Alexey Venetsianov “Full Scale Class” Semester Test Details

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What is the main critique of legal realism according to the text?

Deep scepticism about the model of rules and any general abstract theory of the law

Who is credited with the development of formalist orthodoxy in law?

Christopher Columbus Langdell

What concept did Langdell associate with the science of law?

Order, system, simplicity, taxonomy, and original sources

What was Langdell's approach to law based on?

Science Signup and view all the answers

According to Twining, what did Langdell believe the science of law involved?

Search for a system of general, logically consistent principles built from the study of cases Signup and view all the answers

What did the prevailing view in the context of realist scholarship suggest about legal problem solutions?

Uniquely correct solutions attainable via deductive application of rules Signup and view all the answers

What is the key precept of American Legal Realism?

The law is indeterminate and crowded with opportunities for discretionary judgment. Signup and view all the answers

What is the main focus of Realism in legal theory?

Law in practice Signup and view all the answers

According to Realism, how should law be understood?

From the view of the bad man Signup and view all the answers

According to American Legal Realism, what do judges bring to the bench?

Judges bring life experiences, philosophies, habits of thought, cultural values, personality traits, and intellectual prowess. Signup and view all the answers

What distinguishes American Legal Realism from traditional legal theories?

American Legal Realism challenges the idea of neutral and pre-determined legal principles. Signup and view all the answers

What does the 'bad man metaphor' represent in Realism?

A focus on practical consequences over moral values Signup and view all the answers

How does American Legal Realism view the concept of law?

As indeterminate and open to interpretation. Signup and view all the answers

How do Realists view the role of legal rules in decision-making?

To rationalize decisions based on non-legal factors Signup and view all the answers

What is the role of judges according to American Legal Realism?

To exercise discretionary judgment based on their personal backgrounds and experiences. Signup and view all the answers

What does Holmes mean by 'The prophecies of what the courts will do in fact'?

The law Signup and view all the answers

In contrast to 'law in practice', what does 'law as written down' refer to?

Rules in books Signup and view all the answers

What does American Legal Realism suggest about the nature of legal decision-making?

It emphasizes the human element and subjective factors in legal decision-making. Signup and view all the answers

Explain the concept of fact-scepticism in the context of law.

Fact-scepticism in law refers to the idea that the 'facts' as determined by judges or juries may not align with the actual truth due to factors like unreliable witnesses, memory issues, and the aggressive nature of legal processes. Signup and view all the answers

What is the indeterminacy argument in law?

The indeterminacy argument posits that legal rules do not always lead to uniquely correct legal outcomes, as there can be multiple potentially relevant rules, conflicting interpretations of statutes, and precedent. Signup and view all the answers

According to the realist perspective, what role should judges play in legal decision-making?

Realists argue that judges should openly adopt a law-making role and consider social and economic questions in their decisions. Signup and view all the answers

How does Holmes characterize legal rules in relation to concrete cases?

Holmes states that general propositions (legal rules) do not decisively resolve concrete cases (factual problems before the court). Signup and view all the answers

What are some factors that contribute to the difficulty of fact-finding in legal processes?

Hazy witness observations, memory issues, aggressive cross-examination, oratory style of lawyers, unreliable witnesses, judge responses, and lawyer bias. Signup and view all the answers

How do legal realists view the relationship between law and policy?

Legal realists argue that law is intertwined with social and economic policy considerations and judges should address these openly in their decisions. Signup and view all the answers

What is the main contention of the indeterminacy thesis in law?

The indeterminacy thesis argues that legal rules do not always lead to a single correct legal outcome due to potentially conflicting interpretations of rules and precedents. Signup and view all the answers

How do realists view the role of judges in legal decision-making?

Realists believe that judges should openly engage in law-making and consider social and economic factors in their decisions. Signup and view all the answers

Explain the significance of unreliable witnesses in the context of fact-scepticism in law.

Unreliable witnesses can contribute to discrepancies between the 'facts' presented in court and the actual truth, raising doubts about the accuracy of legal outcomes. Signup and view all the answers

How does conflicting interpretations of statutes and precedents contribute to the indeterminacy of law?

Conflicting interpretations of statutes and precedents can lead to multiple potentially relevant rules in legal disputes, making it difficult to arrive at a single correct legal outcome. Signup and view all the answers