BLAW 220 EXAM 1 Questions and Answers
-natural law
-legal positivism
-historical school
-legal realism
4 schools of thought
One of the oldest and most significant schools of legal thought. Those who believe in natural law hold that there is a universal law applicable to all human beings...
-natural law
-legal positivism
-historical school
-legal realism - answer 4 schools of thought
One of the oldest and most significant schools of legal thought. Those who believe in
natural law hold that there is a universal law applicable to all human beings and that this
law is of a higher order than positive, or national, law.
- Aristotle's notion that people have natural rights
A. natural Law
B. legal positivism
C. historical school
D. legal realism - answer A. natural Law
A school of legal thought centered on the assumption that there is no law higher than
the laws created by the government. Laws must be obeyed, even if they are unjust, to
prevent anarchy.
- Antithetical to Aristotle, rights only exist because of laws
A. natural Law
B. legal positivism
C. historical school
D. legal realism - answer B. legal positivism
A school of legal thought that stresses the evolutionary nature of law and looks to
doctrines that have withstood the passage of time for guidance in shaping present laws.
- Past laws shape present laws
A. natural Law
B. legal positivism
C. historical school
D. legal realism - answer C. historical school
, A school of legal thought that generally advocates a less abstract and more realistic
approach to the law. This approach takes into account customary practices and the
social and economic circumstances in which transactions take place.
- Laws cannot be total uniform, that human biases always exist
A. natural Law
B. legal positivism
C.historical school
D. legal realism - answer D. legal realism
- constitutional law
- statutory law
- administrative law
- case law and common law doctrines - answer sources of American Law
The law as expressed in the U.S. Constitution and the various state constitutions. The
U.S. Constitution is the supreme law of the land. State constitutions are supreme within
state borders to the extent that they do not violate the U.S. Constitution or a federal law.
A. constitutional law
B. statutory law
C. administrative law
D. common law doctrines - answer A. constitutional law
The rules, orders, and decisions of federal or state government administrative agencies.
Federal administrative agencies are created by enabling legislation enacted by the U.S.
Congress. Agency functions include rulemaking, investigation and enforcement, and
adjudication.
A. constitutional law
B. statutory law
C. administrative law
D. common law doctrines - answer C. administrative law
Laws or ordinances created by federal, state, and local legislatures. None of these laws
can violate the U.S. Constitution, and no state statute or local ordinance can violate the
relevant state constitutions. Uniform laws, when adopted by a state legislature, become
______ in that state.
A. constitutional law
B. statutory law
C. administrative law
D. common law doctrines - answer B. statutory law
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