Law & Society Exam 3

According to Pound, law is a __________ mechanism, a means to further the ends of society.

social

Pound emphasized the __________ ends of law rather than sanctions.

social

True or False: Pound viewed judicial ideals as a factor in the administration of law.

False

In primitive law, the end of law is to __________ the peace.

keep

True or False: Sociological jurisprudence tries to criticize legal phenomena regarding their relation to society.

False

True or False: Societal jurisprudence believes that law cannot be improved through human effort or endeavor.

False

Legal realists believe judges rely on __________ reasons for their decisions.

non-legal

Formalists think judges focus only on __________ reasons for their decisions.

legal

Most of the work of legal realists was done in __________ law.

commercial & business law

The obligation of good faith in the UCC was drafted by realist __________.

Karl Llewellyn

According to legal realists, studies can focus on how non-legal factors like __________ can determine law.

litigant characteristics & judge characteristics

Legal realists think that judges __________.

enforce the norms of commercial culture & try to do what they think is socioeconomically best for society

True or False: Requiring just compensation for landmark preservation designations would lead to preserving fewer buildings, according to Posner.

False

Law and economics focuses on __________ consequences and efficiency.

unintended

True or False: Coase argues that a loud candy maker should be forced to shut off the noise for his neighbor.

False

When economists say people are rational, they mean they are __________ intelligent.

not necessarily very

Calabresi argues that the relative costs of producing different goods is key for an __________ purchase.

informed

If I speed in a rainstorm, which part of the law and economics negligence formula increases?

P: probability increases

If I was driving a heavy tanker filled with highly flammable gas, which part of the formula increases?

C: cost of accident increases

Calabresi states that when the costs associated with an enterprise are not paid by it, then __________.

there is an understatement of the true cost of producing the good from it & people buy more of the good than they would if the costs were associated with it.