LEGAL PHILOSOPHY: FINAL EXAMINATIONS Atty. Rochelle Dakanay-Galano 2009 1.

xplain what is meant by the universality of human rights as based on Natural Law (5pts.) and on Policy Science Perspective (5pts.)? 2. A sells his 1997 Nissan Sentra to B, a compadre and leaves it to B to determine the price. If B refuses to fix a price and simply takes the car, is he obliged to pay the price? Explain. (5pts.) 3. How would you compare the Civil Law system (5pts.) with that of the Common Law system (5pts.)? 4. What is the Policy Science Perspective and how does it define law? (5pts.) Explain its critique of Legal Positivism. (5pts.) What are the social values espoused under this perspective? (5pts.) 5. Explain how law relates to morality in Legal Positivism (5pts.) and in Natural Law. (5pts.) 6. Define law according to Legal Formalism (5pts.) and Legal Realism. (5pts.) 7. Why should the law be liberalizing according to Critical Legal Realism? (5pts.) 8. Explain the following statements: a. Functional perspective is known as sociological jurisprudence. (5pts.) b. The binding force of law is psychological. (5pts.) c. Law as a means of directing man to the maximum of happiness and minimum of misery. (5pts.) d. Law as an institution ordained by God. (5pts.) e. Law is a product of the judicial process. (5pts.) f. Equity follows law. (5pts.) 9. Demetrio knew that a piece of land bordering the beach belonged to Ernesto. However, since Ernesto was in Europe, no one was taking care of the land. Demetrio built nipa sheds on Ernestos land and rented out these sheds t o people on the beach. When Ernesto returned, he demanded return of the land. Demetrio agreed but only after he has removed the nipa sheds. Ernesto refused on the ground that the nipa sheds already belonged to him by right of accession. Who is correct? Decide the case using the functional perspective. (5pts.)