge-made rules
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2. Llewellyn disagrees that the sovereign is the law-maker, who does he think decides the law?

  • Judiciary
  • The Public
  • Executive
  • Legislature

3. What is the realist argument against rules have definitive outcomes?

  • The amount of rules means there is a large amount of support for both sides in a case
  • Judges will deliberately ignore some rules in favour of others
  • Rules are not always moral so outcomes are unfair
  • There is no consensus on what rules should contain

4. Why does Jerome Frank believe that even if rules are clear, outcomes in cases will always be different?

  • Judges often disregard rules
  • The rules may be clear but not be moral
  • The findings of judges cannot be predicted
  • Rules do not determine the outcome of a case

5. '...' do not determine '...'?

  • Moral tests, legal rules
  • General propositions, concrete cases
  • Concrete rules, general cases
  • Legal tests, moral rules

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