Final Exam
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1.
Question 1
Which of the following is an example of American property law’s pragmatic orientation?
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A. A court’s finding of a trespass when someone merely enters onto another’s property without
permission.
B. A court’s interpretation of the law of licenses—as applied to movie theaters and tickets - according
to society’s prevalent understanding of the permissions afforded to ticket holders.
C. A court’s unwillingness to use the law of licenses to regulate access to movie theaters and places
of entertainment.
Correct
The correct answer is B. American property law is distinctively pragmatic in outlook and orientation.
A paradigmatic example of this pragmatism is Justice Holmes’s opinion in Marrone where he chose
to interpret the law relating to licenses, a branch of property law, by reference to common
understanding and usage.
2.
Question 2
Tort law aims to:
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A. Deter as well as compensate injury.
B. Make society safer and individuals more free.
Both options are true.
Correct
Both A and B are true and thus the correct answer is C. Tort law has many flaws but worthy aims.
Disparate judges, courts, attorneys, legislators and parties have a hand in naming and interpreting
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the high ideals of the common law of torts. Yet, there is broad agreement that tort law aspires to
deter avoidable injuries and justly correct through compensation those injuries that the law fails to
prevent or deter. The system of tort law also strives to contribute to the rule of law whereby
communities of economically and socially interdependent peoples can be both safe and free.
3.
Question 3
When Karl Llewellyn wrote about the importance of viewing substantive law through the spectacles
of procedure, what did he mean? [Show Less]