Deck 8: Law and Legal Professionals

Question 1

Which of the following is inconsistent with Consensus Paradigm?

A) Law unifies society.
B) Crime is objectively defined.
C) Law resolves conflicts fairly.
D) Law is representative of the ruling classes only.

Answer 1

D

Question 2

Positivist law refers to:

A) those laws written and enforced by society
B) the idea that principles of morals are inherent in nature
C) the idea that law are not human made and are discovered by reason
D) those laws that regulate natural rights

Answer 2

A

Question 3

Legal moralism is used to justify laws against:

A) prostitution
B) speeding
C) panhandling
D) driving without a license

Answer 3

A

Question 4

According to _____________________ theory,each individual gives up some liberties and,in return,is protected from others who have their liberties restricted as well.

A) natural law
B) social control
C) social contract
D) reciprocity

Question 5

According to the pluralist paradigm:

A) those who control major social institutions determine how crime is defined
B) law arises from interest groups but coalitions and shared interests may shift the balance of power
C) law serves as a tool of unification
D) law contributes to the collective conscience by providing an example of deviance

Question 6

According to Hobbes,Rousseau,and Locke,a social contract is between:

A) the individual and God
B) the individual and society
C) the individual and mother earth
D) the individual and the generalized others

Question 7

Natural law refers to:

A) those laws written and enforced by society
B) the idea that principles of morals and rights are inherent in nature
C) the idea that law is human made
D) those laws that regulate innate but undesirable behavior

Question 8

Emile Durkheim is associated with which paradigm of law?

A) Consensus Paradigm
B) Pluralism
C) Conflict Paradigm
D) Utilitarian Paradigm

Question 9

The idea that most people have similar beliefs,values,and goals and that societal laws reflect the majority view is most consistent with:

A) the pluralist paradigm
B) the conflict paradigm
C) the consensus paradigm
D) the repressive paradigm

Question 10

Legal paternalism refers to:

A) laws that protect children against their parents
B) laws that protect societal morals
C) laws that protect individual from hurting themselves
D) laws that guarantee the rights of the father

Question 11

The concepts of mechanical solidarity and organic solidarity are most closely associated with the work of:

A) Karl Marx
B) Emile Durkheim
C) Cesare Beccaria
D) Jeremy Bentham

Question 12

Legal moralism refers to:

A) laws that protect children against their parents
B) laws that protect societal morals
C) laws that protect individual from hurting themselves
D) laws that guarantee the rights of the father

Question 13

John Stuart Mill proposed the "harm principle," which basically is the idea that every individual should:

A) limit their behavior to that which is not harmful to any living thing
B) be controlled by social institutions at all times to limit his/her ability to do harm
C) be imprisoned for life if they harm others or themselves
D) have the utmost freedom over their own actions unless they harm others

Question 14

The belief that loyalty to one's client surpasses individual and private morality is characteristic of:

A) the legal agent position on the attorney-client relationship
B) the moral agent position on the attorney-client relationship
C) the special relationship position on the attorney-client relationship
D) none of these is correct

Question 15

The concept that there are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power is most consistent with:

A) the pluralist paradigm
B) the conflict paradigm
C) the consensus paradigm
D) the repressive paradigm

Question 16

According to the conflict paradigm:

A) those who control major social institutions determine how crime is defined
B) law arises from minority interest groups but coalitions and shared interests may shift the balance of power
C) law serves as a tool of unification
D) law contributes to the collective conscience by providing an example of deviance

Question 17

The idea that groups in society have fundamental differences and that those in power control societal elements,including law,is most consistent with:

A) the pluralist paradigm
B) the conflict paradigm
C) the consensus paradigm
D) the repressive paradigm

Question 18

Which of the following is not a rule of legal paternalism?

A) Laws should protect children and other people whose decision-making ability is impaired.
B) Laws should restrict freedom only to the extent that is necessary to protect.
C) Laws should restrict only actions that can produce serious and irreversible harm.
D) Laws should allow private individuals to make decisions about private matters.

Question 19

Criminal law is also called:

A) natural law
B) positivist law
C) corrective law
D) human contract law

Question 20

Lawrence v.Texas dealt with:

A) prostitution
B) pornography
C) homosexuality
D) pedophilia

Question 21

Which paradigm of law highlights the inequity of a capitalist system?

A) Consensus Paradigm
B) Pluralism
C) Conflict Paradigm
D) Utilitarian Paradigm

Question 22

The model of justice in which the largest portion of criminal cases forms the bottom layers and the few serious cases form the top layer is called:

A) assembly line justice
B) bureaucratic justice
C) rational justice
D) wedding-cake illustration justice

Question 23

The idea that people agree on how serious punishments should be supports the pluralist paradigm of law.

