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BUL Exam 1 Questions with Complete and Correct Answers

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BUL Exam 1 Questions with Complete and Correct Answers

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BUL Exam 1 Questions with Complete
and Correct Answers


Holmes' View - Answer-Laws are simply rules of conduct that are enforced by the courts.



Blackstone's View - Answer-Prescribed by the supreme power commanding what is right and
prohibiting what is wrong



Hobbesian View - Answer-Men & women submit their right to the state so that the state can protect
their lives and property; negative view of human nature & law should be a restrictive force



Montesquieu - Answer-Power should be limited & no ruler or gov should have absolute power; checks
& balances & separation of powers; influenced the Constitution



John Locke - Answer-Law should extend freedoms & that the rights of individuals should be increased;
influenced the Constitution; individuals have a social contract with each other to respect the rights of
others



George Bernard Shaw - Answer-Most people don't have the time, inclination or ability to reason out
their own moral & ethical codes; so we take historical artifacts & adapt them to our modern way of
living



Civil disobedience - Answer-An act of knowingly breaking the law to make a statement against it (ex.
Henry David Thoreau, Mahatma Gandhi, MLK Jr)

,Brown v. (Topeka) Board of Education - Answer-Ruled that 3 school boards' segregation policies were
unconstitutional; overturned Plessy v. Ferguson



Roe v. Wade - Answer-Rules that a constitutional right to privacy guaranteed a woman's right to an
abortion; was overturned in Dobbs v. Jackson Women's Health Org



T/F people's ethical views change the law more often than law changes people's ethical views - Answer-
True



Purposes of law - Answer-Facilitates deal-making and compromises, requires people to honor their
word, allows people to maintain expectations that others will do what they say, maintains order,
stability, justice, fairness, and equal treatment of people and influences people's conduct



Codes - Answer-Systematic collection of laws



The Code of Hammurabi and the Babylonian Empire - Answer-If a person did an injustice to you, you
had a right to demand of state authorities that this individual have the same injustice done to them;
given to the ruler by Shamash - Sun god



Lex Talionis - Answer-Eye for an eye



The Code of Solon and the Greek Empire - Answer-Laws are a product of human reason and viewed the
law as the rule of the people implemented by those it governed; eliminated that laws come directly
from the gods



The Code of Justinian and the Roman Empire - Answer-Laws were systematized; had an impact on most
of the world; included Civil law being considered one of the two great systems (most prevalent)

, Lex civilis - Answer-Civil law system



The Code of Napoleon and the French Revolution - Answer-Depends heavily on the legislature to write
laws into code



Louisiana - Answer-Is heavily influenced by Napoleonic law - does not rely heavily on common law but
depends on codes written by the legislature



Common law - Answer-(Case/judge-made law) prevalent in English speaking countries



William the Conqueror - Answer-Established the rule of law which would be applied equally to
everyone; developed a court system that emphasized fairness



Law yearbooks - Answer-Kept records and descriptions of the cases and decision



Stare decisis - Answer-"Let the decision stand;" doctrine that requires the precedent to be followed



Commentaries on the Laws of England (William Blackstone) - Answer-Foundation upon which American
law should be based; last great law reference text that we took from the British



The Common Law (Oliver Wendell Holmes Jr) - Answer-Most recent literary work to significantly shape
the common law



Precedent - Answer-Court decision that are binding and have come before the current ones



Crime - Answer-Offense against society at large and goes against a person's responsibility to the
community

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