LLM Master of Laws: Law and Justice 2 — Questions and Answers
Question 1: Under the Eighth Amendment, which standard does the Supreme Court use to evaluate whether a punishment is cruel and unusual?
- Rational basis review
- Evolving standards of decency (Correct answer)
- Strict scrutiny
- Proportionality per se
Correct answer: Evolving standards of decency
The Supreme Court applies an 'evolving standards of decency' test, gauging societal consensus and its own judgment.
Question 2: Which theory of punishment focuses primarily on making the offender suffer a harm equivalent to the harm inflicted on the victim?
- Deterrence
- Rehabilitation
- Retribution (Correct answer)
- Incapacitation
Correct answer: Retribution
Retributive theory holds that punishment is justified because wrongdoers deserve to suffer a proportionate penalty.
Question 3: In the context of restorative justice, what is the primary goal of victim-offender mediation?
- Imposing maximum imprisonment
- Rehabilitating the judge's role
- Repairing harm through dialogue and agreement (Correct answer)
- Deterring future offenders through public hearings
Correct 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.
Question 4: The 'reasonable person' standard in tort law is best described as which of the following?
- The subjective intent of the defendant
- An objective measure of ordinary care expected in the community (Correct answer)
- The highest degree of care any professional could exercise
- A standard defined solely by statutory law
Correct 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.
Question 5: Which constitutional amendment prohibits double jeopardy in federal criminal proceedings?
- Fourth Amendment
- Fifth Amendment (Correct answer)
- Sixth Amendment
- Fourteenth Amendment
Correct answer: Fifth Amendment
The Fifth Amendment's Double Jeopardy Clause bars a second prosecution for the same offense after acquittal or conviction.
Question 6: John Rawls argued that principles of justice should be chosen from behind a 'veil of ignorance.' What does this veil exclude?
- Knowledge of legal precedents
- Knowledge of one's social position, talents, and life plan (Correct answer)
- Knowledge of other societies' laws
- Knowledge of historical injustices
Correct 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.
Question 7: Which doctrine allows federal courts to abstain from ruling on a constitutional question if the case can be resolved on narrower statutory grounds?
- Mootness doctrine
- Constitutional avoidance canon (Correct answer)
- Political question doctrine
- Standing doctrine
Correct answer: Constitutional avoidance canon
The constitutional avoidance canon directs courts to interpret statutes to avoid constitutional issues when a plausible alternative reading exists.
LLM Master of Laws: Law and Justice 2
Under the Eighth Amendment, which standard does the Supreme Court use to evaluate whether a punishment is cruel and unusual?