Question 24

In Shaffer and Cochran's typology,the hired gun:

A) engages the client in moral dialogue and tries to convince client of proper course of action
B) controls the client with his own moral compass as guide
C) promotes clients' interest above all others
D) does what the client wants

Question 25

Lawyers who perceive themselves as moral agents may refuse to pursue a client's wish to pursue a particular legal tactic if they didn't believe in it.

Question 26

Which of the following is not a true statement about the pluralism paradigm?

A) Law is representative of the ruling classes only.
B) Interest groups influence law.
C) Powerful groups in society define law.
D) Power changes hands over time in a society.

Question 27

Organic solidarity has to do with the idea that everyone is similar.

Question 28

Positive law is most likely based on scientific methods.

Question 29

In Shaffer and Cochran's typology,the godfather:

A) engages the client in moral dialogue and tries to convince client of proper course of action
B) controls the client with his own moral compass as guide
C) promotes clients' interest above all others
D) does what the client wants

Question 30

Pornography must be considered harmful to individuals in order for legal moralism to be a valid justification for laws against it.

Question 31

Durkheim's concept of mechanical solidarity is the idea that we are all different parts that make up a whole.

Question 32

Lawyers who perceive themselves as legal agents would break rules for their clients.

Question 33

Law can be seen as a tool of behavior change.

Question 34

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

A) assembly line justice
B) bureaucratic justice
C) rational justice
D) wedding-cake illustration justice

Question 35

In Shaffer and Cochran's typology,the guru:

A) engages the client in moral dialogue and tries to convince client of proper course of action
B) controls the client with his own moral compass as guide
C) promotes clients' interest above all others
D) does what the client wants

Question 36

The Model Code of Judicial Conduct is organized into four canons including all of the following except:

A) a judge shall uphold and promote the independence, integrity, and impartiality of the judiciary
B) a judge shall perform the duties of judicial office impartially, competently, and diligently
C) a judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office
D) a judge or candidate for judicial shall engage in political or campaign activity that is consistent with his/her personal views

Question 37

Natural law refers to man-made law.

Question 38

According to the pluralist paradigm:

A) those who control major social institutions determine how crime is defined
B) law arises from interest groups but coalitions and shared interests may shift the balance of power
C) the definition of crime is fundamentally a tool of power
D) law contributes to the collective conscience by providing an example of deviance

Question 39

Legal paternalism is consistent with the ethical system of ethics of care.

Question 40

Cohen suggests some principles attorneys must follow to be considered moral.Which of the following is not one of these principles?

A) treat others as ends in themselves and not as mere means to winning cases
B) treat clients and other professional relations who are relatively similar in a similar fashion
C) do not deliberately engage in behavior that is apt to deceive the court as to the truth
D) share your clients' information with your associates so they can help you make decisions

Question 41

The term ________________________ refers to the justification for law that allows for protection and enforcement of societal morals.

Question 42

List and discuss the major justifications for law presented in your text.

Question 43

The term ______________________ refers to Durkheim's view that law resolves conflicts between equals,as in commutative justice (related to organic solidarity).

Question 44

Compare and contrast natural law and positivist law.

Question 45

Describe the moral agent,legal agent,and special relationship views of the attorney-client relationship.

Question 46

_________________________ refers to laws that protect individuals from hurting themselves.

Question 47

According to the _____________________ paradigm,there are many groups in society and they form allegiances and coalitions in a dynamic exchange of power.

Question 48

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

Question 49

The idea that most people have similar beliefs,values,and goals and that societal laws reflect the majority view is called the ___________________.

Question 50

A _______________ refers to the process of organizing knowledge; a way of seeing the world.

Question 51

What are Good Samaritan laws? Give examples.

Question 52

What is Cohen's position regarding the lawyer's role? How do Memory and Rose criticize this position?

Question 53

List and discuss the three paradigms of law.

Question 54

Compare and contrast pluralism and conflict theory as they relate to law and justice.

Question 55

Durkheim's concept of ___________________ is based upon differences among people,as exemplified by the division of labor.

Question 56

Durkheim's concept of collective conscience is referred to as _______________________.

Question 57

_____________________ is the name given for Durkheim's view (associated with mechanical solidarity)that law controls behavior that is different from the norm.

Question 58

Explain how people distinguish between law and justice.

Question 59

Discuss some laws justified by legal paternalism - provide the rationale for such laws as well as opposing arguments.

Question 60

The idea that groups in society have fundamental differences and that those in power control societal elements,including law,is called the _____________________.