LLM Master of Laws: Law and Justice 3 — Questions and Answers
Question 1: In international law, the principle of jus cogens refers to:
- Optional treaty obligations
- Peremptory norms from which no derogation is permitted (Correct answer)
- Customary practices followed by a majority of states
- Rules binding only UN member states
Correct 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.
Question 2: Under the Model Penal Code, what mental state is required when the statute is silent on mens rea?
- Negligence
- Strict liability
- Recklessness (Correct answer)
- Purpose
Correct answer: Recklessness
MPC § 2.02(3) provides that recklessness is the default mental state when the statute does not specify one.
Question 3: Which equitable remedy requires a party to perform a specific act rather than pay monetary damages?
- Injunction
- Restitution
- Specific performance (Correct answer)
- Declaratory judgment
Correct answer: Specific performance
Specific performance compels a party to fulfill contractual obligations and is most common in contracts for unique property.
Question 4: The Alien Tort Statute (28 U.S.C. § 1350) grants federal jurisdiction over tort claims by aliens for violations of:
- Domestic statutory law only
- The law of nations or a US treaty (Correct answer)
- State common law
- International trade agreements
Correct 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.
Question 5: Which of the following best defines 'substantive due process' as used in US constitutional law?
- The right to a fair hearing before deprivation of property
- Judicial protection of fundamental rights from government infringement regardless of procedures followed (Correct answer)
- Equal protection under the law for all citizens
- The requirement that laws be prospective rather than retroactive
Correct 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.
Question 6: Under the Erie doctrine, a federal court sitting in diversity jurisdiction must apply:
- Federal common law on all substantive matters
- State substantive law and federal procedural law (Correct answer)
- The law of the state where the federal court is located for both substance and procedure
- Federal law exclusively to avoid forum shopping
Correct 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.
Question 7: Which legal philosopher is most closely associated with the 'internal point of view' as central to understanding law?
- Ronald Dworkin
- H.L.A. Hart (Correct answer)
- John Austin
- Lon Fuller
Correct 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.
LLM Master of Laws: Law and Justice 3
In international law, the principle of jus cogens refers to: