Law & Society Exam 3

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

• True

Pound said we should lay stress upon the social ends of law rather than sanctions

• True

Pound did not see judicial ideals as any factor in the administration of law 

• False

According to pound in primitive law the end of law is to keep the peace 

• True

Sociological jurisprudence does not try to criticize legal phenomenon with respect to their relation to society

• False

Sociology jurisprudence doesn't think law may be improved by human effort or endeavor 

• False

Legal realists think that judges rely on non-legal reasons for their decisions

• True

Formalists think judges focus only on legal reasons for their decisions 

• True 

Most work of legal realists was done in criminal law

• False (commercial & business law)

The obligation of good faith in the UCC (uniform commercial code) was drafted by famous realist Karl Llewellyn

• True

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

• C - Both: Litigite characteristics & Judges characteristics 

Legal realists think that judges ___

• C - Both: Enforce the normals of commercial culture, try to do what they think is socioeconomically best for society 

According to Posner requiring just compensation for landmark preservation designations would lead to preserving less buildings

• False

Law and economics focuses on unintended consequences and efficiency 

• True

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 very intelligent 

• False

Calabresi says that relative costs of producing different goods is key for an informed purchase

• True

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

•  A - P: probability increases

What if I was driving a heavy tanker filled with highly flammable gas which part of the formula increases

• B - C: cost of accident increases

Calabresi says when the cost associated with an enterprise are not paid by it then ___

• C - Both: understatement of the true cost of producing the good from it & people will buy more of the good from it than they would if they were associated with it