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Questions and Answers
According to Black's Law Dictionary, what is the definition of law?
According to Black's Law Dictionary, what is the definition of law?
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Which of the following is NOT typically a function of law in a nation?
Which of the following is NOT typically a function of law in a nation?
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What is a key characteristic of authoritarian governments regarding law and its function?
What is a key characteristic of authoritarian governments regarding law and its function?
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What was a frequent consequence of European colonial rule in many nations, with respect to the law?
What was a frequent consequence of European colonial rule in many nations, with respect to the law?
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What is 'genocide' as described in the text?
What is 'genocide' as described in the text?
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What is one of the potential issues that former colonies of European nations have?
What is one of the potential issues that former colonies of European nations have?
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Which statement best describes the relationship between law and social change, as discussed in the text?
Which statement best describes the relationship between law and social change, as discussed in the text?
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In the context of different legal systems, what was a key function of law in the empires discussed, prior to the twentieth century?
In the context of different legal systems, what was a key function of law in the empires discussed, prior to the twentieth century?
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Which of the following best describes the situation where a central power's removal leads to power vacuums, as seen in the former Soviet Union?
Which of the following best describes the situation where a central power's removal leads to power vacuums, as seen in the former Soviet Union?
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In the context of the text, how are state judges typically selected in the United States?
In the context of the text, how are state judges typically selected in the United States?
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What is a key challenge described regarding the confirmation of federal judges in the U.S.?
What is a key challenge described regarding the confirmation of federal judges in the U.S.?
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What is the primary factor in determining who has the authority to make and enforce laws in most nation-states?
What is the primary factor in determining who has the authority to make and enforce laws in most nation-states?
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Which of the following statements best describes the concept of legal positivism?
Which of the following statements best describes the concept of legal positivism?
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What does the text suggest about the relationship between law and politics?
What does the text suggest about the relationship between law and politics?
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What is one reason why unstable or authoritarian governments may fail to serve the principal functions of law?
What is one reason why unstable or authoritarian governments may fail to serve the principal functions of law?
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How might a positivist analyze a speed limit law, according to the provided text?
How might a positivist analyze a speed limit law, according to the provided text?
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What does the example of King Herod's decree illustrate regarding legal positivism?
What does the example of King Herod's decree illustrate regarding legal positivism?
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The text suggests which of the following in regards to revolutions?
The text suggests which of the following in regards to revolutions?
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What is meant by the term ‘sovereign’ as it relates to a nation-state in the context of the text?
What is meant by the term ‘sovereign’ as it relates to a nation-state in the context of the text?
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Which of the following is the best example illustrating the main point of ‘legal realism’?
Which of the following is the best example illustrating the main point of ‘legal realism’?
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How might someone living under an unjust law attempt to avoid its impact?
How might someone living under an unjust law attempt to avoid its impact?
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What is the primary focus of the philosophy of law, also known as jurisprudence?
What is the primary focus of the philosophy of law, also known as jurisprudence?
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Which concept does the text introduce as transcending human-made laws?
Which concept does the text introduce as transcending human-made laws?
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What does the term 'stare decisis' mean?
What does the term 'stare decisis' mean?
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Which area of law deals with agreements that courts should enforce?
Which area of law deals with agreements that courts should enforce?
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If an individual is harmed by a false statement by a competitor, what type of law would usually apply?
If an individual is harmed by a false statement by a competitor, what type of law would usually apply?
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In which type of case would a plaintiff be seeking remedies due of some kind of injury, without any contract existing?
In which type of case would a plaintiff be seeking remedies due of some kind of injury, without any contract existing?
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Which of the following best describes a 'case of first impression'?
Which of the following best describes a 'case of first impression'?
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Which system of law was primarily utilized in the original colonies before independence?
Which system of law was primarily utilized in the original colonies before independence?
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If a state's supreme court has ruled on a specific issue, what must lower courts in that state do.
If a state's supreme court has ruled on a specific issue, what must lower courts in that state do.
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What was the primary area that state courts exercised power over in the early years of the United States?
