Podcast
Questions and Answers
The principle of non-retroactivity protects individuals from being punished for behavior that was not illegal at the time it was committed. Rex made laws that were applied ______, punishing people for actions that were legal at the time they were done.
The principle of non-retroactivity protects individuals from being punished for behavior that was not illegal at the time it was committed. Rex made laws that were applied ______, punishing people for actions that were legal at the time they were done.
retroactively
Retroactive laws violate the principle of legal ______ and undermine trust in the law.
Retroactive laws violate the principle of legal ______ and undermine trust in the law.
certainty
Clarity in law ensures that individuals know what is ______ of them and that the laws are applied consistently.
Clarity in law ensures that individuals know what is ______ of them and that the laws are applied consistently.
expected
Rex wrote laws that were so confusing that even legal experts couldn’t agree on what they ______.
Rex wrote laws that were so confusing that even legal experts couldn’t agree on what they ______.
Laws must not contradict each ______.
Laws must not contradict each ______.
Rex issued contradictory laws, which meant that people were simultaneously required to do one thing and ______ from doing the same thing.
Rex issued contradictory laws, which meant that people were simultaneously required to do one thing and ______ from doing the same thing.
Laws must be possible to follow. If laws require individuals to do things that are impossible or overly ______, then the legal system becomes oppressive.
Laws must be possible to follow. If laws require individuals to do things that are impossible or overly ______, then the legal system becomes oppressive.
Non-contradiction ensures ______ within the legal system.
Non-contradiction ensures ______ within the legal system.
The judge in an inquisitorial system is responsible for uncovering the ______ rather than just overseeing the contest between parties.
The judge in an inquisitorial system is responsible for uncovering the ______ rather than just overseeing the contest between parties.
A trial by jury typically involves a group of ordinary citizens, usually ______, tasked with determining the facts of a case.
A trial by jury typically involves a group of ordinary citizens, usually ______, tasked with determining the facts of a case.
One main purpose of a jury is to introduce community ______ into the judicial process.
One main purpose of a jury is to introduce community ______ into the judicial process.
Jurors are usually selected through random public ______ from voter registration or other public records.
Jurors are usually selected through random public ______ from voter registration or other public records.
Judges should be appointed based on merit, legal expertise, and a commitment to judicial ______.
Judges should be appointed based on merit, legal expertise, and a commitment to judicial ______.
A judicial selection ______ could assess candidates' qualifications and recommend appointments.
A judicial selection ______ could assess candidates' qualifications and recommend appointments.
Judges should be required to retire at a set age, such as ______, to ensure a dynamic judiciary.
Judges should be required to retire at a set age, such as ______, to ensure a dynamic judiciary.
Chief Justice Roberts emphasizes that judges are merely applying the law, not ______ it.
Chief Justice Roberts emphasizes that judges are merely applying the law, not ______ it.
Private law deals with mutual relations between ______.
Private law deals with mutual relations between ______.
Property law governs ownership rights and interests in real and personal ______.
Property law governs ownership rights and interests in real and personal ______.
Contract law deals with agreements between ______.
Contract law deals with agreements between ______.
Tort law provides remedies for individuals harmed by the actions or ______ of others.
Tort law provides remedies for individuals harmed by the actions or ______ of others.
Family law addresses legal issues related to family matters, such as marriage, divorce, child custody, and ______.
Family law addresses legal issues related to family matters, such as marriage, divorce, child custody, and ______.
European Union law includes treaties between ______ states.
European Union law includes treaties between ______ states.
Substantive law outlines what people can and cannot ______.
Substantive law outlines what people can and cannot ______.
Examples of substantive law include laws defining ______, regulations on property ownership, and rules governing contracts.
Examples of substantive law include laws defining ______, regulations on property ownership, and rules governing contracts.
Judges are likened to ______ who 'call balls and strikes.'
Judges are likened to ______ who 'call balls and strikes.'
Martin Shapiro argues in 'Judges as ______' that judges shape the law through interpretation.
Martin Shapiro argues in 'Judges as ______' that judges shape the law through interpretation.
Judges' decisions can be influenced by personal or ______ factors.
Judges' decisions can be influenced by personal or ______ factors.
The myth of judicial ______ fosters public trust in the legal system.
The myth of judicial ______ fosters public trust in the legal system.
Judicial legitimacy depends on accountability, transparent ______, and the justification of decisions.
Judicial legitimacy depends on accountability, transparent ______, and the justification of decisions.
Judges gain legitimacy by their ability to explain and defend their ______.
Judges gain legitimacy by their ability to explain and defend their ______.
Judicial legitimacy is built on reasoned decisions grounded in law and public ______.
Judicial legitimacy is built on reasoned decisions grounded in law and public ______.
Chief Justice John Roberts emphasizes that judges are legitimate because they apply the law, not ______ it.
Chief Justice John Roberts emphasizes that judges are legitimate because they apply the law, not ______ it.
Martin Shapiro contends that judges often shape the law through their ______, challenging the idea of pure impartiality.
Martin Shapiro contends that judges often shape the law through their ______, challenging the idea of pure impartiality.
