Master of Laws: Law and Justice Flashcards
7 cards from real LLM practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Master of Laws: Law and Justice flashcards as text
Under the Eighth Amendment, which standard does the Supreme Court use to evaluate whether a punishment is cruel and unusual?
Answer: Evolving standards of decency
The Supreme Court applies an 'evolving standards of decency' test, gauging societal consensus and its own judgment.
Which theory of punishment focuses primarily on making the offender suffer a harm equivalent to the harm inflicted on the victim?
Answer: Retribution
Retributive theory holds that punishment is justified because wrongdoers deserve to suffer a proportionate penalty.
In the context of restorative justice, what is the primary goal of victim-offender mediation?
Answer: Repairing harm through dialogue and agreement
Victim-offender mediation aims to restore relationships and address harm through a facilitated dialogue between victim and offender.
The 'reasonable person' standard in tort law is best described as which of the following?
Answer: An objective measure of ordinary care expected in the community
The reasonable person standard is an objective benchmark measuring conduct against what an ordinary, prudent person would do.
Which constitutional amendment prohibits double jeopardy in federal criminal proceedings?
Answer: Fifth Amendment
The Fifth Amendment's Double Jeopardy Clause bars a second prosecution for the same offense after acquittal or conviction.
John Rawls argued that principles of justice should be chosen from behind a 'veil of ignorance.' What does this veil exclude?
Answer: Knowledge of one's social position, talents, and life plan
The veil of ignorance strips choosers of personal facts—class, race, abilities—so they select fair principles impartially.
Which doctrine allows federal courts to abstain from ruling on a constitutional question if the case can be resolved on narrower statutory grounds?
Answer: Constitutional avoidance canon
The constitutional avoidance canon directs courts to interpret statutes to avoid constitutional issues when a plausible alternative reading exists.