What was the primary area that state courts exercised power over in the early years of the United States?
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What differentiates a criminal case from a civil case?
What differentiates a criminal case from a civil case?
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According to the document, what is a potential consequence of breaking a criminal law?
According to the document, what is a potential consequence of breaking a criminal law?
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In a civil case, what could a losing defendant potentially have to do, but they would not go to prison?
In a civil case, what could a losing defendant potentially have to do, but they would not go to prison?
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What is the primary difference between civil and criminal law?
What is the primary difference between civil and criminal law?
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According to the natural-law school of legal thought, what is the primary basis for determining the legitimacy of laws?
According to the natural-law school of legal thought, what is the primary basis for determining the legitimacy of laws?
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If you see 'U.S. v. Johnson' in a trial caption, what is the most likely type of case?
If you see 'U.S. v. Johnson' in a trial caption, what is the most likely type of case?
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Which of the following describes procedural law?
Which of the following describes procedural law?
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What is the view of civil disobedience according to the natural-law school of thought?
What is the view of civil disobedience according to the natural-law school of thought?
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If you drive over the speed limit, which kind of law have you violated?
If you drive over the speed limit, which kind of law have you violated?
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Which document embodies a natural-law philosophy?
Which document embodies a natural-law philosophy?
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The idea that rights are 'unalienable,' as expressed in the Declaration of Independence, can be traced back to which school of thought?
The idea that rights are 'unalienable,' as expressed in the Declaration of Independence, can be traced back to which school of thought?
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What is a fundamental argument of legal positivists against natural law?
What is a fundamental argument of legal positivists against natural law?
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What is the central argument of the historical school of law?
What is the central argument of the historical school of law?
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What was a key principle behind the legal realist school of thought?
What was a key principle behind the legal realist school of thought?
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Martin Luther King Jr.'s 'Letter from Birmingham Jail' aligns most closely with which legal school of thought?
Martin Luther King Jr.'s 'Letter from Birmingham Jail' aligns most closely with which legal school of thought?
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Which of the following best describes the term 'a priori' as used in the discussion on equality?
Which of the following best describes the term 'a priori' as used in the discussion on equality?
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Why did Rosa Parks refuse to give up her seat to a white person on the bus?
Why did Rosa Parks refuse to give up her seat to a white person on the bus?
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Which of the following describes positive law?
Which of the following describes positive law?
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What is a central theme of the natural law view as it relates to 'consent of the governed'?
What is a central theme of the natural law view as it relates to 'consent of the governed'?
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According to the natural law perspective described in the text, what does breaking an unjust law demonstrate?
According to the natural law perspective described in the text, what does breaking an unjust law demonstrate?
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According to the content, what is considered more difficult to know or understand?
According to the content, what is considered more difficult to know or understand?
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What do legal realists emphasize more than formal application of precedent?
What do legal realists emphasize more than formal application of precedent?
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What is the primary criticism of the legal realist perspective regarding judicial decision-making?
What is the primary criticism of the legal realist perspective regarding judicial decision-making?
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Which school of thought is most directly influenced by the legal realist perspective?
Which school of thought is most directly influenced by the legal realist perspective?
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According to the Critical Legal Studies (CLS) school, how is social order maintained and by which group?
According to the Critical Legal Studies (CLS) school, how is social order maintained and by which group?
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How does the ecofeminist school of legal thought relate the treatment of women to the treatment of the natural world?
How does the ecofeminist school of legal thought relate the treatment of women to the treatment of the natural world?
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According to ecofeminist legal theory, how does male ownership of land affect the natural environment?
According to ecofeminist legal theory, how does male ownership of land affect the natural environment?
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Which legal school emphasizes the command of a sovereign as the core of law?
Which legal school emphasizes the command of a sovereign as the core of law?
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Which basic function does the law primarily serve, despite its inability to correct every wrong in society?
Which basic function does the law primarily serve, despite its inability to correct every wrong in society?
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Which statement reflects the relationship between ethics and the law as described in the content?
Which statement reflects the relationship between ethics and the law as described in the content?
