LPM Exam UPDATED Questions and
CORRECT Answers
Describe the western legal tradition - CORRECT ANSWER- separation between legal
and other institutions like religion
the rule of law is thought of as equality before the law and the law is derived from rights of
individuals
compare and contra...
LPM Exam UPDATED Questions and
CORRECT Answers
Describe the western legal tradition - CORRECT ANSWER✔✔- separation between legal
and other institutions like religion
the rule of law is thought of as equality before the law and the law is derived from rights of
individuals
compare and contrast civil law and common law? Which is prevalent in the US legal system -
CORRECT ANSWER✔✔- common law is unwritten, centered on previous cases like what
judges decided, previous decisions with similar facts govern current cases, rights are derived
from decisions and laws, there is trial by jury
civil law is that which is written down like the constitution
both exist in the legal system
what is law according to pound (12 principles, 3 categories) - CORRECT ANSWER✔✔-
Law is a reflection of the true and good
- divinely ordained rule
- law as tradition
-law as recorded wisdom of wise men
-law as reflection of the divine reason governing the universe
law as reflection of discoveries
- philosophically discovered system of principles that express nature of things
- law as a body of ascertainments and declarations of an eternal immutable moral code
- system of precepts discovered by human experience (im more free if i treat others as free)
- discovery of rational true, eternal life of man is measured by reason
- dictates economic or social laws, discovered by observation
law as a reflection of political, social, or economic reality
- body of agreements of men in politically organized society
-body of commands of the sovereign authority
-system of rules imposed on men in society by dominant class to further its own interest
, last point describes US legal system and maybe third to last
what is the moral evaluation of law - CORRECT ANSWER✔✔- if laws are passed by the
proper people, enforced properly, no procedural reason to object the law, then the law must be
just, how can we consider it unjust? well is slavery following these things or abortion? yes,
but perhaps unjust
So, then what is natural law? - CORRECT ANSWER✔✔- law is thought of as a reflection of
moral truth or morality where there is a measure of right and wrong, we make laws to see the
good
what are the two different versions of natural law - CORRECT ANSWER✔✔- religious: st.
thomas aquinas where the divine reason known only to God is discoverable by reason, we are
compelled to pursue particular goods
secular: hobbes, locke, rousseau, universal declaration of human rights, we should revolt if
our human rights are violated
what are the drawbacks to natural law? - CORRECT ANSWER✔✔- raises the possibility that
our laws are not really laws at all, what if people have different ideas of what is moral or
good, the pursuit of good does not always lead us to the same conclusions
some laws that we have seem to be amoral or immoral like tax code or no feeding the
homeless, so this does not cover everything
who responded to natural law and what did they argue for - CORRECT ANSWER✔✔- john
austin proposed the idea of legal positivism
what is legal positivism - CORRECT ANSWER✔✔- law is what is written or what we posit
it to be, he thought that law had to do with commands and obligations and punishments if the
laws are not followed, it is about the command portion and not the content like if it is moral
or not, they are meaningful because if we don't follow through we will be punished not
because of an intrinsic morality
how does austin describe a command? - CORRECT ANSWER✔✔- ones wish or intention
that another act in a certain way, expressed by a superior who has the capacity and
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