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Which of the following branches of jurisprudence does legal moralism fall under? O Analytic jurisprudence. O Descriptive legal philosophy. O Normative philosophy of law. O
Which of the following branches of jurisprudence does legal moralism fall under? O Analytic jurisprudence. O Descriptive legal philosophy. O Normative philosophy of law. O Moral theology. O Political Philosophy.Question 2 Since they are both legal positivists, John Austin and H.L.A. Hart agree with each other on whether modern legal systems have sovereigns that are above the law. ) True ) False Question 3 1 pts Which of the following is an example of the elemental kinds of mens rea there are? O Recklessness. O Moral wickedness. O Mistake of law. O A guilty mind. O An actus reus.Question 4 1 pts According to St. Thomas Aguinas, which of the following can be identified with the moral law, which humans can come to know through the use of reason? () The eternal law. ) The divine law. (3 The natural law. ) Human law. () None of the above. Question 5 1 pts According to St. Thomas Aquinas, positive law is only fully valid and binding if it is derived from, or is consistent with: () The eternal law. ) The divine law. (3 The natural law. ) Human law. () Mone of the above. Question 6 1 pts According to legal formalism, judicial decisions are (or at least should be) entirely rule-driven. ) True )y False Consequentialist standard [ Choose ] to evaluate the content of the law. [ Choose ] Weak legal paternalism. Judicial review. Government of laws and Legislative review. Principle of respect for rights. not of men. Formal rule of law. Executive review. A court's review of Substantive rule of law. Principle of beneficence. executive or legislative Moral paternalism. decisions.. Pro tanto duty. Strong legal paternalism. Non-absolute obligation [ Choose ] that may be overridden by stronger obligations. Liberty-limiting principle [ Choose ] where the state may try to help people better achieve their own welfare without overriding their own judgment about what is good for themselves.Question 8 3 pts Answer the following question in your own words, keeping direct quotations to a minimum (if at all necessary), and using exclusively class materials. No use of external materials will earn students any credit. Any unacknowledged use of external materials will be considered plagiarism. A single instance of plagiarism will result in the plagiarizing student getting a grade of zero on the whole exam and in failing the class. Your answer should be no longer than 300 words. Question: Using John Rawls' definition of "civil disobedience,\" could civil disobedience be justified in a legal system where there is a formal rule of law? If so, what stronger duty could override the duty to obey the law in such a system? If not, why not? Tl LAV LI WD W e Answer the following question in your own words, keeping direct quotations to a minimum (if at all necessary), and using exclusively class materials. No use of external materials will earn students any credit. Any unacknowledged use of external materials will be considered plagiarism. A single instance of plagiarism will result in the plagiarizing student getting a grade of zero on the whole exam and in failing the class. Your answer should be no longer than 200 words. Question: Use the necessity defense to explain what a pro tanto moral duty to obey the law is. lllustrate your explanation by applying the necessity defense to a case where someone violates a traffic law that prohibits running a red light. Edit View Insert Format Tools Table Answer the following question in your own words, keeping direct quotations to a minimum (if at all necessary), and using exclusively class materials. No use of external materials will earn students any credit. Any unacknowledged use of external materials will be considered plagiarism. A single instance of plagiarism will result in the plagiarizing student getting a grade of zero on the whole exam and in failing the class. Your answer should be no longer than 200 words. Question: Given that the U.S. is expected to be a constitutional democracy, what is an argument against judicial review based on democratic legitimacy? Also, what argument is there in favor of judicial review based on constitutional legitimacy
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