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Why did judges in England begin writing down the facts and reasoning of their decisions?
Why did judges in England begin writing down the facts and reasoning of their decisions?
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What is the meaning of the term 'stare decisis' in the context of common law?
What is the meaning of the term 'stare decisis' in the context of common law?
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Which is an example of something that is considered 'wrong' but is NOT likely to result in a viable lawsuit?
Which is an example of something that is considered 'wrong' but is NOT likely to result in a viable lawsuit?
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How do legal systems typically view and treat private property ownership?
How do legal systems typically view and treat private property ownership?
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What is the core concept of reasoning by 'analogy' in legal decision making?
What is the core concept of reasoning by 'analogy' in legal decision making?
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Which legal school of thought emphasizes the rights and duties of both government and the governed?
Which legal school of thought emphasizes the rights and duties of both government and the governed?
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How does the content describe a 'precedent' in the context of common law?
How does the content describe a 'precedent' in the context of common law?
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Which amendment to the U.S. Constitution ensures 'due process of law' at the state level?
Which amendment to the U.S. Constitution ensures 'due process of law' at the state level?
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What is the primary distinction between criminal law and civil law?
What is the primary distinction between criminal law and civil law?
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What are the primary sources of law within the U.S. legal system?
What are the primary sources of law within the U.S. legal system?
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What characterizes customary international law?
What characterizes customary international law?
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How can a state law be invalidated?
How can a state law be invalidated?
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Why is it difficult to amend the U.S. Constitution?
Why is it difficult to amend the U.S. Constitution?
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What does it mean for a law to provide a 'cause of action'?
What does it mean for a law to provide a 'cause of action'?
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How are U.S. representatives chosen?
How are U.S. representatives chosen?
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Which of the following best describes the role of the U.S. Senate?
Which of the following best describes the role of the U.S. Senate?
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What is the significance of the due process clause found in both the Fifth and Fourteenth Amendments?
What is the significance of the due process clause found in both the Fifth and Fourteenth Amendments?
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In the context of a speeding violation, what might be relevant as evidence to determine whether a traffic law was fairly applied?
In the context of a speeding violation, what might be relevant as evidence to determine whether a traffic law was fairly applied?
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Why is a person's bragging about committing a crime potentially relevant in a court case?
Why is a person's bragging about committing a crime potentially relevant in a court case?
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What is a key feature of a state constitution in the U.S.?
What is a key feature of a state constitution in the U.S.?
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What is a key purpose of the census in the United States?
What is a key purpose of the census in the United States?
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What does the case of Virginia Rulon-Miller vs IBM illustrate about employee rights?
What does the case of Virginia Rulon-Miller vs IBM illustrate about employee rights?
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According to the content, what distinguishes common-law systems from civil-law systems?
According to the content, what distinguishes common-law systems from civil-law systems?
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What is the main source of growth and change in civil-law systems, according to the text?
What is the main source of growth and change in civil-law systems, according to the text?
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Why is it said that "The law is in the code, not in the cases" in civil-law systems?
Why is it said that "The law is in the code, not in the cases" in civil-law systems?
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What is the doctrine of "jurisprudence constante" in civil-law systems?
What is the doctrine of "jurisprudence constante" in civil-law systems?
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Which of the following legal systems operates on assumptions different from those of both English common law and European civil law?
Which of the following legal systems operates on assumptions different from those of both English common law and European civil law?
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What is the historical reason behind the prevalence of civil-law systems in many former European colonies?
What is the historical reason behind the prevalence of civil-law systems in many former European colonies?
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What is the main distinction between US civil law and European civil law as discussed in the text?
What is the main distinction between US civil law and European civil law as discussed in the text?
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What is the "employment at will" rule in common law?
What is the "employment at will" rule in common law?
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What is the primary purpose of Title VII of the Civil Rights Act of 1964?
What is the primary purpose of Title VII of the Civil Rights Act of 1964?
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What is the key difference between "quid pro quo" and "hostile work environment" sexual harassment?
What is the key difference between "quid pro quo" and "hostile work environment" sexual harassment?
