CJL 3038 EXAM QUESTIONS AND
ANSWERS. VERIFIED 2025/2026.
Cardozo's definition of law - ANS A principle of rule of conduct so established as to justify a
prediction with reasonable certainty that it will be enforced by the courts if its authority is
challenged
Max Weber - ANS An order will be called a law if it is externally guaranteed by the probability
that coercion (physical or psychological), to bring about the conformity or avenge violation, will
be applied by a staff of people holding themselves especially ready for that purpose From notes:
"Pressures to comply must be external, and must involve coercion or force, while an official
force must be present to apply this force"
Donald Black's definition of law - ANS Law is essentially governmental social control - law is
the normative life of a state and its citizens, such as legislation, litigation and adjudication" He
also states that several types of law can exist in any society. From notes: Law enforces conduct
and protects government/ laws that can be MEASURED
Black's Accusatory styles (Penal) - ANS The deviant is a violator of a prohibition and an
offender to be subjected to the condemnation and punishment
Black's Accusatory styles ( Compensatory) - ANS A person is considered to have a contractual
obligation, and therefore owes the victim restitution
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, Holmes - ANS law is predictable and sets precedence - we operate under precedence "the
prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by
the law
Black's remedial styles (Therapeutic) - ANS The deviant's conduct is defined as abnormal; the
person needs help (more than one of these may appear in any given conflict)
Black's remedial styles (Conciliatory) - ANS Deviant behavior is one side of a social conflict in
need of resolution with no right or wrong (more than one of these may appear in any given
conflict)
Other definitions - ANS Systems of rules and regulations, forums for value inquiry, regime for
the resolution of conflict, reflection of popular will, regimes to preserve inequality and denial of
freedom (i.e. the story about the opium ban and chinese railroad workers)
Commonalities of these definitions - ANS The paramount function of law is to regulate and
constrain the behavior of individuals in their relationships with one another. formal system
embodying specific rules of conduct. A guide for action or inaction. Without interpretation and
enforcement, law would remain meaningless
Parable of the Map concept - ANS What is said to be wise rules out what could be important
FROM NOTES: different approaches give us the pieces of the puzzle, and used better in some
instances. If you have one definition, events are shaped to take that definition, causing tunnel
vision. These initial definitions give us a good starting point for studying the law.
Consensus Paradigm - ANS Though interests in society often differ, the building of consensus
is essential to secure and maintain order
The primary function of a legal system is integrity. It serves to mitigate potential elements of
conflict and to 'oil the machinery of social intercourse'
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
ANSWERS. VERIFIED 2025/2026.
Cardozo's definition of law - ANS A principle of rule of conduct so established as to justify a
prediction with reasonable certainty that it will be enforced by the courts if its authority is
challenged
Max Weber - ANS An order will be called a law if it is externally guaranteed by the probability
that coercion (physical or psychological), to bring about the conformity or avenge violation, will
be applied by a staff of people holding themselves especially ready for that purpose From notes:
"Pressures to comply must be external, and must involve coercion or force, while an official
force must be present to apply this force"
Donald Black's definition of law - ANS Law is essentially governmental social control - law is
the normative life of a state and its citizens, such as legislation, litigation and adjudication" He
also states that several types of law can exist in any society. From notes: Law enforces conduct
and protects government/ laws that can be MEASURED
Black's Accusatory styles (Penal) - ANS The deviant is a violator of a prohibition and an
offender to be subjected to the condemnation and punishment
Black's Accusatory styles ( Compensatory) - ANS A person is considered to have a contractual
obligation, and therefore owes the victim restitution
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, Holmes - ANS law is predictable and sets precedence - we operate under precedence "the
prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by
the law
Black's remedial styles (Therapeutic) - ANS The deviant's conduct is defined as abnormal; the
person needs help (more than one of these may appear in any given conflict)
Black's remedial styles (Conciliatory) - ANS Deviant behavior is one side of a social conflict in
need of resolution with no right or wrong (more than one of these may appear in any given
conflict)
Other definitions - ANS Systems of rules and regulations, forums for value inquiry, regime for
the resolution of conflict, reflection of popular will, regimes to preserve inequality and denial of
freedom (i.e. the story about the opium ban and chinese railroad workers)
Commonalities of these definitions - ANS The paramount function of law is to regulate and
constrain the behavior of individuals in their relationships with one another. formal system
embodying specific rules of conduct. A guide for action or inaction. Without interpretation and
enforcement, law would remain meaningless
Parable of the Map concept - ANS What is said to be wise rules out what could be important
FROM NOTES: different approaches give us the pieces of the puzzle, and used better in some
instances. If you have one definition, events are shaped to take that definition, causing tunnel
vision. These initial definitions give us a good starting point for studying the law.
Consensus Paradigm - ANS Though interests in society often differ, the building of consensus
is essential to secure and maintain order
The primary function of a legal system is integrity. It serves to mitigate potential elements of
conflict and to 'oil the machinery of social intercourse'
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
