Legal Theories Exam Review

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Questions and Answers

In the context of legal and social change, what is the crucial relationship between institutionalization and internalization?

Neither institutionalization nor internalization is relevant to achieving real social change.
Both institutionalization and internalization are necessary for real change to occur. (correct)
Institutionalization is sufficient for real change, while internalization only reinforces existing norms.
Internalization is sufficient for real change, while institutionalization merely provides a framework.

Which of the following best describes the role of a lawyer in relation to their client's decisions, considering ethical considerations?

The lawyer's role is purely administrative, executing whatever tasks the client requests.
The lawyer should drive all decisions, using their legal expertise to determine the best course of action.
The lawyer should inform and advise the client, but the client should ultimately drive the decisions. (correct)
A lawyer should always follow the client's instructions without question, ensuring zealous representation.

What is the primary aim of the voir dire process in jury selection?

To educate potential jurors about the relevant laws and procedures.
To select jurors who are most likely to support a particular side in the case.
To eliminate potential jurors who may be biased or impartial. (correct)
To ensure the jury consists of individuals with prior legal experience.

How might a judge using Critical Legal Studies theory view a law that is technically applicable but seemingly inappropriate for a specific case?

The judge would consider the indeterminacy of law and potentially use their discretion to avoid an unjust outcome, even if it means stretching the interpretation of the law. (A) Signup and view all the answers

In the context of understanding why laws are made, which of the following perspectives considers the influence of powerful groups and their ability to shape legislation to serve their interests?

Conflict perspective (C) Signup and view all the answers

What is a key consideration when determining whether to legislate against 'victimless crimes'?

Whether the activities directly harm identifiable victims and infringe upon individual liberties. (B) Signup and view all the answers

When choosing between alternative dispute resolution (ADR) mechanisms like negotiation, mediation, and arbitration, what is a crucial factor to consider regarding the parties involved?

Whether the parties are one-shotters or repeat players, as repeat players may have different goals and resources. (A) Signup and view all the answers

How does Legal Positivism generally view the relationship between law and morality?

Law and morality are distinct; a law's validity does not depend on its moral content. (C) Signup and view all the answers

Which of the following best captures the essence of consensus theory in the context of law and society?

Law reflects the shared values and beliefs of a society and serves to maintain social order. (C) Signup and view all the answers

What is a central tenet of Legal Realism?

Law is ultimately shaped by the subjective interpretations and biases of judges. (A) Signup and view all the answers

In applying Herbert Packer's models, what is a key distinction between the 'due process' model and the 'crime control' model?

The due process model emphasizes individual rights and procedural safeguards, while the crime control model prioritizes efficient suppression of crime. (D) Signup and view all the answers

According to conflict theory, how does law contribute to social inequality?

By reflecting the values and interests of the dominant groups in society. (B) Signup and view all the answers

What is 'indeterminacy' in the context of Critical Legal Studies?

The concept that legal rules are inherently contradictory and can be interpreted in multiple ways. (A) Signup and view all the answers

What is the focus of Feminist Legal Theory?

Examining the law from a gendered perspective and advocating for gender equality. (C) Signup and view all the answers

In the context of dispute resolution, what is 'med-arb'?

A hybrid process where a mediator attempts to facilitate a settlement, but if that fails, they become an arbitrator and make a binding decision. (C) Signup and view all the answers

What is the fundamental proposition of Critical Race Theory?

Race is a social construct, and racism is embedded in legal systems and institutions. (D) Signup and view all the answers

What is the focus of Sociolegal Theory?

The relationship between law and society, including how law shapes and is shaped by social forces. (C) Signup and view all the answers

How does the 'moral entrepreneur' perspective explain the creation of laws?

Laws are driven by individuals or groups who crusade for particular moral reforms. (A) Signup and view all the answers

What is the potential drawback of discretion in law enforcement?

It can lead to inconsistent application of the law and potential discrimination. (C) Signup and view all the answers

What is the debate surrounding the causes and effects of the 'litigation explosion'?

What exactly is causing increasing amount of lawsuits and what result does it bring. (C) Signup and view all the answers

Flashcards

Consensus Theory

Views law as reflecting shared values; emphasizes social stability and cooperation.

Conflict Theory

Views law as a tool used by powerful groups to maintain their privilege and control.

Due Process Model

Focuses on individual rights and procedural fairness, prioritizing accuracy and minimizing wrongful convictions.

Crime Control Model

Emphasizes efficiency, speed, and finality in the criminal justice process, prioritizing punishment and deterrence.