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How did Congress respond to sexual harassment, which was not explicitly mentioned in Title VII?
How did Congress respond to sexual harassment, which was not explicitly mentioned in Title VII?
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What is a 'writ of certiorari'?
What is a 'writ of certiorari'?
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What was the main issue the Supreme Court wanted to resolve in the Teresa Harris case?
What was the main issue the Supreme Court wanted to resolve in the Teresa Harris case?
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Why does the Supreme Court choose its cases carefully?
Why does the Supreme Court choose its cases carefully?
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In the context of the legal systems discussed, who or what is the main driver of change in the law?
In the context of the legal systems discussed, who or what is the main driver of change in the law?
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How does the legal system in the United States demonstrate a blend of common law and statutory law?
How does the legal system in the United States demonstrate a blend of common law and statutory law?
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What happens if a bill is reported out of committee?
What happens if a bill is reported out of committee?
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What role does a conference committee serve in the legislative process?
What role does a conference committee serve in the legislative process?
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What is required for Congress to override a presidential veto?
What is required for Congress to override a presidential veto?
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Which body of Congress is responsible for ratifying treaties?
Which body of Congress is responsible for ratifying treaties?
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What characterizes the authority of administrative agencies created by Congress?
What characterizes the authority of administrative agencies created by Congress?
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What is the purpose of the Federal Register?
What is the purpose of the Federal Register?
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What type of law does common law typically refer to?
What type of law does common law typically refer to?
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How did common law evolve in the United States?
How did common law evolve in the United States?
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What happens if a state law conflicts with the Constitution?
What happens if a state law conflicts with the Constitution?
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Which of the following best describes the change from common law to statutory law?
Which of the following best describes the change from common law to statutory law?
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What is one function of municipal ordinances?
What is one function of municipal ordinances?
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Which of these is an example of an administrative agency?
Which of these is an example of an administrative agency?
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What precedes statutory law in the hierarchy of laws?
What precedes statutory law in the hierarchy of laws?
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What must state legislatures do before a law making a specific action illegal can be enacted?
What must state legislatures do before a law making a specific action illegal can be enacted?
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What is a primary reason courts rely on precedent in decision-making?
What is a primary reason courts rely on precedent in decision-making?
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How do courts articulate general rules from case decisions?
How do courts articulate general rules from case decisions?
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What would be a potential outcome if a court decided an employee's firing was not legally actionable?
What would be a potential outcome if a court decided an employee's firing was not legally actionable?
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Which statement about common law is accurate?
Which statement about common law is accurate?
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What legal principle would allow an employee to sue an employer for wrongful termination if the employee refused to commit perjury?
What legal principle would allow an employee to sue an employer for wrongful termination if the employee refused to commit perjury?
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What is a holding in the context of a court decision?
What is a holding in the context of a court decision?
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What distinguishes the common law system from other legal systems?
What distinguishes the common law system from other legal systems?
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What consequence can arise from a lack of applicable statutes in a case?
What consequence can arise from a lack of applicable statutes in a case?
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Why might judicial reasoning vary among judges?
Why might judicial reasoning vary among judges?
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What is one challenge courts face when interpreting the law?
What is one challenge courts face when interpreting the law?
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How can administrative agencies contribute to the U.S. legal system?
How can administrative agencies contribute to the U.S. legal system?
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What authority does the federal government have regarding treaties?
What authority does the federal government have regarding treaties?
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How does the U.S. Constitution impact state laws?
How does the U.S. Constitution impact state laws?
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What role does the concept of 'freedom of choice' play in employment law cases?
What role does the concept of 'freedom of choice' play in employment law cases?
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What is a key characteristic of the judicial decision-making process in the common law tradition?
What is a key characteristic of the judicial decision-making process in the common law tradition?
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What behavior did Charles Hardy exhibit toward Harris that contributed to the environment being perceived as abusive?
What behavior did Charles Hardy exhibit toward Harris that contributed to the environment being perceived as abusive?
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What was the court's rationale for not finding Hardy's conduct as creating an abusive work environment?