Shapiro sees the myth of ______ as necessary to sustain public trust in the judiciary.
Shapiro sees the myth of ______ as necessary to sustain public trust in the judiciary.
In common law traditions, judicial legitimacy is heavily tied to the idea of ______.
In common law traditions, judicial legitimacy is heavily tied to the idea of ______.
In civil law systems, judges are seen as ______ rather than creators of law.
In civil law systems, judges are seen as ______ rather than creators of law.
Judges fill gaps in the law through ______, allowing them to adapt to new circumstances.
Judges fill gaps in the law through ______, allowing them to adapt to new circumstances.
The degree of ______ and the process of reasoning they use in their decisions further solidify their legitimacy.
The degree of ______ and the process of reasoning they use in their decisions further solidify their legitimacy.
In Williams v. Walker-Thomas Furniture Co., Ms. Williams bought household items on ______ plans.
In Williams v. Walker-Thomas Furniture Co., Ms. Williams bought household items on ______ plans.
The contract in Williams v. Walker-Thomas included a 'cross-collateral' ______, allowing repossession of all items if payments defaulted.
The contract in Williams v. Walker-Thomas included a 'cross-collateral' ______, allowing repossession of all items if payments defaulted.
Fuller identified eight principles that a legal system must follow: generality, publicity, non-retroactivity, clarity, consistency, possibility of compliance, stability, and ______.
Fuller identified eight principles that a legal system must follow: generality, publicity, non-retroactivity, clarity, consistency, possibility of compliance, stability, and ______.
Fuller’s account is often seen as a middle ground between natural law and legal ______.
Fuller’s account is often seen as a middle ground between natural law and legal ______.
Fuller argues that law cannot be effective without an inherent ______ structure.
Fuller argues that law cannot be effective without an inherent ______ structure.
The ______ case illustrates how unclear or inconsistent laws undermine legal certainty.
The ______ case illustrates how unclear or inconsistent laws undermine legal certainty.
In 2024, the government legalized ______, creating a regulated market for new businesses.
In 2024, the government legalized ______, creating a regulated market for new businesses.
When the law was reversed in 2030, judges prosecuted the Elves for actions that were previously ______.
When the law was reversed in 2030, judges prosecuted the Elves for actions that were previously ______.
Proper rule of law requires laws to be clear, stable, and not ______ applied.
Proper rule of law requires laws to be clear, stable, and not ______ applied.
The indicators of the rule of law can measure aspects like legal ______, but they have limitations.
The indicators of the rule of law can measure aspects like legal ______, but they have limitations.
Flashcards
Fuller's Principles of Law
Fuller's Principles of Law
Fuller's principles promote a fair, predictable, and understandable legal system. They ensure people know what is expected of them and how to comply.
Generality in Law
Generality in Law
This principle emphasizes the general application of laws, meaning they should apply to everyone equally.
Publicity in Law
Publicity in Law
This principle requires laws to be publicly available and accessible to all citizens.
Non-retroactivity in Law
Non-retroactivity in Law
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Clarity in Law
Clarity in Law
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Consistency in Law
Consistency in Law
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Possibility of Compliance
Possibility of Compliance
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Stability in Law
Stability in Law
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Non-retroactivity
Non-retroactivity
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Clarity
Clarity
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Non-contradiction
Non-contradiction
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Retroactive laws
Retroactive laws
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Vague Laws
Vague Laws
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Contradictory Laws
Contradictory Laws
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Legal Certainty
Legal Certainty
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Private Law
Private Law
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Property Law
Property Law
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Contract Law
Contract Law
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Tort Law
Tort Law
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Family Law
Family Law
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Law of Commerce
Law of Commerce
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Private International Law
Private International Law
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Substantive Law
Substantive Law
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What is a trial by jury?
What is a trial by jury?
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What is the role of a judge?
What is the role of a judge?
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What is an inquisitorial system?
What is an inquisitorial system?
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How are judges appointed?
How are judges appointed?
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How are judges' retirement rules designed?
How are judges' retirement rules designed?
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What is a judicial selection commission?
What is a judicial selection commission?
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What is impartial justice?
What is impartial justice?
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What is the principle of community involvement?
What is the principle of community involvement?
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Judges as Umpires
Judges as Umpires
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Judges as Law Makers
Judges as Law Makers
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Judicial Accountability
Judicial Accountability
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Public Trust in the Judiciary
Public Trust in the Judiciary
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Transparency in Judicial Decisions
Transparency in Judicial Decisions
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Judicial Legitimacy
Judicial Legitimacy
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Precedent in Judicial Decisions
Precedent in Judicial Decisions
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Public Policy in Judicial Decisions
Public Policy in Judicial Decisions
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Stare decisis
Stare decisis
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Judicial creativity
Judicial creativity
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Civil law systems
Civil law systems
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Common law systems
Common law systems
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Judicial impartiality
Judicial impartiality
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Transparency in judicial rulings
Transparency in judicial rulings
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Appeal processes
Appeal processes
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Life tenure
Life tenure
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