USF BUL 3320 Exam 1 (Ch 1-8) Questions and Answers

USF BUL 3320 Exam 1 (Ch 1-8) Questions and Answers Law - answer- Consists of rules that regulate the conduct of individuals, businesses, and other organizations in society Functions of Law - answer- 1. Keeping the peace 2. Shaping moral standards 3. Promoting social justice 4. Maintaining the status quo 5.Facilitating orderly change 6. Facilitating planning 7. Providing a basis for compromise 8. Maximizing individual freedom Standerfer v. United States - answer- Example of the Fairness of the Law: Chief Justice Warren Burger of the U.S. Supreme Court stated "This case does no more than manifest the simple, if discomforting, reality that different juries may reach different results under any criminal statue. That is one of the consequences we accept under our jury system." Brown v. Board of Education - answer- Example of Flexibility of the Law: Case that challenged separate school systems of four states - Kansas, South Carolina, Virginia, and Delaware. Supreme Court decided to revisit the "separate but equal" doctrine. Allowed them to integrate many of the public schools. Jurisprudence - answer- The philosophy or science of the law Natural Law School (of jurisprudence) - answer- Law is based on what is "correct." Emphasize a moral theory of law. Natural Law is "discovered" by humans through the use of reason and choosing between good and evil. Examples: Documents such as the US Constitution, the Magna Carta, and United Nations Charter reflect this theory. Moral Theory of Law - answer- Law should be based on morality and ethics Historical School (of jurisprudence) - answer- Law is an aggregate of social traditions and customs that have developed over the centuries. Changes in the norms of society will gradually be reflected in the law. To these legal philosophers, the law is an evolutionary process. Example: They look to past legal decisions to solve contemporary problems Analytical School (of jurisprudence) - answer- Law is shaped by logic. Results are reached by applying principles of logic to the specific facts of a case. Emphasis on the logic of the result rather than how the result is reached. Example: If the US Constitution would have freed the slaves or granted females the right to vote, it would not have been ratified by the states in 1788. Sociological School (of jurisprudence) - answer- Law is a means of achieving and advancing certain sociological goals. Follows are known as realists - believe that the purpose of law is to shape social behavior. They are unlikely to adhere to past law as precedent. Example: Laws that make discrimination in employment illegal and laws that impose penalties for drunk driving reflect this theory. Command School (of jurisprudence) - answer- Law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of society's morality, history, logic, or sociology. Law changes when the ruling class changes. Example: Having to be a certain age to serve in the military if they meet certain physical and other requirements Critical Legal Studies School - answer- Legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo. Legal disputes should be solved by applying arbitrary rules that are based on broad notions of what is "fair." Subjective decision making by judges would be permitted. Example: If a school has a rape law made by a man's perspective, these laws should be ignored and the judge can decide whether a rape has occurred in their subjective decision. Law and Economics School - answer- Promoting market efficiency should be the central goal of legal decision making. Example: Subsidizing houses that purchase low-rate interest mortgages provide incentives so that too many homes are built. If these laws didn't exist, then the free market would determine the exact number of houses that should be built. English Common Law - answer- Law developed by judges who issued their opinions when deciding cases. The principles announced became precedent for later judges deciding similar cases. Can be divided into three cases Law Courts - answer- Emphasize the form (legal procedure) over the substance (merit) of a case. Chancery (Equity) Courts - answer- People who believed that the decision of law court was unfair, they could go to the chancery court. Rather than emphasize legal procedure, they inquired into the merits. Equitable orders of the chancery court took precedence over the decision of law court.