University of Calgary

LWSO 201

1. According to legal positivism: a. There is no connection between law and morality b. Law is a body of rules, enacted and applied by public officials, who are subject to the law which is backed by the force of the state c. Law must be attentive to the moral principles that underlie a community’s institutions d. All of the above e. A and B 2. Legal positivists define law as a. Different from custom and convention b. The body of rules enacted following specific procedures, and applied by public officials c. Backed by the force of the state d. All of the above e. None of the above 3. Lon Fuller’s story of the imaginary King Rex is meant to illustrate that: a. The core claim of legal positivism – that there is no connection between law and morality – is incorrect. b. All legal rules must meet 8 minimal conditions in order to count as genuine laws. c. King Rex’s principles were so flagrantly lacking in morality that his system of governance could not be a legal one. d. All of the above e. B and C 4. What is an ‘offence’? a. A broken right resulting in punishment b. A broken law resulting in a fine or imprisonment c. A broken custom resulting in community banishment d. A and C e. None of the above 5. The new institutionalist (NI) approach to investigating the law and the courts might see the outcome in the Drummond case about the baby born with the pellet in its brain as: a. As an effect of various institutional factors connected to the larger political governing system in which rules created by the government or the courts about access to the courts, evidence, discretion, interest groups and media. b. Unconstitutional because it affirmed the born alive rule and ignored the argument that a fetus has rights. c. Constitutional because it affirmed the born alive rule and ignored the argument that a fetus has rights. d. A decision that can only be explained in terms of judicial activism e. None of the above 6. Legal realists tend to reject the philosophical orientations of natural law and legal positivism as “unrealistic” view of law, and instead argue that the law: a. Is an autonomous system of rules and principles that courts can logically apply in an objective fashion to reach a determinate and apolitical decision. b. Is shaped by the political, social, economic, and technological context. c. Is a system of rules and principles that can never be used to shape positive social outcomes. d. Is the product of decisions made by judges who bring their individual attitudes and other external forces to bear on the decision-making process e. B and D only 7. Critical legal studies theorists argue that law is: a. Contingent on political and socio-economic factors, entrenches the interests of the powerful, protects private property rights and individual rights. b. Undermines social democracy and collective efforts to redistribute wealth, opportunity, and protect minority rights c. An unbiased system of rules and regulations d. none of the abo