JURI 510 Quiz 1,2,3,4

JURI 510 Quiz 1,2,3,4

JURI 510 Quiz 1 Chthonic Law and Legal Citation

1. The most evident feature of a chthonic legal tradition is its:
2. Tradition is a network because:
3. The Chthonic tradition incorporates all of the following, except:
4. In order to recognize another tradition, there are threshold requirements of knowledge and understanding.
5. A tradition that is oral in character can easily lend itself to complex institutions.
6. According to the author of the textbook, tradition consists of three concepts. Which one of these is not a concept?
7. Presence of the past is a variable combination of the means of its capture, in the past, and the means of its articulation or perception in the present.
8. In the first chapter of the textbook, Glenn examines how tradition and corruption have often gone hand-in-hand. However, one of the main functions of a legal tradition is:
9. Pastness is the most obvious and generally accepted element of tradition.
10. Western courts have never been used to affirm and protect chthonic use of land.
11. The Chthonic legal tradition is profoundly conservationist.
12. Comparative reasoning permits and facilitates judgment.
13. In legal writing, the opinion of the individual writing is enough—supporting authority is unnecessary.
14. The citation method that is frequently used in legal documents and the method you are to use in this course is:
15. An epistemic community is one:
16. Modern means of communication facilitate advocacy on a mass scale and the advent of computer technology and social media have given rise to the apparently new concept of a/an:
17. Chthonic law is inextricably interwoven with all the beliefs of chthonic and indigenous peoples and is inevitably, and profoundly, infused with all those other beliefs.
18. Adherents to a tradition, or a group within a tradition, constitute a local area network of information, or private cloud.
19. Traditions are internally unstable. There are two sources of instability that are related to one another. What are those two types of instabilities?
20. The Chthonic tradition preserves the past through:
21. The Bluebook citation method can be used as in-text citations or in footnotes.
22. Scholarly, academic sources include all of the following, except:
23. If tradition is information, then the tradition which attracts the most adherence will be the one whose information is the most persuasive.
24. The toleration of the pluralist ideal is an easy task.
25. The chthonic tradition often incorporates which type of governing body:

JUR 510 Quiz 2 Talmudic and Civil Law

1. Some economists, relying on survey information, claim that the civil law is inefficient compare to what type of law?
2. Talmudic law is rooted in:
3. The Talmudic tradition is defined by its sources, which are both divine and written and in no way dependent on what is called elsewhere decisional law or case law or jurisprudence.
4. Most of the history of civil law tradition is inextricably linked with that of chthonic legal tradition.
5. The Talmud teaches that it must be universalized, salvation may not be achieved outside, and others must convert.
6. The Torah is the most important single element in the bran-tub of Jewish legal tradition.
7. Once rights exist, and everyone has them without regard to birth or origin or wealth, then there is also a notion of social equality.
8. The Talmud is finished and complete.
9. The consequences of the Judeo-Christian tradition, for law, were enormous. Not only, in the Christian version, was the human person the center of the world, as God’s delegate and because of the sharing in God’s power of reason, but this could itself be known because of human reason, with the aid of revelation, and human reason could be put to work to fulfil God’s instructions.
10. The visible elements of what we know as the civil legal tradition include all of the following, except:
11. Jewish law existed prior to Moses, but God’s revelation to Moses on Mount Sinai changed the existing law of Jewish people.
12. In the civil law tradition, human beings are created in the image of God, and possess powers of reason which are a reflection of God’s, they may act in the world as delegates or lieutenants of God.
13. The word Torah means more than just the Pentateuch, it also means:
14. There are two consequences from rationality in law. The first is that human construction is possible; from no thing can be developed some thing. The second is:
15. Today, the world of the Talmud contains great diversity of thought, probably more than ever before in its history.
16. The Bet Din continues to function around the world, wherever there is a Jewish population. It is composed of:
17. Civil law interprets constitutional guarantees of people as being of universal application; all people on the inside benefit from them.
18. In the absence of institutional barriers, civil law can go essentially where it wants to go, so the texts multiply. Resulting in not only civil codes, but penal codes, commercial codes, urban codes, codes of taxation, etc.
19. Roman law found its origins in advice given, by jurisconsults, with respect to particular cases or disputes.
20. Based on the Talmudic tradition when performing obligations, one shows one’s love of God.
21. Match the following: Type of Civil Code, The Perfect Author, The written opinions of those learned in the law, The process of interpretation, One of the earliest forms of Civil law

