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6. Llewellyn disagrees that the sovereign is the law-maker, who does he think decides the law?

  • Legislature
  • The Public
  • Judiciary
  • Executive

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

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

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

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

9. Who agrees with realists that 'rules are not always conclusive' but then says that 'some rules can have an agreed upon meaning'?

  • Dworkin
  • Oliver Wendell-Holmes
  • Hart
  • Llewellyn

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

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

11. What is the traditional view that legal realists seek to challenge?

  • The existing legal doctrine supplies uniquely correct answers to legal problems
  • Law must be moral in order to be valid
  • Judges must use their own judgements when deciding cases
  • Judges should be criticised for departing from standards

12. According to Dworkin, where there is 'confusion about a statute or precedent, there are...?'

  • Right and wrong ways to read them
  • Never any conclusive answers
  • No rules for defining them
  • Various methods of interpretation open to the judges

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

  • There is no consensus on what rules should contain
  • Judges will deliberately ignore some rules in favour of others
  • 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

14. Llewellyn distinguishes between which kinds of rules?

  • Sovereign rules and Judge-made rules
  • Real rules and Paper rules
  • Moral rules and Legal rules
  • Established rules and Temporary rules

15. '...' do not determine '...'?

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