Question 1

Talk About:
-H. L. . A. Hart

Accepted Answer

Legal positivism.

Question 2

Which best describes legal realism's beliefs in relation to the foundation of law?

Accepted Answer

A)  Morality should be the sole basis for the law. 
B)  Morality should be a main consideration for the law. 
C)  Do not consider morality at all in reference to laws. 
D)  Morality need not be the basis for law, but realists do not focus on foundations. 
A)  Morality should be the sole basis for the law. 
B)  Morality should be a main consideration for the law. 
C)  Do not consider morality at all in reference to laws. 
D)  Morality need not be the basis for law, but realists do not focus on foundations. D

Question 3

Talk About:
-Discretion in law

Accepted Answer

Concept of law addressing whether one person's private moral judgments should replace society's views of public morality.

Question 4

In reality, there is not uniform agreement about the role of law in society, and individuals may reflect on multiple legal philosophies when making a decision pertaining to law.

Accepted Answer

A) True 
 B)False

Question 5

Talk About:
-Joel Feinberg

Accepted Answer

He noted several factors to co

Question 6

Consider the example of cursing. What types of questions would Hart want to be answered before making cursing illegal?

Accepted Answer

A)  What harm does cursing actually cause? 
B)  Is cursing immoral? 
C)  Do most people consider cursing immoral? 
D)  All of the above. 
A)  What harm does cursing actually cause? 
B)  Is cursing immoral? 
C)  Do most people consider cursing immoral? 
D)  All of the above.

Question 7

Hart identified five criteria for law that further illustrate the theory of legal positivism.

Accepted Answer

A) True 
 B)False

Question 8

There are six concepts of law, which provide a full understanding of the role law plays in society. What are they?

Accepted Answer

A)  Making of law; determining law; writing law; reviewing of law; discerning law; previewing of law. 
B)  Foundation of law; rationale for law; formation of law; application of law; focal point of law; discretion in law. 
C)  Establishing law; formatting law; interpreting of law; believing law; transcribing law; applying law. 
D)  All of the above. 
A)  Making of law; determining law; writing law; reviewing of law; discerning law; previewing of law. 
B)  Foundation of law; rationale for law; formation of law; application of law; focal point of law; discretion in law. 
C)  Establishing law; formatting law; interpreting of law; believing law; transcribing law; applying law. 
D)  All of the above.

Question 9

Which best describes Devlin's beliefs in relation to the formation of law?

Accepted Answer

A)  If an action causes harm, it is made illegal. 
B)  Those ideas of the highest ranking officials are formed into laws. 
C)  The legal moralist forms law by considering what the average person believes is morally offensive and then criminalizing it. 
D)  All of the above. 
A)  If an action causes harm, it is made illegal. 
B)  Those ideas of the highest ranking officials are formed into laws. 
C)  The legal moralist forms law by considering what the average person believes is morally offensive and then criminalizing it. 
D)  All of the above.

Question 10

In legal moralism, law is made because it is simply following the natural principles, design, order, or intent of the universe.

Accepted Answer

A) True 
 B)False

Question 11

The attitudinal model was developed by the political scientists Jeffrey Segal and Harold Spaeth to explain Supreme Court behavior.

Accepted Answer

A) True 
 B)False

Question 12

The legal moralist would discourage discretion, instead arguing that criminal justice practitioners should follow the public morality underlying the law, rather than replacing it with their own individual views of morality.

Accepted Answer

A) True 
 B)False

Question 13

Which best describes legal realism's beliefs in relation to the application of law?

Accepted Answer

A)  It is important that laws are written precisely, so there is not room for misinterpretation. 
B)  Law must be applied to all persons, as written, to minimize risks of harm. 
C)  The law as written is not always clear or applicable and must be interpreted through discretion and independence. 
D)  All of the above. 
A)  It is important that laws are written precisely, so there is not room for misinterpretation. 
B)  Law must be applied to all persons, as written, to minimize risks of harm. 
C)  The law as written is not always clear or applicable and must be interpreted through discretion and independence. 
D)  All of the above.

Question 14

Legal naturalists would prefer to see the law based on empirical evidence rather than grand concepts such as morality.

