BUL 4310 EXAM 1 STUDY QUESTIONS
Hobbes - Answer -People are selfish and denied that they're naturally social beings.
They need an all-powerful sovereign rule to put them in check.
Law is the social construct that should provide stability, order, and security. Law is order
"Every man is a wolf to every other man"
pg: 6
SN: pg: 4
Miranda v. Arizona - Answer -You have to know your rights before you can waive them
(give them up) (Only required if an officer asks a question)
1. Right to remain silent
2. Anything you say can be used as evidence against you
3. You have the right to speak to an attorney before and during being questioned
4. If you can't afford an attorney, you have the right to have an attorney appointed prior
to questioning
5. Do you understand these rights?
6. Understanding these rights, do you wish to answer my questions?
(A person can argue that their confession wasn't voluntary, but if police took proper
procedures it'll be hard to win)
Pg: 2-3
Q: 8, 66, 85
Case Citations - Answer -Ex: Brown v. Board of Education, 347 U.S. 483 (1954)
1. Brown is the (appellent) who appealed a lower court decision, was plaintiff(brings
case against someone else) at the trial, or both
2. Board of Education is the (appellee) who was appealed against(won the lower court
decision), was the defendant at the trial, or both
3. 347 U.S. 483 means official court decision is in the 347th volume of U.S. Reports
starting at pg 483.
(If 483 has a comma and a number (e.g. 505), the quotation or paraphrasing derives
from the court opinion at pg 505)
4. 1954 is when the court made its decision. (Only U.S. Supreme Court Cases don't
need an indication of the court that issued the opinion within the parentheses)
pg: 3
SN: 15-16
Q: 67
,Alexis de Tocqueville (1805-1859) - Answer -Hardly a political question in the U.S.
which doesn't sooner or later become a political one.
All citizens should have a basic understanding of the law and legal system.
pg: 4
A. Barlett Giamatti - Answer -Law isn't simply a set of forensic or procedural skills. It's a
vast body of knowledge which draws from many disciplines.
pg. 4
Law - Answer -Body of principles, standards, and rules which the courts apply in the
decision of controversies before them.
A mechanism for humans to order their lives and force adherence to socially acceptable
norms.
pg: 4
Soft Law - Answer -Little likelihood of consequences in the event of a breach.
pg: 6
Hard Law - Answer -Well established with remedies for breach known to all if available.
(There's actually a punishment)
pg: 6
Latin - Answer -Roman law was written in Latin. Even after the Roman Empire fell,
England, America, France, etc. used it.
pg: 6-7
Montesquieu - Answer -Believes separating legislative, executive, and judicial powers
of government. He also wrote Spirit of Laws. (inspired U.S. Constitution)
Defined three main kinds of government:
Republican: If broad citizen rights, democratic republics. If narrow then aristocratic
republics)
Monarchical: fixed set of laws can restrain ruler's authority)
Despotism: when there aren't legal restraints the ruler
(Political liberty is impossible in despotic, but possible in republics and monarchies)
pg: 7
SN: pg: 4
Q: 76
Locke - Answer -Law isn't to abolish or restrain, but to preserve and enlarge freedom
(influenced the U.S Constitution)
,Law should assist people to pursue their full measure of freedom. They retain
inalienable rights. All states should protect rights.
pg: 7-8
SN: pg: 4
Q: 19
Blackstone - Answer -Rule of civil conduct prescribed by supreme power in state
commands what's right and prohibits what's wrong
(superior commands and inferior is bound to obey)
Best summary of the law which we took from the British.
pg: 8, 17
SN: pg: 4
Q: 18
Fuller's Eight Criteria of Law - Answer -1. Generality: Rules should prohibit or permit
behavior of certain kinds and apply generally
2. Publicity: Laws must be publicly accessible so citizens know the law.
3. Non-retroactivity: New laws should only apply to future behavior, not previous ones
4. Clarity: Laws must be understandable
5. Non-contradiction: Laws must not contradict each other
6. Compilability: Laws must not require something that is physically or psychologically
impossible.
