Exam 8: Law and Legal Professionals

Legal moralism has been used to justify laws for and against:

The dictator of a small country has been removed and a new government is forming. Among the first task for the new country is the creation of the country's laws. Instead of the above scenarios, the new government institutes a policy that allows all adult citizens to vote for representatives who will make new laws and serve in government. This describes:

You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon. Your client tells you that there really was a weapon and that the police missed it at the crime scene. According to the ABA's Model Rules of Professional Conduct, your duty is to:

A law that prevented suicide would be an example of legal____________________.

Research indicates that the role adopted by lawyers (either legal agent or moral agent)depends partially on whom they represent.

Discuss some types of laws that are justified by legal moralism. What are the major arguments for and against such laws?

Natural law refers to:

The pluralist paradigm says the definition of crime may change, depending on which interest groups are in power.

According to research cited in the text, only about half the people surveyed indicated that attorneys possessed "high" or "very high" standards of honesty and ethics.

Compare and contrast natural law and positivist law.

The consensus paradigm is most closely related with:

The approach in which each case is treated as one of many is called:

________________ rights conflict with the government's right to enforce morality.

Obergefell v. Hodges held that

You are a state legislator and you have sponsored a bill requiring that all passengers in cars must wear seat belts at all times, even in a rear seat. Opponents feel that this proposed law is over-reaching and is too restrictive of personal freedom. Opponents to your bill would cite John Stuart Mill and would say that your proposed law is a bad idea since violators aren't actually harming anyone. Your proposed law would violate Mill's:

Judges who are elected are prohibited from soliciting campaign contributions.

The "Model Rules" for lawyers only refer to a lawyer's professional conduct and say nothing about how one must behave in his or her personal affairs.

You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon. It occurs to you that the victim will not be able to testify if the trial takes place quickly, due to his injuries. Accordingly, you do not agree to waive your client's "speedy trial" rights. This action would indicate your view that you are serving as your client's:

The major justification for corrective law is that it prevents harm.

Legal moralism refers to: