Alexey Venetsianov “Full Scale Class” Semester Test Details

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

Christopher Columbus Langdell

Order, system, simplicity, taxonomy, and original sources

<p>Science</p> Signup and view all the answers

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

<p>Uniquely correct solutions attainable via deductive application of rules</p> Signup and view all the answers

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

<p>Law in practice</p> Signup and view all the answers

<p>From the view of the bad man</p> Signup and view all the answers

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

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

<p>A focus on practical consequences over moral values</p> Signup and view all the answers

<p>As indeterminate and open to interpretation.</p> Signup and view all the answers

<p>To rationalize decisions based on non-legal factors</p> Signup and view all the answers

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

<p>The law</p> Signup and view all the answers

<p>Rules in books</p> Signup and view all the answers

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

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

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

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

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

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

<p>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.</p> Signup and view all the answers

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

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

<p>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.</p> Signup and view all the answers