Methods to Apply the Law

Please select which of the following techniques are methods for applying the law

• Interpretation

• Reflection

• Further development of law

• Balancing

• Analysis

This method of application of the law is characterised by transposing the limits of wording of the issued material

When two principles demand conflicting solutions for the same case the correct method to use is...

A complete concept of legal principles says that they are norms that demand something to be...

• Optimised given the factual circumstances of a given case

• Optimised given the normative circumstances of a given case

• Applied in the exact way as they are previewed

• None of the above

How many steps does balancing consist of?

• 2

• 3

• 1

• None

To establish the correct relation of precedence in concrete cases one needs to resort to...

• the first law of balancing

• the canons of interpretation

• the product of the relation between the degree of importance of P1 and the importance of realisation of P2

• the fifth law of balancing

Choose the one correct statement regarding balancing principles

• The precedence relation between two principles in a given case is generalised for all cases with the same principles in conflict

• The preceded principle is excluded from the legal order

• The precedence relation is restricted to cases with the same relevant circumstances

Define the first law of balancing

According to Robert Alexy, how can one evaluate the degree of restriction and the importance of satisfaction of conflicting principles?

• By an unlimited numerical scale

• By artistic scale - light, moderate, serious

• By subjective criteria of comparision

• By subsumption

Which of the following statements is/are correct?

• Balancing makes possible to better analyse the reasoning of a decision

• Balancing allows clear critics to a certain legal-decision

• Balancing makes possible to propose better arguments/results to decide