Issues in Law and Society
MidTerm Exam Study Guide
1. The U.S. Patriot Act extended the government’s right to detain, interrogate, and perform surveillance on suspected terrorists. True
2. Recent surveys show not only that most Americans favor capital punishment but also that the proportion of those supporting such laws is actually increasing. False
3. Free speech and the First Amendment allow Americans the freedom to verbalize their hatred for minorities. True
4. The collapse of the financial industry is blamed on excessive surveillance and government regulation that interfere with free enterprise. False
5. The costs of prisons are rising at a greater rate than the costs of education, transportation, and public assistance. True
6. Humanitarian law and human rights law are alternative terms for the same thing False 7. Courts of appeal are bound by their own precedents. False
8. When conservative judges cut back on individual rights they are behaving in an equally activist manner as liberal judges who allow personal views to infect their judgments. True
9. Although the more conservative justices of the early twentyfirst century are not favorably disposed towards the Warren Court’s due process decisions, they have not overturned them but rather merely narrowed their scope. False
10. When a Supreme Court justice upholds a precedent, it is because he or she personally agrees with it. False
11. For positive law, the moral and the legal are two separate worlds. True
Don't forget about the age old question of Why did humans apply domestication in the first place?
12. The issue of social versus individual justice is better illustrated by the dilemma of whether or not to go to war in Iraq than by whether or not to allow affirmative action. True
13. Our law assumes that human behavior is voluntary. True
14. Moral entrepreneurs try to use the law to impose their own sense of morality on others. True
15. There is very little evidence to support the view that America is becoming morally much more tolerant than it was before the Cold War. False
16. Costbenefit analysis is a central tenet of postmodern jurisprudence. True
17. The classical theorist most identified with the idea that people have certain rights by virtue of the fact that they are human beings is John Locke. True If you want to learn more check out What is the tendency to simplify and/or reduce the variation in our mental maps?
Don't forget about the age old question of Which parts of the brain are associated with language?
18. “The life of the law has not been logic, it has been experience” is associated with Oliver Wendell Holmes and legal realism. True
19. The major problem with a utilitarian form of jurisprudence is that it neglects the needs and interests of minorities. True
20. The law and economics school of jurisprudence emphasizes the need to have government regulation of business and financial institutions and not allow private parties to negotiate their own private settlements for wrongs done and related losses. False
21. Hobbes emphasized that human beings are basically good and will work towards common benefits if allowed the freedom to choose unfettered by a powerful state. False
22. Spencer applied Darwinist principles to the understanding of law. True
23. When it comes to the study of law, mathematics, statistics, and quantitative models are irrelevant. True If you want to learn more check out What hinders learning?
24. For Rousseau, human beings in a state of nature live a life of “all against all” and civilization serves a harmonious function in which true individuality is inspired. False
25. Durkheim believed that law evolves from restitutive to repressive as societies develop from primitive to more modern forms. False
26. The SarbanesOxley Act of 2002 was passed to
a) help make tobacco companies responsible for state healthrelated costs.
b) help make corporate executives more directly responsible for financial misrepresentations and to impose tougher penalties for corporate fraud.
c) help prosecute child sex abuse cases, especially as related to the scandal in the Catholic Church.
d) help deregulate government control over the defense industry.
e) None of the above.
27. With respect to abortion, which of the following is false?
a) Roe v. Wade struck down laws prohibiting abortion.
b) About half the states now require girls under 18 seeking an abortion to have parental permission.
c) Approximately onethird of the states now require those who seek an abortion to first receive counseling.
d) Abortion rates have continued to increase, reaching their highest level in 2003. e) The U.S. Senate recently passed a law prohibiting partialbirth abortions.
28. The United States has refused to sign the UN Convention on the Rights of the Child in the main because: We also discuss several other topics like What do they bind to and what direction do they move?
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a) it interferes with family values.
b) it interferes with parental autonomy.
c) it does not go far enough in protecting children.
d) Both a and b.
e) None of the above. The United States is signatory to this convention.
29. The financial meltdown during the first decade of the twentyfirst century a) was in part due to regulatory negligence.
b) was mitigated by high employment rates.
c) resulted in new legislation to impose greater oversight on financial institutions and instruments that even powerful conservative critics agree will help make the United States more competitive, improve profits, and add jobs.
d) All of the above.
e) None of the above.
30. Which of the following is false?
a) The welloff and wellconnected in America are more likely to view law in positive terms, whereas the poor and minorities are more likely to view it in negative terms.
b) Americans both love and hate the law.
c) Americans are not ambivalent about the law.
d) Most Americans do not often think about law in their normal daily lives. e) Americans have come to expect what has been termed “total justice.”
31. International law
a) is made by the United Nations and binds all member states.
b) comes about through treaties and accords.
c) is generally accepted by the international community.
d) is relatively easy to enforce.
e) All of the above.
32. Which of the following factors has not been identified as one of the four to be considered in connection with overruling an earlier decision?
a) The workability of the rule.
b) The extent to which the public had relied upon the rule.
c) The fact that the rule was wrong.
d) Relevant changes in legal doctrine.
e) Changes in facts or perception of facts.
33. Which of the following is not a characteristic of the inquisitorial method of trial?
a) All questions made by the attorneys are asked by permission of the judge.
b) The judge directly questions the defendant and witnesses.
c) The judge may directly interrogate the defendant’s attorney.
d) Emphasis is placed on finding the truth rather than on winning a case.
e) Each party tries to prevent the other from having its side of the story told in court. 34. Which of the following statements is false?
a) The life term of judges has been questioned because it may result in aging justices who are out of touch with the times.
b) It is generally agreed that the selection of judges by election is far superior to a system whereby judges are appointed to their positions.
c) It has been argued that federal appellatelevel courts, not the U.S. Supreme Court, have had a greater influence on American law simply because so many more legal issues are addressed and resolved there.
d) The idea that judges rely solely on law and legal precedent in deciding cases is known as “legal formalism.”
e) Critics of judicial activism claim it occurs when judges or justices allow their personal views on policy issues to infect their judgment.
