Name____________________________

 Law in Society: Sample Midterm Questions
M. Leaf                                                                                                  Fall 2000

Always choose the best answer. Time is one hour. Total points available are 379.  There is nothing magical about the number; just use it to allocate your time (about 6 points a minute).

A. Indicate whether the following statements are true (T) or false (F). Write your judgement in the left margin.  If the question seems ambiguous, you can write a brief explanation of your evaluation below the line.  (2 pts each, 110 total)

1. In the law of the Roman Republic, magistrates were elected for fixed terms.

2. In the Roman Republic, law was the command of the Emperor.

4. Vox populi vox dei means the voice of the people is the voice of the Gods.

5. Holmes argued that the difference between law and morality was that law was external.

6. Holmes said that the only force at work in the development of law was logic.

10. Ehrlich says that coercion is socially indispensable.

11. In Pound's view, law is a method of social control.

12. In Pound's view, law is a means by which people control each other.

16. Bohannan describes custom as a body of binding obligations regarded as a right by one party and acknowledged as a duty of by other, and kept in force by reciprocity and publicity.

17. A norm is a sanction backed by a preponderance of force.

18. Bohannan describes the legal system as taking a dispute out of its ordinary context, resolving it, and inserting it in its resolved form back into that ordinary context.

19. Socio-legal studies, according to Campbell and Wiles, are the same as jurisprudential studies, only under another name.

20. According to Campbell and Wiles, sociology of law is aimed at furthering knowledge of the law in terms of the wider social

28. Nonet argues that Black's own work is one of the few examples of studies which disregard norms and focus only on behavior, and that it is not fruitful.

29. Nonet agrees that it is desirable to study human affairs without making statements about values.

30. Nonet says the sociological study of law should contribute to institutional design and guide the diagnosis of institutional problems.

31. Parsons says all legal jurisdiction is territorial.

32. Leaf says that all law or legal jurisdiction is territorial.

33. Parsons says that questions of the legitimacy of the legal system always lead to religious questions or their functional equivalent.

34.  Pound rejects the idea that law is concerned with adjusting the exercise of free wills.

35. Pound argues that in last century social interests were recognized in legal decisions even though judges explicitly denied  doing so.

36. By "social interest" Pound means the interest of society as a whole, or the state, rather than individuals.

37. According to Parsons, law must be distinguished from mechanisms of social control that focus on the solution of fundamental problems, rather than the regulation of the relations of the parts to each other.

38. According to Parsons law tends to go by the board in totalitarian societies that are in a hurry to settle fundamental values.

39. Cowan's position is that in the history of law, law based on social status has gradually been replaced by law based on individual contract.

40. Cowan argues that common law in particular is fundamentally individualistic.

41. Cowan discusses the group interest aspects of administrative law, labor law, and legislation.

42. According to Kelson, the Marxist view of law is that it only exists when the means of production are under the control of a minority of people in the society.
44.  According to Antunes and Hunt, we can reduce crime by increasing the certainty of conviction, without worrying about making sentences more severe.

45. Gibbs measured certainty of punishment by dividing the average number of prison admissions for homicides in 1960 by the  average known number of homicides for the previous two years, in each state.

49. Sarat shows that those who have greater knowledge of the law (in Wisconsin) were less likely to be satisfied with it.

50. Sarat's purpose was to examine the relationship between knowledge of the law, satisfaction with law, and compliance to law.

51. Sarat found that people who were more satisfied with the law tended to obey it more.

54. The treaty on Nuclear Proliferation is aimed at preserving the earth from the dangers of atomic war.

55. The treaty on Nuclear Proliferation is enforced by the United Nations' Security Council.
 

B. Matching.  (15 points each; 45 total)

1. Connect the person to the concept of law they developed and argued for. Write the letter of his view in the space by his name.:

___a. O. W. Holmes    a. Law is the self discipline of force.
___b. E. Ehrlich        b. The social function of law is
___c. R. Pound            integration.
___d. T. Parsons       c. Living law is law which is almost
                                    impossible to think of violating.
___e. R. von Ihering  d. Law is a prophecy of what a court
                                     will decide.
                                  e. Considerations of social interests are
                                    unavoidable in law.