JURI 510 Quiz 3 Common Law and the Islamic Legal Tradition

1. Prior to the development of the writs there was no common law, no way to state a case or get before a judge.
2. Within the Islamic trade market there are three forms of transaction or collaboration. Which of the following is not one of the three:
3. There are several sources of Shari’a. Which one of the following is not a source?
4. Ijma (agreement), once reached within some level of the Islamic community, is sanctioned by the highest of authority, and its legitimacy as a source of law can be surpassed only by the Koran itself and by the Sunna.
5. Islamic law is similar to the laws of the United States because both are very general expressions and, to solve a problem, you have to know which school’s law is applicable, or which state law.
6. These two oldest schools of Islamic legal thought, which appear to have been taught prior to the canonization of the Sunna, remain attached to a wider range of techniques of legal reasoning.
7. According to Glenn, the particular genius of U.S. law has been its constructive combination of elements of both civil and common law.
8. In the common law tradition, land is not owned. If you buy a house in the common law world today, you become, not the owner, but the holder of a/an ________________ estate.
9. The Common law tradition developed using writs. Each writ gave rise to a:
10. Law in the United States is generally seen as adhering to a common law family.
11. The common law has become one of procedure—the role of the judge went from deciding the outcome of the case to leaving the decision to the jury.
12. Within the Islamic legal tradition there is legal language that corresponds to that of “individual right.”
13. The Common law tradition distinguishes itself from other legal traditions with the use of loyal
14. The function of the Qadi is to resolve disputes in accordance with civil law, and the process is characterized by a high degree of corruption and partiality.
15. Western expansion, whether rooted in common or civil law, has come about through three essential techniques or concepts. Which of the following is not one?
16. C. van Caenegem concluded that the Common law tradition as a result of historical accident, and as a result of this accident the first discernible state came into being in Europe with defined boundaries and a central government.
17. A common law tradition must today be highly rigid and unaccommodating if it is to provide some measure of commonality to the diverse legal orders which have been associated with common law.
18. Unlike other types of law, in the Qadi dispute resolution method, the law of each case is different from the law of every other case, and all parties are under an obligation to ____________ to bring together the objectively determined circumstances of the case and the appropriate principles of the
19. The work of Islamic lawyers is now directed not only towards the internal working out of the Shari’a, but also towards ongoing justification of the entire Islamic legal enterprise.
20. There are two basic types of instability in Islamic practice: (1) Working of the tradition itself, the inevitable fluidity of its concepts, techniques, and structures; (2) Process of renunciation of immediate application of these concepts and structures, in favor of some form of (freer) delegated authority.
21. Match the following: The Reading, The way or path to follow, The opinion of the mufti, Binding authority attaching formally to each decision, Court of Chancery

JURI 510 Quiz 4 Hindu and Confucian Legal Traditions

1. There are three great Dharmasastras, which one of the following is not:
2. Vedic law lived in close association with many traditions, especially chthonic traditions, never purporting to abrogate them, and the importance of local tradition is an ongoing theme in Hindu thought.
3. In China, there is a long tradition of fa playing a subordinate role to the li of the Confucians.
4. The Confucian tradition is a pluralist from of legal order, in which different forms of normativity co-exist and even constantly rub against one another, each being recognized by the other as necessary yet each busily pushing at the boundary which separates them.
5. Being Hindu originally had more to do with belief, rather than territory like it is today.
6. One of the main reasons that fa is often lacking in credibility is because it has been used as an instrument of politics and public order.
7. The Confucian legal system is full of attorneys often litigating small details in many layers of Civil courts.
8. The Ch’in empire was to be one of li, and the notion of li was a key idea in its creation.
9. Dharma is:
10. The kings of India have always possessed some regulatory or legislative power.
11. Teaching the Vedas was the task of the _____________, who did it largely from __________.
12. The law of the Sastras is now legislation, meant to establish a single, common statutory standard for all Hindus.
13. Since Confucianism is based on the idea of the innate goodness of human nature, it cannot be said to be opposed to the value of human life.
14. Buddhism emerged essentially in protect against the legal formalism of Hindu teaching.
15. Li is a sovereign command.
16. In a Confucian society motivated by a sense of loyalty to human relations there is no major impetus to change.
17. Match the following:
    1. Fa
    2. Li
    3. Confucian society
    4. Guanxi
18. Match the following:
    1. Veda
    2. Sutras
    3. Karma
    4. Kshatriya
    5. Vaishyas