What was the court's rationale for not finding Hardy's conduct as creating an abusive work environment?
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What specific interaction did Harris have with Hardy regarding his conduct?
What specific interaction did Harris have with Hardy regarding his conduct?
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What was one significant impact of Hardy’s behavior on Harris's decision to leave Forklift?
What was one significant impact of Hardy’s behavior on Harris's decision to leave Forklift?
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According to the ruling, what must conduct reach in order to create legal implications under Title VII?
According to the ruling, what must conduct reach in order to create legal implications under Title VII?
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What type of harassment was NOT present in Harris's case against Forklift?
What type of harassment was NOT present in Harris's case against Forklift?
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What standard did the District Court apply to assess whether Hardy's conduct created an abusive environment?
What standard did the District Court apply to assess whether Hardy's conduct created an abusive environment?
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How did the court's findings reflect on the broader interpretation of Title VII?
How did the court's findings reflect on the broader interpretation of Title VII?
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What was the outcome of Harris's lawsuit against Forklift?
What was the outcome of Harris's lawsuit against Forklift?
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What type of misconduct did Hardy display towards female employees, including Harris?
What type of misconduct did Hardy display towards female employees, including Harris?
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Why did the court describe Harris's case as 'a close case'?
Why did the court describe Harris's case as 'a close case'?
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What effect did the court assert that a discriminatorily abusive work environment could have without serious psychological injury?
What effect did the court assert that a discriminatorily abusive work environment could have without serious psychological injury?
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What is an essential factor in determining whether conduct creates an abusive work environment?
What is an essential factor in determining whether conduct creates an abusive work environment?
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What was one of Hardy's inappropriate behaviors mentioned in the case?
What was one of Hardy's inappropriate behaviors mentioned in the case?
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What is not required for an employee to win a Title VII sexual harassment claim?
What is not required for an employee to win a Title VII sexual harassment claim?
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Which factor is relevant to determining whether an environment is hostile or abusive?
Which factor is relevant to determining whether an environment is hostile or abusive?
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How did the District Court err in its application of standards in this case?
How did the District Court err in its application of standards in this case?
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Which of the following does Title VII bar?
Which of the following does Title VII bar?
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In assessing whether a work environment is hostile, which element is not considered?
In assessing whether a work environment is hostile, which element is not considered?
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What broad principle does this case establish regarding Title VII sexual harassment claims?
What broad principle does this case establish regarding Title VII sexual harassment claims?
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Which aspect did the Supreme Court focus on to determine the nature of harassment?
Which aspect did the Supreme Court focus on to determine the nature of harassment?
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What fundamental legal education element was briefly covered in this chapter?
What fundamental legal education element was briefly covered in this chapter?
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What may influence the perception of a work environment being abusive or hostile?
What may influence the perception of a work environment being abusive or hostile?
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Which is a primary source of law that will negate inconsistent lower-court laws?
Which is a primary source of law that will negate inconsistent lower-court laws?
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In the case of distinct legal approaches, what are the two main systems compared?
In the case of distinct legal approaches, what are the two main systems compared?
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What determines the appropriate legal rule to apply in a case where there is no established precedent?
What determines the appropriate legal rule to apply in a case where there is no established precedent?
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Which of the following factors does not typically contribute to a court's decision-making process?
Which of the following factors does not typically contribute to a court's decision-making process?
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What aspect did feminist legal studies scholars fear would change after this ruling?
What aspect did feminist legal studies scholars fear would change after this ruling?
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Which of the following is NOT a recognized example of how a US treaty obligation can override domestic law?
Which of the following is NOT a recognized example of how a US treaty obligation can override domestic law?
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What is the significance of the US losing a dispute settlement at the GATT panel concerning tuna fishing methods?
What is the significance of the US losing a dispute settlement at the GATT panel concerning tuna fishing methods?
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Why is NAFTA considered to have been legally and politically dead if Ross Perot had won the 1992 election?
Why is NAFTA considered to have been legally and politically dead if Ross Perot had won the 1992 election?
