ENR 4400 - Law and Legal Process Exam
Questions With Correct Answers
What is law according to three definitions learned in class? - answer✔1. A command which
obliges a person to acts or forbearances --- it tells you how to act or prohibits you from acting
(John Austin)
2. A prediction of what courts will do---ultimately whatever a court decides, all law is
interpreted (Oliver Wendell Holmes)
3. A system of social relationships which corresponds to the interests of the dominant class &
safeguarded by them---elites create and protect laws to serve own interests (Stuchka)
What is positive law? - answer✔Laws that are recognized and enforced by human institutions,
aka particular law
What is natural law? - answer✔The concept that there is a universal notion of right and wrong,
one which everyone instinctively apprehends, aka universal law
Which type of law can "give a way in from the outside of the elite" - answer✔natural law -- ex.
Toussaint L'Oeuvreture and the Haitian slave revolt
What are the four main differences between natural law (morality) and positive law? -
answer✔1. Level of importance
2. How they are changed
3. Responsibility for inability to act
4. Enforcement
What are four commonalities between natural law and positive law? - answer✔1. Prohibitions
against violence
2. At least a minimal amount of property rights
3. Sanctions against non-compliance (they both have consequences)
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