Legal Theories And Principles

Summary

Judge Jasper aligns with legal realism, believing law is shaped by social forces. Joans case illustrates stare decisis, where courts follow previous rulings. Eltons proposed law is statutory. Zaydens situation differentiates substantive law (defining crime) and procedural law (right to appeal). Megans Law was created by Congress.

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Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called: the historical school of legal thought. legal realism. legal positivism. the natural law theory.
Given Judge Jasper's belief that law is shaped by social forces and needs, he aligns with the theory of **legal realism**.
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Joan’s lawyer, Albert, feels pretty good about the chances of winning Joan’s case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan’s case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan’s favor is an example of: stare decisis. persuasive authority. precedent. common law.Joan’s lawyer, Albert, feels pretty good about the chances of winning Joan’s case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan’s case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan’s favor is an example of: stare decisis. persuasive authority. precedent. common law.Joan’s lawyer, Albert, feels pretty good about the chances of winning Joan’s case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan’s case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan’s favor is an example of: stare decisis. persuasive authority. precedent. common law.
The fact that the trial court decided Joan’s case in her favor based on a similar prior case is an example of **precedent**.
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Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as: an ordinance. administrative law. common law. statutory law.
The type of law that Elton and his colleagues will enact is known as **statutory law**.
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Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over *.*%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that: the law that defines the crime is a procedural law, and the law that provides for the right to appeal is a substantive law. both laws are procedural. both laws are substantive. the law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.
In Zayden's situation:
- The law that defines the crime (driving while intoxicated) is a **substantive law**.
- The law that provides for the right to appeal is a **procedural law**.
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Megan Kanka was raped and murdered in *, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by: the U.S. Supreme Court. Congress. a federal agency. a federal district court.
The federal statute requiring law enforcement authorities to make information available to the public regarding registered sex offenders, known as Megan's Law, was created by **Congress**.
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Joan’s lawyer, Albert, feels pretty good about the chances of winning Joan’s case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan’s case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan’s favor is an example of: stare decisis. persuasive authority. precedent. common law.
The fact that the trial court decided Joan’s case in her favor based on a similar prior case is an example of **precedent**.
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the answer was not precedent
The correct answer for the scenario involving Joan's case is **stare decisis**, which means the court follows the principle of precedent, but the direct principle in play is stare decisis. This principle ensures that similar cases are decided in a consistent manner by adhering to previous rulings.
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