Legal Realism

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

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

  • It leaves out the normativity of law as being guides to conduct
  • Eternal factors are explanations for judicial decision-making
  • It does not fit our legal practices
  • Precedents can be interpreted differently
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2. According to Oliver Wendell-Holmes, who must we look at the law as?

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

3. 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

4. What are the two styles of common law judges reasoning put forward by Llewellyn?

  • Grand and Formal
  • Reasoned and Valued
  • Democratic and Non-Democratic
  • Deductive and Inductive

5. The judicial task originally involved...?

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

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