Classic Quiz
Quiz General knowledge

Quiz Contemporary Approaches to Legal Reasoning

Diamondsareforever
Diamondsareforever
4 played - 9 yrs ago

Discussion of legal reasoning with focus on MacCormick

 

Expert QUIZ 26 QUESTIONS
expert
 
Question 1 / 26

What does Hart fail to account for according to Dworkin?

 
Question 2 / 26

What is generality?

 
Question 3 / 26

What do judges apply according to Dworkin?

 
Question 4 / 26

Example of a case that reflects Dworkin's views?

 
Question 5 / 26

Example of clear rule

 
Question 6 / 26

What did MacCormick emphasise?

 
Question 7 / 26

What are easy cases?

 
Question 8 / 26

What is the first stage of analysis according to MacCormick?

 
Question 9 / 26

What is the second stage to MacCormick's analysis?

 
Question 10 / 26

What should systemic arguments be based on?

 
Question 11 / 26

Who argued that the spirit of the law and principles were the most rarely used interpretive methods?

 
Question 12 / 26

What is the final stage in MacCormick's analysis?

 
Question 13 / 26

Who observed that all legal systems studied reflected democracy, seperation of powers and the rule of law?

 
Question 14 / 26

Who proposed the naturalistic fallacy argument?

 
Question 15 / 26

Who raised the problem of levels of generality in legal reasoning?

 
Question 16 / 26

Who argued that there are nine different extractions of precedent value?

 
Question 17 / 26

Example of a case to illustrate the problems with levels of generality

 
Question 18 / 26

Who argued that you should rely on the most specific legal tradition to determine specificity?

 
Question 19 / 26

Example of a court that freely varies levels of generality?

 
Question 20 / 26

What is lex specialis?

 
Question 21 / 26

According to Kelsen what is interpretation part of?

 
Question 22 / 26

What is an originalist/conserving interpretation?

 
Question 23 / 26

What is an evolutive interpretation?

 
Question 24 / 26

Who is associated with evolutive interpretation?

 
Question 25 / 26

Which of these is not an argument in favour of evolutive interpretation?

 
Question 26 / 26

Which of these is not an argument against evolutive interpretation?

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