Accepted Answer

A) True 
 B)False

Question 15

Talk About:
-Majority opinion

Accepted Answer

When the Supreme Cou

Question 16

Talk About:
-Rationale for law

Accepted Answer

Concept of law addre

Question 17

Talk About:
-Dissenting opinion

Accepted Answer

Justices who disagree with the

Question 18

As the legal realists suggest, the law is what the judges interpret it to be, and different judges may reach different interpretations.

Accepted Answer

A) True 
 B)False

Question 19

Talk About:
-Jeffrey Segal and Harold Spaeth

Accepted Answer

Developed

Question 20

Critical legal theory is not controversial.

Accepted Answer

A) True 
 B)False

Talk About: -H. L. . A. Hart

Which best describes legal realism's beliefs in relation to the foundation of law?

Talk About: -Discretion in law

In reality, there is not uniform agreement about the role of law in society, and individuals may reflect on multiple legal philosophies when making a decision pertaining to law.

Talk About: -Joel Feinberg

Consider the example of cursing. What types of questions would Hart want to be answered before making cursing illegal?

Hart identified five criteria for law that further illustrate the theory of legal positivism.

There are six concepts of law, which provide a full understanding of the role law plays in society. What are they?

Which best describes Devlin's beliefs in relation to the formation of law?

In legal moralism, law is made because it is simply following the natural principles, design, order, or intent of the universe.

The attitudinal model was developed by the political scientists Jeffrey Segal and Harold Spaeth to explain Supreme Court behavior.

The legal moralist would discourage discretion, instead arguing that criminal justice practitioners should follow the public morality underlying the law, rather than replacing it with their own individual views of morality.

Which best describes legal realism's beliefs in relation to the application of law?

Legal naturalists would prefer to see the law based on empirical evidence rather than grand concepts such as morality.

Talk About: -Majority opinion

Talk About: -Rationale for law

Talk About: -Dissenting opinion

As the legal realists suggest, the law is what the judges interpret it to be, and different judges may reach different interpretations.

Talk About: -Jeffrey Segal and Harold Spaeth

Critical legal theory is not controversial.

Introducing Crime and Criminal Justice

Criminal Justice, Society, and Morality

Theories of Deviance and Social Control

Theories of Criminal Behavior

Concepts of Justice

Concepts of Justice Policy

Concepts of Criminal Procedure

Criminal Law

Criminal Punishment

Core Concepts of US Policing

Core Concepts of US Court Systems

Core Concepts of US Correctional Theory and Practice

Filters

Exam 3: Criminal Justice and Legal Philosophy

Talk About: -H. L. . A. Hart

Which best describes legal realism's beliefs in relation to the foundation of law?

Talk About: -Discretion in law

In reality, there is not uniform agreement about the role of law in society, and individuals may reflect on multiple legal philosophies when making a decision pertaining to law.

Talk About: -Joel Feinberg

Consider the example of cursing. What types of questions would Hart want to be answered before making cursing illegal?

Hart identified five criteria for law that further illustrate the theory of legal positivism.

There are six concepts of law, which provide a full understanding of the role law plays in society. What are they?

Which best describes Devlin's beliefs in relation to the formation of law?

In legal moralism, law is made because it is simply following the natural principles, design, order, or intent of the universe.

The attitudinal model was developed by the political scientists Jeffrey Segal and Harold Spaeth to explain Supreme Court behavior.

The legal moralist would discourage discretion, instead arguing that criminal justice practitioners should follow the public morality underlying the law, rather than replacing it with their own individual views of morality.

Which best describes legal realism's beliefs in relation to the application of law?

Legal naturalists would prefer to see the law based on empirical evidence rather than grand concepts such as morality.

Talk About: -Majority opinion

Talk About: -Rationale for law

Talk About: -Dissenting opinion

As the legal realists suggest, the law is what the judges interpret it to be, and different judges may reach different interpretations.

Talk About: -Jeffrey Segal and Harold Spaeth

Critical legal theory is not controversial.

Introducing Crime and Criminal Justice

Criminal Justice, Society, and Morality

Theories of Deviance and Social Control

Theories of Criminal Behavior

Concepts of Justice

Concepts of Justice Policy

Concepts of Criminal Procedure

Criminal Law

Criminal Punishment

Core Concepts of US Policing

Core Concepts of US Court Systems

Core Concepts of US Correctional Theory and Practice

Filters