2. The left hand column contains important concepts from the arguments you have read. The right hand column contains closely related concepts from those same arguments.  Link each concept in the left hand column to its related concept in the right column.
 
___a. custom is sanctioned     a. custom is not law
___b. status law persists          b. strangers cannot be trusted
___c. law creates conflict        c. private property is unjust
___d. law is ideology              d. administrative law deals with class interests.
_  _e. study ideals and norms   e. sociology should build on jurisprudence.

Multiple Choice, Pick the One Best Answer:

1. When Holmes said that in order to understand law, students should see it as a bad man does, he meant:

 a. The most important thing about a law was whether it could be evaded or not.
 b. You should consider a law without regard to its social purpose.
 c. You should view the law as a prediction that a given act will be followed by a given penalty.
 d. You should not be concerned with precedent or tradition.
 

3. Ehrlich argued that the stability of the law was due to:
 a. the overwhelming force behind it.
 b. the power of the dominant groups which impose it.
 c. the broadness and abstraction it has accumulated over time.
 d. the social norm(s) that it is derived from.

4. Which of the following is not part of Bohannan's idea of double institutionalization:

      a. Removal of a trouble case from its normal social setting.
      b. Prohibiting  the re-insertion of the trouble case back in its normal setting.
      c. Resolution of the trouble case by the application of state force.
      d. Resolution of the trouble case by different rules of  evidence than would apply in its normal setting.
 
6. Which of the following is not provided in the Universal Declaration of Human rights?

 a. the right to own property.
 b. the right to a presumption of innocence in a criminal trial.
 c. the right to live according to the moral norms of one's community.
 d. penalties for nations which fail to provide or recognize these rights.

7.The Convention on the Prevention and Punishment of the Crime of Genocide was:

 a. A contract, which bound the signatory governments to enact enforcement provisions that would be consistent with their respective constitutions.
 b. A general recommendation for the way in which governments should act.
 c. A law of the United Nations, to be enforced by the International Court of Justice.
 d. Model legislation, which was left up to each sovereign nation to enact or follow according to its own interests.

D. Short answer.  Answer the question briefly in the space provided.  You may continue on the back of the page, but it should not be necessary. (12 points each; 72 total)

1. Holmes says that the history of the law is the history of the moral development of the race.  He also says that one should not confuse law and morality.  Explain why this is not a contradiction.
 

2. Ehrlich says that the power and independence of judges is
inversely related to the power and importance of legislation.  Explain how this could be, in terms of his overall view of law.

5. In the Fukuoka patricide decision, what was the difference of opinion regarding the meaning of "equal protection" between the trial court and the supreme court?
 
Sample interpretive multiple choice:

1.  Jhering says that “The “idea” of property cannot contain anything which is in contradiction with the “idea” of society.   This standpoint is a last remnant of that unhealthy conception of the Law of Nature which isolated the individual as a being all apart. It needs no proof to show where it would lead to if an owner could retire to his property as to an inaccessible fortress.”  This means:
a.  Jhering rejects the idea that a person is absolutely free to do whatever he wishes with his own private property.
b. The idea of society depends on and can only be derived from the idea of property: society depends on property.
c.   Private property is established by natural law.
d.   Individuals are naturally separate; associations are not legally real.

2. O. W. Holmes says “I take it for granted that no hearer will misinterpret what I say as the language of cynicism.  The law is the witness and external deposit of the moral development of the race.” This means that:
a. Morality has nothing to do with law.
b. Law is different for different races.
c. Law reflects our moral development.
d. Law reflects our development in making our moral ideas available externally.

 


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