1. How do judges really decide cases?
- They have a gut instinct to cases and find material to back this up
- The follow public policy
- They only apply the law as it is set out in statutes
- They choose the most moral outcome
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2. Why does Jerome Frank believe that even if rules are clear, outcomes in cases will always be different?
- The findings of judges cannot be predicted
- Judges often disregard rules
- The rules may be clear but not be moral
- Rules do not determine the outcome of a case
3. What is Hart's major criticism of Llewellyn's theory?
- Eternal factors are explanations for judicial decision-making
- It does not fit our legal practices
- It leaves out the normativity of law as being guides to conduct
- Precedents can be interpreted differently
4. What is the traditional view that legal realists seek to challenge?
- Judges should be criticised for departing from standards
- The existing legal doctrine supplies uniquely correct answers to legal problems
- Judges must use their own judgements when deciding cases
- Law must be moral in order to be valid
5. 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