FOL W9

What is the significance of ADR in the legal profession?

• ADR is significant in the legal profession as it offers a faster and more cost-effective way to resolve disputes outside of court.

• ADR is insignificant in the legal profession as it is rarely used

• ADR is only used for minor disputes in the legal profession

• It offers an option which transcend an adversarial outcome

What recent event has increased the demand for access to justice?

• COVID-19 pandemic
• Economic recession
• Global warming
• Cyclone season

What is the role of a judge in a non-adversarial system?

• To act as a mediator between the parties involved
• To provide legal advice to the parties
• To actively investigate the case, gather evidence, and seek the truth.
• To make decisions based on personal bias

The judicial approach goes explicitly against formalism to avoid absurd outcomes

• Positivism

• Formalism

• Natural Law

• Realism

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

• Legal realism focuses solely on individual rights.
• Legal realism is based on abstract legal principles only.
• legal decisions should be made based on the practical outcomes and real-world effects

• Legal realism disregards the influence of social, economic, and political factors on law.

Which concept is central to the theory of legal positivism?

• Separation of powers

• Deontological ethics
• Utilitarianism
• Natural law theory

Which of the following best represents a critique of legal positivism?

• It overly emphasises the moral and ethical dimensions of law

• It fails to account for the dynamic and changing nature of societal values

• It places too much importance on judicial discretion and interpretation

• It strictly confines the law to the boundaries of written statutes and codes

Latin phrase for the doctrine of precedent

• Obiter dictum
• Res ipsa loquitur
• Habeas corpus
• Stare decisis

In common law systems, judges expand areas of law, sometimes drastically...

• Yes

• No

• Never, even if there was a fire

• It realisitcally is the only function of a judge is to undermine the legislature

What part of a decision is binding to lower courts in a common law system?

• precedent
• verdict
• ruling
• ratio decidendi