Classic Classic Quiz Contemporary Approaches to Legal Reasoning by Diamondsareforever Diamondsareforever 4 played - 9 yrs ago Discussion of legal reasoning with focus on MacCormick QUIZ 26 QUESTIONS expert 1 What does Hart fail to account for according to Dworkin? PrinciplesConsistencyContraditionMoralsDesire 2 What is generality? The law has to apply to a range of factual situationsOpen textured nature of legal languageJudicial discretionDangerous drivingShadows 3 What do judges apply according to Dworkin? DiscretionPenumbrasPrinciplesShadowsMorality 4 Example of a case that reflects Dworkin's views? Donoghue v StephensonGriswold v ConnecticutMarbury v MadisonRiggs v PalmerRoe v Wade 5 Example of clear rule Dangerous drivingNegligenceNuissanceOption to purchaseSpeed limit 6 What did MacCormick emphasise? Easy casesThat law is based on rulesThat most cases are hard casesStability of legal rules as guides of disposing with legal disputesGeneralisation from hard cases 7 What are easy cases? Ones which are hard to understandOnes where the law is uncontroversially appliedOnes which relate to the whole legal systemOnes which have an ordinary meaningOnes which are reasoned 8 What is the first stage of analysis according to MacCormick? Systemic argumentsConsequentialist argumentsMethodological analysisUncontroversial applicationTextual analysis 9 What is the second stage to MacCormick's analysis? Systemic argumentsTextual analysisConsequentialist argumentsLaw of principlesInterpretive methodology 10 What should systemic arguments be based on? PrinciplesMoralsTextual analysisConsistencyCaution 11 Who argued that the spirit of the law and principles were the most rarely used interpretive methods? KantKelsenMacCormickDworkinBobbio 12 What is the final stage in MacCormick's analysis? Textual analysisSystemic argumentsDiscretionMoral reasoningConsequentialist arguments 13 Who observed that all legal systems studied reflected democracy, seperation of powers and the rule of law? Dworkin & HartKant & KelsenMacCormick & SummersHart & MacCormickSummers & Hume 14 Who proposed the naturalistic fallacy argument? HartHumeSummersMacCormickKelsen 15 Who raised the problem of levels of generality in legal reasoning? DworkinBobbioStoneGoodhartMacCormick 16 Who argued that there are nine different extractions of precedent value? StoneDworkinBobbioGoodhartMacCormick 17 Example of a case to illustrate the problems with levels of generality Donoghue v StephensonRiggs v PalmerMarbury v MadisonRoe v WadeGriswold v Connecticut 18 Who argued that you should rely on the most specific legal tradition to determine specificity? StoneGoodhartDworkinScaliaMacCormick 19 Example of a court that freely varies levels of generality? UK Supreme CourtUS Supreme CourtHigh CourtMagistrates CourtCJEU 20 What is lex specialis? General lawPrincipled lawOpen lawSpecific lawBroad law 21 According to Kelsen what is interpretation part of? Lex specialisSpecific lawsSystem of lawDerivative sense of meaningSystem of norms 22 What is an originalist/conserving interpretation? Laws meaning can be updated by the courts through interpretationLaw evolvesLaw has a changing meaningLaw has a fixed meaning at the time of adoptionDeveloping the idea of privacy 23 What is an evolutive interpretation? Meaning can be updated by the courts through interpretationVarious possible methods and judge free to choose what bestLaw is a frame within which judge is free to use different standard methods of interpretationLaw has a fixed meaning at the time of adoptionLaw is as it is in its text 24 Who is associated with evolutive interpretation? Eskridge & RazMarx & BenthamAristotle & DescartesBentham & HareMarx & Fukoyama 25 Which of these is not an argument in favour of evolutive interpretation? Makes judges legislaturesAdapts to changing social needsReflects indeterminacy of legal textsReflects difficulty in determining intention of law maker 26 Which of these is not an argument against evolutive interpretation? Exaggerates legal indeterminacyReflects difficulty in determining intention of law makerMakes judges legislaturesUndermines objectivity of lawUndermines predictability of law A mistake in this Quiz ? Contact the author Commentaires
