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11/16/2024 10:16 AM
ENR 4400 Law and Legal Process midterm 1
Exam Questions With Correct Answers
What is John Austin's definition of law - answer✔A command which obliges a person or
persons, and obliges generally to acts or forbearances of a class or a course of conduct
What is Oliver Holme's definition of law - answer✔A prediction of what courts will do
What is the concept of breakfast law - answer✔Outcome of a court case depends on what
judge had for breakfast (random)
What is Stuchka's legal philosophy law definition - answer✔Law is a system (or order) of social
relationships which corresponds to the interests of the dominant class and is safeguarded by
the organized force of that class
What is the concept of lunch law - answer✔Law depends on who the judges and legislators had
lunch with
What is Aristotle's definition of law - answer✔What an individual community lays down for
itself
What is positive law - answer✔Laws that are recognized and enforced by human institutions
What is natural law - answer✔Law of nature, reason, morality
What are the four difference between natural law and positive law - answer✔Level of
importance (natural law concerns more important things than positive law), how they are
changed (positive law has a process to change usually written in law, natural law changes as
culture shifts), responsibility for inability to act, and enforcement
How is positive law enforced - answer✔Regulations, statutes, common law (case law)
How is natural law enforced - answer✔Feelings of guilt, social norms, and religious punishment
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, ©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
What are four commonalities between natural law and positive law - answer✔Prohibitions
against violence, at least a minimal amount of property rights, sanctions against non-
compliance, and provisions for compromise (self-defense) and exchange
What are characteristics of law - answer✔always evolving, where decisions and policies come
into action in a community, serves the interest of the community not the powerful
Describe the natural, positive, and scientific law for air pollution - answer✔the natural law is
every human has the right to breathe clean air, the positive law is the Clean Air Act requires
EPA to regulate emission of pollutants that "endanger public health and welfare", the scientific
law is the ozone is created by chemical reactions between oxides of nitrogen and volatile
organic compounds (VOCs) and the combination in the presence of sunlight form ozone which
is harmful to humans
What are the ideals of political authroity - answer✔It possesses expertise that renders it better
able to establish how individuals should act, it possesses a steadier and more unbiased will,
deciding for oneself causes anxiety and is costly so following authoritative rule reduces both, it
often is in a better position to achieve what the individual has reason to want but is in no
position to achieve
Where did we draw our laws from - answer✔Code of Hammurabi, Justinian Code, Anglo-Saxon
law
What does law do for us - answer✔Resolve disputes and provides a remedy, maintain order,
framework within which common expectations of daily activities or accidents can be met,
government functioning, protect citizens against excessive or unfair government power, protect
society against excessive or unfair power, decencies of life
How is law limited - answer✔Social conditioning, popular habits, attitudes, ideals, human
frailties in emergencies, risk in administration, internal disputes, knowledge
What must occur for legal legitimacy - answer✔Dual concepts of consensus and rationality
What makes up the law - answer✔Statutes, rules or regulations, case law/ common law
What are statutes - answer✔Written, created, and put into force by the legislature
What are rules/ regulations - answer✔Created by administrative agencies
What is case law/ common law - answer✔Made of court decisions (federal, state, or local),
written by elected or appointed judges, interprets statutes rules and common law
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