35. Legal pluralism refers to
a) the fact that different systems of law may coexist.
b) the thesis that law is what most judges say it is.
c) the idea that some judges are more activist than others.
d) the movement to hold a convention to revamp the U.S. Constitution.
e) None of the above.
36. According to the text, which of the following is a perfect illustration of a moral universal?
d) All of the above.
e) None of the above.
37. The case of Abington School District v. Schempp (1963)
a) allowed school integration through busing.
b) concerned rights of students when it comes to search and seizure of school locker rooms.
c) concerned rights of religious schools to government funds.
d) concerned the prohibition of school prayer in public schools.
e) concerned the right to teach evolution in public schools.
38. The concept of defining what is just from “behind a veil of ignorance” is especially associated with
a) John Rawls.
b) Thomas Hobbes.
c) John Locke.
d) Oliver W. Holmes.
39. Which of the following are most associated with the intuitive concept of justice? a) Laws prohibiting murder.
b) Laws requiring a minimum age of 18 to make a contract.
c) Laws against gay marriage.
d) Laws prohibiting false advertising.
e) Laws allowing for a statesponsored religion.
40. “Jury nullification” means that:
a) the judge overrules the jury’s verdict.
b) the jury is disqualified.
c) the defendant gives up the right to a jury trial.
d) the jury finds the defendant not guilty despite facts and law to the contrary. e) None of the above.
41. Which of the following characteristics of jurisprudence is false?
a) Feminist jurisprudence has sensitized us to discriminatory paternalism and sexism in the law.
b) Critical race theory supports affirmative action as a necessary corrective to various injustices against people of color.
c) Traditional jurisprudences such as natural law and utilitarianism no longer play a significant role in our understanding of what makes a law valid.
d) Narrative jurisprudence suggests that literature can provide insights into alternative ways of bringing just solutions to contemporary legal problems.
e) Postmodern jurisprudence espouses the position that there can be no single solid foundation for law or for legal opinion.
42. A Brandeis Brief is an argument that
a) goes against traditional mainstream interpretations of the law.
b) incorporates social research data rather than being framed in totally legal terms. c) emphasizes facts of the case, laws, legal principles, and legal opinions. d) focuses on the economic consequences of a decision.
e) treats law as entirely autonomous.
43. Feminist jurisprudence advocates
a) agree that the commonality of women’s experience and not women’s variety of experiences or differences from men must be emphasized when making legal policy.
b) believe women are less amenable to mediation than men.
c) have advanced many legal developments such as protecting the battered wife, reforming rape laws, and introducing sexual harassment laws in the workplace.
d) Both a and c.
e) None of the above.
44. Which school of jurisprudence is incorrectly matched?
a) Natural law—freedom of speech.
b) Utilitarian jurisprudence—that which produces the most good for the most people is just.
c) Legal realism—the law is what the judges do.
d) Feminist jurisprudence—advancing the cause of rape reform and domestic violence laws. e) Critical legal studies—costbenefit analysis should drive our laws.
45. When generalizing about different schools of jurisprudence, it can be said with confidence that:
a) critical legal studies, feminist jurisprudence, interpretive jurisprudence, and the like have sensitized us to dimensions of the law not readily visible on the surface.
b) no one school of jurisprudence is immune from criticism for its limitations.
c) each school of jurisprudence is capable of enriching our understanding of the complexity of law, what it does, and how it does it.
d) conventional jurisprudence such as legal positivism, utilitarianism, or natural law has been criticized for protecting the status quo, lacking vision, and being dull.
e) All of the above.
46. Which of the following can be said about Emile Durkheim’s work on the law and society?
a) He believed that law expresses the will of the elite in society.
b) He wrote that as societies develop from primitive to modern, they move from repressive law to restitutive law to settle disputes.
c) He virtually ignored the role of law in promoting social solidarity.
d) He posited that the existence of any amount of crime in a society constitutes evidence of social pathology in society.
e) He overemphasized the conflict and social divisiveness that laws can promote.
47. Which of the following is not particularly characteristic of a positivist approach to the study of law?
a) Making and testing hypotheses.
b) Using quantitative data.
c) Exposing the political basis and agenda of law.
d) Viewing law as a measurable dependent variable.
e) Believing that social attributes of the parties involved in a case help to predict how it will be resolved.
48. The humanistic approach to the study of law is characterized by all of the following except that
a) it views law as a quantifiable variable that includes the number of arrests, cases, trials, decisions, complaints, and accusations happening within a society.
b) it views the human world as fundamentally different from the natural or physical world, such that it cannot be studied using scientific methods.
c) it makes extensive use of observation and qualitative data.
d) it is criticized for being subjective, impressionistic, and unverifiable.
e) it views narratives or stories about law as a valuable way to examine the meaning of law in our lives.
49. Which of the following social theorists is said to be in an argument “with the ghost of Marx”?
a) Max Weber.
b) Herbert Spencer.
d) Emile Durkheim.
e) Alexis de Tocqueville.
50. Those advocating a conflict or critical law perspective are most likely to research which of the following topics?
a) The circumstances under which people feel obligated to follow the law. b) How lawyers contend with conflict of interests in the legal profession. c) How the law reflects and reinforces the interests of white males.
d) The criminal consequences of disappearing national boundaries in Europe. e) Popular attitudes towards the law prohibiting prostitution.