JURI 610 Quiz Justice

JURI 610 Quiz: Justice, Rights, Contracts, and Constitutional Law

1. The chief normative significance of the Western history of justice, as discussed by Professor Berman, is which of the following:
2. Which of the following best exemplifies what “natural law” theory refers to?
3. Professor Berman stated that throughout the nineteenth and into the early twentieth century American primarily studied the law from which of the following:
4. Which of the following choices is one reason Professor Berman asserts that the radical separation of law and religion poses a threat to religion.
5. Jeremy Bentham called for what change in the law?
6. What was Sophocles referring to when he referred to laws that have been around forever and unknown when to have originated?
7. Professor Bix asserts that justice is a subset of morality.
8. Professor Berman asserted that the majority of those who drafted the Constitution opposed state control and support of religion.
9. Christopher Columbus Langdell and Oliver Wendell Holmes, Jr. invented the modern system of contract doctrine.
10. Professor Berman believes that the final protection against religious oppression is the constitutional guarantee of freedom of religion from governmental control.
11. Explain the starting point for the social contract theories premise that government can legitimately govern its citizens.
12. The older conception of consideration as a purpose or motive for a promise gave way to a conception of consideration as the price paid by the promise for the promise of the promisor. That change raised what question concerning consideration.
13. Explain the difference between the pre-Enlightenment and Enlightenment concept of law as discussed by Professor Berman in Chapter 8.
14. Explain why Professor Berman asserts that the radical separation of law and religion in the twentieth century American thought creates a serious danger that the law will not be respected.
15. Professor Berman explains his concern with the radical separation of law and religion in contemporary America. Briefly explain why he believes this separation creates a danger for religion.
16. According to Berman, how does utilitarianism describe what law is and on what it is based.
17. Who did Professor Berman identify in chapter 8 as the chief source on which individuals in American studied the law? And what did that individual say about the impact of the law of nature?
18. In chapter 11, Professor Bix discusses “will” and “reason.” From a biblical perspective, explain how a person engages in proper reasoning to determine whether a law is valid. Explain what should be considered and what the proper starting point is. The answer is not found in the textbook but, rather, requires application of a biblical worldview to the concepts we learned.
19. In Chapter 11, Professor Berman explains that the twelfth-century canonists, with the help of their contemporary Romanists, developed a series of principles that justified the characterization of general contract law. One of those principles was “that contracts that are unconscionable should not be enforced.” Explain the basis for that principle.

Set 2

1. Which of the following best exemplifies what “natural law” theory refers to?
2. Positivists believe which of the following about the source of laws.
3. Which of the following choices is one reason Professor Berman asserts that the radical separation of law and religion poses a threat to religion.
4. What was Sophocles referring to when he referred to laws that have been around forever and unknown when to have originated?
5. Which of the following best exemplifies what “positive law” refers to?
6. Professor Berman states that which of the following is the most important to secure obedience to the law:
7. A theory of law based on utilitarianism would allow some to suffer.
8. Rawls advocated for an interventionist State that would redistribute wealth.
9. Profit-making in itself was condemned by the canon law as a proper basis to form a contract.
10. Professor Berman asserted that the majority of those who drafted the Constitution opposed state control and support of religion.
11. Explain how Rawls believes we should determine the appropriate governing principles for society.
12. Briefly explain what “equity” meant for the twelfth-century canonists and Romanists in determining whether a contract should be binding.
13. The older conception of consideration as a purpose or motive for a promise gave way to a conception of consideration as the price paid by the promise for the promise of the promisor. That change raised what question concerning consideration.
14. Explain the difference between the pre-Enlightenment and Enlightenment concept of law as discussed by Professor Berman in Chapter 8.
15. Explain why Professor Berman asserts that the radical separation of law and religion in the twentieth century American thought creates a serious danger that the law will not be respected.
16. In Chapter 11, Professor Berman explains that the twelfth-century canonists, with the help of their contemporary Romanists, developed a series of principles that justified the characterization of general contract law. One of those principles was “that contracts that are unconscionable should not be enforced.” Explain the basis for that principle.
17. Who did Professor Berman identify in chapter 8 as the chief source on which individuals in American studied the law? And what did that individual say about the impact of the law of nature?
18. In chapter 8, Professor Bix defines “justice.” Given that he says justice “is a subset of morality,” from a biblical perspective explain how we should determine if something is achieving justice. The answer is not found in the textbook but, rather, requires application of a biblical worldview to this concept we learned.
19. According to Berman, how does utilitarianism describe what law is and on what it is based.