7. Constancy: Laws shouldn't change too rapidly
8. Congruity: Actual administration of the laws must be consistent with the laws
themselves.
pg: 9
George Bernard Shaw (1856-1950) - Answer -Law is meant to decide things for us so
we can think of other things and so we know what others do.
I drive in the left lane because I count on others being on the right lane so we don't
crash.
pg: 10
SN: pg: 5
Morals Affecting the Law - Answer -1. Slavery: Morality led to war and change in laws
2. Sexual Harassment: consensus its wrong
3. Attitudes towards smoking: immoral cause secondhand smoking
4. Attitudes towards drunk driving: Immoral cause it's dangerous
pg: 10
Henry David Thoreau (1817-1862) - Answer -Opposed slavery and the Mexican War;
therefore refused to pay his poll tax and spent a night in jail
pg: 11
, Mohandas Gandhi (1869-1948) - Answer -Helped bring India to independence from
Britain
pg: 11
Martin Luther King Jr. (1929-1968) - Answer -Leader of American Civil Rights
Movement defying legally mandated segregation
pg: 11
Brown v. Board of Education - Answer -Court unanimously ruled against "separate but
equal" public schools segregated by race. Took awhile for public to agree.
pg: 11
SN: 6
Q: 2
Roe v. Wade - Answer -U.S. supreme court finds a constitutional right to choose to
have an abortion during 1st trimester and subject to some regulation in 2nd trimester.
pg: 11
SN: 6
Code - Answer -Collection of laws into a single, organic whole. These are a collection
of statutes enacted by legislative bodies, including Congress and state legislatures.
pg. 12
Q: 21
Q: 62
Code of Hammurabi and the Babylonian Empire - Answer -Purpose to cause justice to
prevail, prevent the strong from oppressing the weak, enlighten the land and to further
the welfare of the people. (Not the first code, but built upon what came before it in
ancient Mesopotamia)
Believes in lex talionis and came from the Babylonian Sun God Shamash (Very hard to
challenge these laws)
pg: 13
SN: 7
Q: 23
Lex Talionis - Answer -Puts limits on the scope of vengeance.
"If a man destroys another man's eye, his eye shall be destroyed in return"
pg: 13
SN: 7
Q: 58, 74
Hobbes - Answer -People are selfish and denied that they're naturally social beings.
They need an all-powerful sovereign rule to put them in check.
Law is the social construct that should provide stability, order, and security. Law is order
"Every man is a wolf to every other man"
pg: 6
SN: pg: 4
Miranda v. Arizona - Answer -You have to know your rights before you can waive them
(give them up) (Only required if an officer asks a question)
1. Right to remain silent
2. Anything you say can be used as evidence against you
3. You have the right to speak to an attorney before and during being questioned
4. If you can't afford an attorney, you have the right to have an attorney appointed prior
to questioning
5. Do you understand these rights?
6. Understanding these rights, do you wish to answer my questions?
(A person can argue that their confession wasn't voluntary, but if police took proper
procedures it'll be hard to win)
Pg: 2-3
Q: 8, 66, 85
Case Citations - Answer -Ex: Brown v. Board of Education, 347 U.S. 483 (1954)
1. Brown is the (appellent) who appealed a lower court decision, was plaintiff(brings
case against someone else) at the trial, or both
2. Board of Education is the (appellee) who was appealed against(won the lower court
decision), was the defendant at the trial, or both
3. 347 U.S. 483 means official court decision is in the 347th volume of U.S. Reports
starting at pg 483.
(If 483 has a comma and a number (e.g. 505), the quotation or paraphrasing derives
from the court opinion at pg 505)
4. 1954 is when the court made its decision. (Only U.S. Supreme Court Cases don't
need an indication of the court that issued the opinion within the parentheses)
pg: 3
SN: 15-16
Q: 67
,Alexis de Tocqueville (1805-1859) - Answer -Hardly a political question in the U.S.
which doesn't sooner or later become a political one.
All citizens should have a basic understanding of the law and legal system.
pg: 4
A. Barlett Giamatti - Answer -Law isn't simply a set of forensic or procedural skills. It's a
vast body of knowledge which draws from many disciplines.
pg. 4
Law - Answer -Body of principles, standards, and rules which the courts apply in the
decision of controversies before them.
