Legal Realism 0.0 / 5 ? LawLSRUniversityAll boards Created by: LaunstonCreated on: 12-05-14 17:48 What is the traditional view that legal realists seek to challenge? The existing legal doctrine supplies uniquely correct answers to legal problems 1 of 14 The judicial task originally involved...? The mechanical, uncontroversial derivation of legal conclusions without regard to consequences 2 of 14 According to legal realists, what is a 'myth'? Legal Reasoning 3 of 14 '...' do not determine '...'? General propositions, concrete cases 4 of 14 What is the realist argument against rules have definitive outcomes? The amount of rules means there is a large amount of support for both sides in a case 5 of 14 Why does Jerome Frank believe that even if rules are clear, outcomes in cases will always be different? The findings of judges cannot be predicted 6 of 14 Who agrees with realists that 'rules are not always conclusive' but then says that 'some rules can have an agreed upon meaning'? Hart 7 of 14 According to Dworkin, where there is 'confusion about a statute or precedent, there are...?' Right and wrong ways to read them 8 of 14 According to Oliver Wendell-Holmes, who must we look at the law as? The bad man 9 of 14 Llewellyn disagrees that the sovereign is the law-maker, who does he think decides the law? Judiciary 10 of 14 What is Hart's major criticism of Llewellyn's theory? It leaves out the normativity of law as being guides to conduct 11 of 14 What can judges not be criticised for? Departing from standards that don't exist 12 of 14 How do judges really decide cases? They have a gut instinct to cases and find material to back this up 13 of 14 What are the two styles of common law judges reasoning put forward by Llewellyn? Grand and Formal 14 of 14
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