Master of Laws: Law and Justice Flashcards

In international law, the principle of jus cogens refers to:

Answer: Peremptory norms from which no derogation is permitted

Jus cogens norms—such as the prohibition on genocide—are fundamental and cannot be overridden by treaty or custom.

Under the Model Penal Code, what mental state is required when the statute is silent on mens rea?

Answer: Recklessness

MPC § 2.02(3) provides that recklessness is the default mental state when the statute does not specify one.

Which equitable remedy requires a party to perform a specific act rather than pay monetary damages?

Answer: Specific performance

Specific performance compels a party to fulfill contractual obligations and is most common in contracts for unique property.

The Alien Tort Statute (28 U.S.C. § 1350) grants federal jurisdiction over tort claims by aliens for violations of:

Answer: The law of nations or a US treaty

The ATS gives federal courts jurisdiction over civil actions by aliens for torts committed in violation of customary international law or US treaties.

Which of the following best defines 'substantive due process' as used in US constitutional law?

Answer: Judicial protection of fundamental rights from government infringement regardless of procedures followed

Substantive due process protects certain fundamental rights from government interference even when proper procedures are used.

Under the Erie doctrine, a federal court sitting in diversity jurisdiction must apply:

Answer: State substantive law and federal procedural law

Erie R.R. v. Tompkins (1938) held that federal courts must apply state substantive law but follow federal procedural rules.

Which legal philosopher is most closely associated with the 'internal point of view' as central to understanding law?

Answer: H.L.A. Hart

H.L.A. Hart argued in 'The Concept of Law' that participants who accept legal rules from an 'internal point of view' are essential to a functioning legal system.