CRJ 480 Social Science in Law

Spring 1999

N.H.A. Karunaratne

Final Exam

This is a take home test. Please answer all questions. Use full sentences.

  1. State the Daubert test in determining the scientific validity of expert testimony.
  1. Briefly explain the significance of the United States Supreme Court decision in the Daubert case in the field of scientific evidence, specially in regard to the relation between law and science in the context of expert testimony.
  1. Give short and straight answers to the following questions.
  1. What is the syllogistic structure of legal formalism? State the major premise, minor premise and the conclusion.
  2. What movement in legal thought gave rise to the use of social science in law?
  3. What was the impact of the rise of science, Darwinism and Freudian theory in particular, on how the law was perceived at the time?
  4. Name three early jurists who challenged formal jurisprudence.
  5. According to the U.S. Supreme Court in General Electric Company v. Robert K. Joiner what is the proper standard for reviewing a lower court's decision to admit or exclude scientific evidence?
  6. Define the concepts of "legislative facts" and "adjudicative facts."
  7. Define the "rational basis" test and state the name of a case where the court used this test to determine constitutionality of legislation.
  8. Define the "compelling interest" test and state the name of a case where the court used this test to determine constitutionality of legislation.
  9. Define the "exceedingly persuasive justification" test and state the name of a case where the court used this test to determine constitutionality of legislation.
  10. Define the concept of "social framework" and briefly explain how it is different from "legislative fact" and "adjudicative fact" categories.
  1. Summarize in not more than two paragraphs the views expressed by Holmes on the law in his book, The Common Law (1881).
  1. Write two paragraphs on Muller v. Oregon and its significance in the field of social science and law.
  1. State the main points of Roscoe Pound's theory of Sociological Jurisprudence.
  1. What is legal realism? How do the views of Karl Llewellyn differ from those of Holmes?
  1. Briefly explain how social science was used to determine facts in trademarks cases. Use Zippo, La Victoria Foods and the Squirt Company cases as examples.
  1. Briefly describe the role played by social scientific evidence in obscenity cases.
  1. State the legislative fact assumption in Plessey v. Ferguson that was challenged using social science in Brown v. Board of Education and explain how social science was used in Brown to make law.