Exam 1: Legal Heritage and the Information Age

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Persons who believe that law is "discovered" by men and women through the use of reasoning and choosing between good and evil adhere to which school of jurisprudential thought?

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A

Influential Civil Codes include the following except:

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C

Evaluate the views of the Critical Legal Studies School of jurisprudence.What are the benefits and drawbacks of using broad notions of fairness in deciding cases?

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An advantage is that decisions might be more flexible in fitting the situation of the case being decided.On the other hand,some judges might not use this discretion properly.Furthermore,by not relying on precedent,there would be much uncertainty in the law.

According to the text,what is the definition of "law?"

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In general,the courts in a civil law system play a much larger role in making law than they do in a common law system.

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Betty believes that she has been discriminated against because of her sexual orientation.Although federal law does not prohibit this discrimination,Mary believes that the law should be changed in order to make the members of society more accepting of gay individuals.Mary's beliefs most closely correspond to which school of jurisprudence?

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A legal system that relies on extensive codes in which judicial decisions do not become law is known as what kind of legal system?

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The Law and Economics School of jurisprudential thought holds that rights are not worth protecting if it is too costly from an economic viewpoint to do so.

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In most states today the law courts and equity courts remain separate so that both legal and equitable remedies can honor the tradition of the English common law court.

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According to Judge Jerome Frank,uncertainty in the law:

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The Command School of jurisprudence believes that the law commands the ruling class; thus the law should not change when there is a change in the ruling class.

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John lives in a large city and desires to start an airport shuttle service.In order to do so,John must go through a complicated permit application and approval process.John believes that this process is in place in order to protect the persons already operating such services.John believes that these rules are arbitrary,and he should be allowed to start his business based on general notions of fairness.John's beliefs most closely correspond to which school of jurisprudence?

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The ________ school of jurisprudence believes that legal rules are unnecessary and used by the powerful to maintain the status quo,and that disputes should be resolved based on general notions of fairness.

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The English Chancery Courts were under the authority of the Lord Chancellor.

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Shaping moral standards is not a function of the law.

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A set of state or federal laws that describes conduct that must be followed by those the set of laws was designed to protect is known as a statute.

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Which branch of government has the authority to determine the validity of a law?

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Proponents of which school(s)of jurisprudential thought are unlikely to adhere to precedent in making decisions?

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The United States Supreme Court decision in Brown v.Board of Education demonstrates that the law's function is to maintain the status quo.

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Barry owns a small software development firm.Barry has an employee who needs special accommodations in order to be able to perform the functions of his job.These accommodations would cost $10,000,an amount that Barry believes is more than he should have to spend.The Americans with Disabilities Act provides that an employer is required to make "reasonable accommodations" for employees with a disability,but does not define what constitutes a "reasonable accommodation." Assume that size of the employer (by some measure)determines the maximum amount of money that would be considered reasonable for a particular employer to be required to spend.Under the principles of stare decisis,which of the following is true?

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