A mechanism for humans to order their lives and force adherence to socially acceptable
norms.
pg: 4
Soft Law - Answer -Little likelihood of consequences in the event of a breach.
pg: 6
Hard Law - Answer -Well established with remedies for breach known to all if available.
(There's actually a punishment)
pg: 6
Latin - Answer -Roman law was written in Latin. Even after the Roman Empire fell,
England, America, France, etc. used it.
pg: 6-7
Montesquieu - Answer -Believes separating legislative, executive, and judicial powers
of government. He also wrote Spirit of Laws. (inspired U.S. Constitution)
Defined three main kinds of government:
Republican: If broad citizen rights, democratic republics. If narrow then aristocratic
republics)
Monarchical: fixed set of laws can restrain ruler's authority)
Despotism: when there aren't legal restraints the ruler
(Political liberty is impossible in despotic, but possible in republics and monarchies)
pg: 7
SN: pg: 4
Q: 76
Locke - Answer -Law isn't to abolish or restrain, but to preserve and enlarge freedom
(influenced the U.S Constitution)
,Law should assist people to pursue their full measure of freedom. They retain
inalienable rights. All states should protect rights.
pg: 7-8
SN: pg: 4
Q: 19
Blackstone - Answer -Rule of civil conduct prescribed by supreme power in state
commands what's right and prohibits what's wrong
(superior commands and inferior is bound to obey)
Best summary of the law which we took from the British.
pg: 8, 17
SN: pg: 4
Q: 18
Fuller's Eight Criteria of Law - Answer -1. Generality: Rules should prohibit or permit
behavior of certain kinds and apply generally
2. Publicity: Laws must be publicly accessible so citizens know the law.
3. Non-retroactivity: New laws should only apply to future behavior, not previous ones
4. Clarity: Laws must be understandable
5. Non-contradiction: Laws must not contradict each other
6. Compilability: Laws must not require something that is physically or psychologically
impossible.
7. Constancy: Laws shouldn't change too rapidly
8. Congruity: Actual administration of the laws must be consistent with the laws
themselves.
pg: 9
George Bernard Shaw (1856-1950) - Answer -Law is meant to decide things for us so
we can think of other things and so we know what others do.
I drive in the left lane because I count on others being on the right lane so we don't
crash.
pg: 10
SN: pg: 5
Morals Affecting the Law - Answer -1. Slavery: Morality led to war and change in laws
2. Sexual Harassment: consensus its wrong
3. Attitudes towards smoking: immoral cause secondhand smoking
4. Attitudes towards drunk driving: Immoral cause it's dangerous
pg: 10
Henry David Thoreau (1817-1862) - Answer -Opposed slavery and the Mexican War;
therefore refused to pay his poll tax and spent a night in jail
pg: 11
, Mohandas Gandhi (1869-1948) - Answer -Helped bring India to independence from
Britain
pg: 11
Martin Luther King Jr. (1929-1968) - Answer -Leader of American Civil Rights
Movement defying legally mandated segregation
pg: 11
Brown v. Board of Education - Answer -Court unanimously ruled against "separate but
equal" public schools segregated by race. Took awhile for public to agree.
pg: 11
SN: 6
Q: 2
Roe v. Wade - Answer -U.S. supreme court finds a constitutional right to choose to
have an abortion during 1st trimester and subject to some regulation in 2nd trimester.
pg: 11
SN: 6
Code - Answer -Collection of laws into a single, organic whole. These are a collection
of statutes enacted by legislative bodies, including Congress and state legislatures.
pg. 12
Q: 21
Q: 62
Code of Hammurabi and the Babylonian Empire - Answer -Purpose to cause justice to
prevail, prevent the strong from oppressing the weak, enlighten the land and to further
the welfare of the people. (Not the first code, but built upon what came before it in
ancient Mesopotamia)
Believes in lex talionis and came from the Babylonian Sun God Shamash (Very hard to
challenge these laws)
pg: 13
SN: 7
Q: 23
Lex Talionis - Answer -Puts limits on the scope of vengeance.
"If a man destroys another man's eye, his eye shall be destroyed in return"
pg: 13
SN: 7
Q: 58, 74
