Other questions in this quiz

2. What is Hart's major criticism of Llewellyn's theory?

  • Precedents can be interpreted differently
  • Eternal factors are explanations for judicial decision-making
  • It leaves out the normativity of law as being guides to conduct
  • It does not fit our legal practices

3. According to Oliver Wendell-Holmes, who must we look at the law as?

  • The law-maker
  • The bad man
  • The good man
  • The moral man

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

  • Rules are not always moral so outcomes are unfair
  • 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
  • There is no consensus on what rules should contain

5. The judicial task originally involved...?

  • Only applying the Law which is present in statutes
  • Going beyond their powers and making new Law where Parliament has failed to act
  • The mechanical, uncontroversial derivation of legal conclusions without regard to consequences
  • Using their own moral judgements to decide cases


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