Which statement best expresses the realist view of judicial decision-making?
Correct answer: B. The practical outcome may depend on facts, institutions and judicial choices
- A. Judges decide cases solely by applying mechanically fixed rules
- B. The practical outcome may depend on facts, institutions and judicial choices
- C. Legal validity depends entirely on whether a rule is morally good
- D. Custom is the only genuine source of law in every legal system
Explanation
Legal realists emphasise how facts, judicial behaviour, institutional setting and practical consequences affect decisions. They do not necessarily deny the existence of rules, but they reject the idea that rules alone mechanically determine every result.
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About Jurisprudence
Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
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