Chapter 1: the Social Nature and Significance of Law

Full file at http://testbankeasy.eu/Test-bank-for-Law-and-Society,--- Barkan Chapter The Social Nature and Significance of Law 1

Multiple-Choice

1. What caused the heart attack suffered by Terri Schiavo that led to her falling into a persistent vegetative state? a. a car accident b. an eating disorder c. a genetic heart condition d. a prescription error

Correct Answer: b (p. 2)

2. In 2004, the Supreme Judicial Court of ______declared gay marriage legal in that state. a. New York b. California c. Washington d. Massachusetts

Correct Answer: d (p. 2)

3. In which city did voters approve a new law legalizing possession of small amounts of marijuana? a. Portland, OR b. Nashville, TN c. Denver, CO d. Tucson, AZ

Correct Answer: c (p. 3)

4. One important function of law as a social institution is to help maintain social order. This is called the _____ function. a. value b. normative c. social control d. deterrence

full file at http://testbankeasy.com Full file at http://testbankeasy.eu/Test-bank-for-Law-and-Society,--- Barkan 5. The ____ means that no one in a democracy, no matter how wealthy or powerful the individual may be, is above the law. a. rule of balance b. due process rule c. code of equity d. rule of law

6. Which of the following was not mentioned as a dysfunction of law? a. It sometimes promotes social change. b. It may create and perpetuate inequality. c. It may reflect the moral values of influential social groups. d. It may complicate matters more than ease them.

Correct Answer: a (p. 6)

7. The traditional view of law holds law as a self-contained system of _____. a. principles b. logic c. justice d. control

8. Which of the follow people was identified as a U.S. Supreme Court Justice (serving from 1902-1932) who had a quote that aptly summarizes the social science view of law and how it differs from the traditional view. a. Clarence Darrow b. Willis Forbes c. Milton Friedman d. Oliver Wendell Holmes

9. Which of the following is not an assumption made by law and society scholars? a. The legal system is autonomous. b. Laws and legal decisions may have a potential impact on one or more aspects of society. c. Major changes in society often bring about changes in the law. d. Law, whether considered as rules or as a legal system, reflects the type of society in which it is found.

full file at http://testbankeasy.com Full file at http://testbankeasy.eu/Test-bank-for-Law-and-Society,--- Barkan 10. The various kinds of rules that help guide behavior refer to the dimension of law known as ______. a. organization of the legal system b. legal culture c. legal procedures d. substance of law

11. How and why laws get enacted refers to the _____ dimension of law. a. substance of law b. legal procedures c. organization of the legal system d. legal culture

12. The structure and functioning of law in its many various components refers to the ______dimension of law. a. legal culture b. substance of law c. legal procedures d. organization of the legal system

13. The dimension of law known as ______refers to the beliefs and values that people hold about law and the legal system. a. organization of the legal system b. legal procedures c. legal culture d. social justice

14. Which of the following is not identified as one of the three general areas of study in law and society scholarship? a. the operation of the legal system b. legal culture c. social justice d. the origins and impacts of the substance of law

full file at http://testbankeasy.com Full file at http://testbankeasy.eu/Test-bank-for-Law-and-Society,--- Barkan 15. Which of the following concepts does not fall in the province of law and society scholarship nor in that of traditional legal scholarship? a. rules b. justice c. procedures d. substance of law

16. The hypothetical case regarding the Speluncean Explorers concerned ______. a. cannibalism b. fraud c. the issue of state’s rights d. a U.S. Supreme Court decision regarding the rule of law

Correct Answer: a (pp. 14-15)

17. In casting lots, what did the Speluncean Explorers use? a. a knife b. a stick c. paper d. dice

18. Which of the following terms relates to the U.S. v. Holmes case? a. gun b. lifeboat c. campfire d. train wreck

19. What did the judge in the Zenger seditious libel case tell the jury to disregard? a. the possible truth of Zenger’s publications b. the fact that Zenger had been previously convicted of slander c. Zenger’s race d. Zenger’s age

20. The Zenger seditious libel case and abolitionist case illustrate the a. the logic of law and just outcomes. b. the failings of the rule of law. c. the power of state laws. d. the absence of law.

Correct Answer a (p. 18)

full file at http://testbankeasy.com Full file at http://testbankeasy.eu/Test-bank-for-Law-and-Society,--- Barkan True-False

1. In 2007, the U.S. Supreme Court ruled in two cases to make it easier for prosecutors to exclude jurors with qualms about the death penalty in capital cases. T (p. 1) 2. Anthropologists studying traditional societies have emphasized in their studies of law the dispute settlement (conflict resolution) function of law. T (p. 5) 3. Law is rarely if ever used to produce social change. F (p. 5) 4. LSAT questions measure the applicant’s reasoning ability. T (p. 8) 5. The traditional view of law holds that law is, and should be, a self-contained system of logic. T (p. 8) 6. In the social science view of law, law is considered a social institution. T (p. 8) 7. Law and society scholars view the legal system as being autonomous. F (p. 9) 8. Law and society scholarship is typically focused on whether a particular legal finding is right or wrong. F (pp. 9-10) 9. The concept of justice does not fall in the province of law and society scholarship. T (p. 12) 10. The legal doctrine of equitable estoppel is used in fraud cases and takes into account the actions of the defendant in determining when any statute of limitations should begin. T (p. 13-14)

Fill-In

1. As a social institution, law ideally serves important functions for society. One function is to help maintain social order. This is called the ______function.

Correct Answer: social control (p. 4)

2. The term ______says that no one in a democracy, no matter how wealthy or powerful the individual may be, is above the law.

Correct Answer: rule of law (p. 5)

3. Law school curricula generally reflect the ______view of law.

Correct Answer: traditional (p. 8)

4. The ______view of law understands law to be firmly embedded in society.

Correct Answer: social science (pp. 8-9)

5. One dimension of the law and society view of law is the ______, or the various kinds of rules that help guide behavior.

Correct Answer: substance of law (p. 10)

6. ______refers to the beliefs and values that people hold about law and the legal system.

Correct Answer: Legal culture (p. 10)

full file at http://testbankeasy.com Full file at http://testbankeasy.eu/Test-bank-for-Law-and-Society,--- Barkan 7. Whether a legal ruling is just or unjust or fair or unfair for any party in a case is ______in legal scholarship.

Correct Answer: irrelevant (p. 12)

8. The case of the Speluncean Explorers is a ______story.

Correct Answer: hypothetical (p. 14)

9. In the Speluncean Explorers case, we see a vivid example of the conflict between the traditional view of law and questions of ______.

Correct Answer: justice (p. 16)

10. The 1735 trial involving a New York newspaper publisher who was arrested for ______was used as an illustration of the tension between the logic of law and just outcomes.

Correct Answer: seditious libel (p. 17)

1. Explain what the author means by saying that the law is a social phenomenon. 2. Identify and illustrate two functions of law. 3. Identify and illustrate two dysfunctions of law 4. Differentiate between the perspectives offered on law by proponents of the traditional view of law and by proponents of the social science view of law. 5. Explain the place justice has in both the traditional and social science views of law.

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