POLS 2350 EXAM WITH CORRECTLY ANSWERED QUESTIONS
Law and Morality - ANSWER bound by law to respect and obey even if morals are
against it
Law and Politics - ANSWER Politics bound by law
Kant - ANSWER law is superior to politics
What is Law: Jerome Frank - ANSWER the law serves as a father substitute
What is Law: Max Weber - ANSWER Judge acts as "an automaton into which legal
documents and fees are stuffed at the top in order
What is Law: Carl Schmitt - ANSWER every legal concept is "infinitely pliable" and all
law is "situational law" - every judicial decision is a political act (legal nihilism)
What is law: Hart's defeatism - ANSWER nothing could provide a satisfactory answer:
Complex concept that is nested in a socio-political reality and interacts with individual
behaviour and collective customs/ traditions
What is Law: Oxford def - ANSWER a rule established in a community by authority and
custom
Entick v. Carrington (1765) - ANSWER sued government for the destruction of his
property
Legal Positivism - ANSWER 4 elements: (1) body of rules (2) enacted and applied by
public officials, (3) formulated by legitimate means, (4) backed by state force
, Natural Law - ANSWER "Higher Law" above man's law - connotations with religion (God
gave men reason)
Natural Law procedural protections - ANSWER no one should be the judge in his own
case & listen to the other side (don't just listen to the state)
Should law reflect justice? (Positivists) - ANSWER not necessarily; law is independent or
morality
Should law reflect justice? (Natural Law) - ANSWER yes, since an unjust law is no law at
all
Held - ANSWER what the court decided
dissenting - ANSWER disagree with majority decision
concurring - ANSWER agree with outcome, disagree with reasoning
plurality - ANSWER most judges but not majority
majority - ANSWER majority of the judges
per curium decision - ANSWER by the court - do not know individual opinions
Public Law - ANSWER constitutional law, criminal law, administrative law, taxation law;
state as a litigate
Private Law - ANSWER contract law, tort law, property law, family law, estate law,
Law and Morality - ANSWER bound by law to respect and obey even if morals are
against it
Law and Politics - ANSWER Politics bound by law
Kant - ANSWER law is superior to politics
What is Law: Jerome Frank - ANSWER the law serves as a father substitute
What is Law: Max Weber - ANSWER Judge acts as "an automaton into which legal
documents and fees are stuffed at the top in order
What is Law: Carl Schmitt - ANSWER every legal concept is "infinitely pliable" and all
law is "situational law" - every judicial decision is a political act (legal nihilism)
What is law: Hart's defeatism - ANSWER nothing could provide a satisfactory answer:
Complex concept that is nested in a socio-political reality and interacts with individual
behaviour and collective customs/ traditions
What is Law: Oxford def - ANSWER a rule established in a community by authority and
custom
Entick v. Carrington (1765) - ANSWER sued government for the destruction of his
property
Legal Positivism - ANSWER 4 elements: (1) body of rules (2) enacted and applied by
public officials, (3) formulated by legitimate means, (4) backed by state force
, Natural Law - ANSWER "Higher Law" above man's law - connotations with religion (God
gave men reason)
Natural Law procedural protections - ANSWER no one should be the judge in his own
case & listen to the other side (don't just listen to the state)
Should law reflect justice? (Positivists) - ANSWER not necessarily; law is independent or
morality
Should law reflect justice? (Natural Law) - ANSWER yes, since an unjust law is no law at
all
Held - ANSWER what the court decided
dissenting - ANSWER disagree with majority decision
concurring - ANSWER agree with outcome, disagree with reasoning
plurality - ANSWER most judges but not majority
majority - ANSWER majority of the judges
per curium decision - ANSWER by the court - do not know individual opinions
Public Law - ANSWER constitutional law, criminal law, administrative law, taxation law;
state as a litigate
Private Law - ANSWER contract law, tort law, property law, family law, estate law,
