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. How do judges really decide cases?

  • They choose the most moral outcome
  • The follow public policy
  • 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

3. 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

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

  • Judiciary
  • Executive
  • Legislature
  • The Public

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

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