1. What is the realist argument against rules have definitive outcomes?
- There is no consensus on what rules should contain
- The amount of rules means there is a large amount of support for both sides in a case
- Rules are not always moral so outcomes are unfair
- Judges will deliberately ignore some rules in favour of others
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Other questions in this quiz
2. How do judges really decide cases?
- They have a gut instinct to cases and find material to back this up
- They only apply the law as it is set out in statutes
- They choose the most moral outcome
- The follow public policy
3. Llewellyn disagrees that the sovereign is the law-maker, who does he think decides the law?
- The Public
4. Who agrees with realists that 'rules are not always conclusive' but then says that 'some rules can have an agreed upon meaning'?
- Oliver Wendell-Holmes
5. According to Dworkin, where there is 'confusion about a statute or precedent, there are...?'
- No rules for defining them
- Right and wrong ways to read them
- Never any conclusive answers
- Various methods of interpretation open to the judges