Test Your Knowledge on Private Law

Study Notes

Private-law reconstruction can be found in the Sales Article of the Uniform Commercial Code.
Llewellyn sought to replace formalistic application of rules with standards of good faith and reasonableness.
Llewellyn's "situation-sense" drew on the common law tradition of craft, reason, and principle.
The mix of policy, situation sense, and leftover classical doctrine that now makes up the body of private law provides scant basis for a rationalization of constitutional rights.
The search for some coherent foundation for rights analysis has been the preoccupation of modern constitutional law theorists.
The Supreme Court virtually abandoned to the legislature the field of economic regulation during the New Deal.
The legal process school came up with two major responses to realism: the strategy of deference and the strategy of craft.
Bickel created a new category called prudence, where the Supreme Court would avoid judicial review by using procedural grounds.
Wechsler advocated for a return to crafted opinions based on "general" and "neutral" substantive principles.
The federal judiciary, led by the Warren Court, was extending the scope and expanding the content of personal liberty and equality rights as had no other Supreme Court in US history.
The Warren Court was celebrated by liberal legal scholars in the 1970s for its activism and potential for social justice.
The challenge for these scholars was reconciling their belief in legalism with their vision of social justice.
Some scholars relied on natural law theory or shared American values to justify their decisions.
John Ely proposed a participation-oriented, representation-reinforcing standard for judicial review.
In the 1980s, there was an emphasis on "dialogic" values and "hermeneutic" traditions.
The Supreme Court in the 1990s returned to classical conservative formalism with respect to property and contract.
Some justices, such as O'Connor, have urged the Court to give greater deference to authoritative mediating bodies within the polity.
Legal scholarship described as "conservative" is dominated by economic analysis.
The law and economics movement emphasizes factual results and the market as an autonomous sphere of pure freedom and voluntary choice.
Coase's "Problem of Social Cost" argued that courts should assign rights where they will be most valuable for efficiency.
Economic analysis is used in legal issues by scholars like Richard Posner.
Common-law courts tend to mimic market exchange results over time.
Economic analysis aims to prevent allocatively inefficient results.
Economic analysis is criticized for being inconsistent with libertarianism and obscuring inequality.
Unhampered exchange is seen as a positive human good and value-enhancing.
Market exchange is superior to nonmarket economies.
Economic analysis has been used in issues like sexuality and adoption.
Posner argues that exchange freedom is a positive human good.
Economic analysis is based on neoclassical foundational assumptions.
Market exchange is seen as a price-setting mechanism.

Description

This quiz will test your knowledge on various legal theories and concepts related to private law, constitutional law, and economic analysis. From the Uniform Commercial Code to the Warren Court, you'll find questions on influential legal scholars such as Llewellyn and Wechsler, as well as the different strategies used by the legal process school to respond to realism. You'll also encounter economic analysis and its impact on legal issues such as property and contract, and how it relates to libertarianism and inequality. If you