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Study Notes
Different Meanings and Functions of Law
- Law is a body of rules of action, prescribed by controlling authority, with binding legal force, enforceable by sanctions.
- Law's functions include maintaining peace, preserving the status quo, protecting individual rights, safeguarding minorities, promoting social justice, and enabling orderly change.
- Effective legal systems balance these functions, whereas authoritarian regimes may prioritize peace and stability over rights.
Schools of Legal Thought
-
Natural Law: Emphasizes universal moral principles discoverable through reason, surpassing positive laws (human-made laws). Natural law emphasizes a universal moral order. Individuals may possess “God-given” or “natural” rights.
- Natural law was "discovered" by humans through reason, choosing between good and evil.
- The US Declaration of Independence embodies natural law philosophy.
- Civil disobedience is justified in the face of unjust law.
-
Legal Positivism: Focuses on law as the command of the sovereign (recognized authority). A law is legitimate if it comes from a recognized authority and can be enforced.
- Legal positivism recognizes lawmaker's commands as legitimate.
- The law, as it is written, or how it is applied, is empirical.
- Legal Realism: Emphasizes social context and actual behavior of law enforcers in order to understand how laws work in practice. Realist views are based on social context including judicial beliefs, opinions influenced by social context.
- Critical Legal Studies (CLS): Power and influence dominate the law. CLS theorists, influenced by Marx, believe those with wealth oppress others, perpetuating unjust societal structures. CLS uses law to challenge hierarchical structures.
- Ecofeminist Legal Theory: Focuses on societal domination of women and the natural world, stemming from male ownership of land. This approach views women, children, land as economic resources.
Sources of Positive Law
- Constitutions: Fundamental laws outlining the structure and powers of government, including legislative, executive, and judicial branches. States and US constitutions grant and enshrine rights for citizens which may be separate from those of other entities. Constitutions provide cause of action.
- Statutes and Agency Regulations: Legislation and rules enacted by legislatures and administrative agencies to govern society, providing general rules.
-
Judicial Decisions (Common Law): Past court rulings that establish precedent for future cases, including contracts, torts, and criminal law.
- Stare Decisis (let the decision stand) is a doctrine upholding precedent. Precedent is an important aspect of common law.
- Executive Orders: Directives issued by chief executives (president and governors) that carry the force of law.
- Treaties: Formal agreements between nations which have equal priority to statutes.
Priorities of Law
- Constitutional Law: Supreme in the US legal system. Statutes and judicial decisions inconsistent with the Constitution are void.
- Statutory Law: Generally has priority over case law (judicial decisions).
-
Treaties: Equivalent to statutes. Treaty obligations can override prior statutes.
- Example: Tuna-Dolphin Dispute.
Different Legal Systems
- Common Law: Primarily used in the UK, US, and former British colonies; emphasizes precedent in court rulings.
- Civil Law: Prevalent in many European countries; codified legal system, with statutes primarily used to decide cases.
Civil v. Criminal Law
- Civil Law deals with noncriminal disputes (between individuals or corporations), seeking compensation or remedies
- Criminal Law deals with offenses against society, punishable by sanctions like fines or imprisonment.
Causes of Action
- A cause of action provides a legal basis for a court to act. Causes of action are based on various legislative documents, or previously made opinions and judgments.
- Not all wrongs result in actionable causes.
Subjective Nature of Judicial Decisions
- Judicial opinions reflect judges' differing legal philosophies. Reasonable people can disagree with the reasoning behind judicial opinions, as justices and judges often refer to different schools of legal thought.
Differences between the US and other legal systems.
- The US legal structure is deeply influenced by English common law, including its use of precedent.
- Compared to the civil law structure (France, for example) US courts are empowered to declare legislative acts unconstitutional.
- Many civil law systems rely on comprehensive legislative codes, whereas common law tradition heavily depends on judicial decisions to define and interpret law.
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Description
Test your knowledge on the functions of law, its relationship with social change, and the impact of political systems on legal frameworks. This quiz covers key concepts from legal definitions to the challenges faced by post-colonial nations. Dive into the complexities of law and governance.
