FOL W7

What are the basic approaches to judicial decision making?

• Legal activism, legal positivism, and legal skepticism
• Legal absolutism, legal relativism, and legal subjectivism
• Legal formalism, legal realism, and legal activism

• Judicial activism, judicial restraint, and judicial minimalism

The main characteristics of legal FORMALISM are...

• Focus on subjective interpretation
• Emphasis on fixed rules, literal interpretation of laws, adherence to precedent
• Disregard for precedent
• Flexible application of rules

The judicial approach goes explicitly against formalism to avoid absurd outcomes (your answer does not need to say judicial in it)

What are the guideposts indicated by Justice Kirby for judicial activism?

• Opportunity

• Need

• Inclination

• Methodology

Which of the following best describes the principle of legal REALISM?

• The law is what the judge had for breakfast

• Judges should always follow the strict letter of the law, regardless of consequences

• The law is an autonomous system of logical propositions

• Legal decisions should be made based on the practical outcomes and real-world effects

What is the primary focus of legal POSITIVISM?

• The law's moral implications and ethical considerations

• The law as it is written and formally enacted, regardless of its moral or ethical implications

• The flexibility and adaptability of the law to new situations

• The historical and social conditions that gave rise to the law

Thomas Hobbes (1651) said that judges should be divested of all... (select all that apply)

• Fear

• Love

• Compassion

• Hatred

• Anger

Which concept is central to the theory of legal POSITIVISM?

• The law's ability to evolve with society

• The moral righteousness of the law

• The authority of legal texts and statutes as the source of law

• The influence of judges' personal beliefs on legal decisions

How does legal FORMALISM view the role of a judge?

• As an interpreter of societal values

• As a creator of new legal principles

• As an impartial arbiter applying fixed legal rules

• As a political actor influencing legal outcomes

What distinguishes legal REALISM from legal FORMALISM?

• A greater emphasis on the law's text over its practical effects

• A focus on the outcomes of legal decisions rather than the logical consistency of legal rules

• An adherence to precedent without regard for current societal needs

• The belief in an unchanging, universal set of legal principles