Asked by Rebekah Gonzalez on Jun 11, 2024
Verified
When the Supreme Court made its ruling on the legality of homosexual marriage, they considered social and economic conditions surrounding marriage rather than relying on precedent alone. This was an example of:
A) Cost-benefit analysis
B) Legal positivism
C) Historical school
D) Legal realism
E) Executive positivism
Legal Realism
A theory in law that emphasizes the real-world outcomes of cases and the roles of judges and societal influences, rather than purely relying on abstract legal rules or doctrines.
Homosexual Marriage
A legally recognized marriage between two individuals of the same sex.
Supreme Court
The highest judicial body in a country, specifically in the United States, it is the ultimate arbiter of federal constitutional law.
- Analyze the factors influencing judicial decisions, including but not limited to legal precedents and societal impacts.
Verified Answer
ZK
Zybrea KnightJun 15, 2024
Final Answer :
D
Explanation :
The Supreme Court's consideration of social and economic conditions in its ruling on the legality of homosexual marriage, rather than solely relying on legal precedent, is an example of Legal Realism. Legal Realism emphasizes the importance of the broader social context and the effects of laws, suggesting that the law should reflect the realities of society.
Learning Objectives
- Analyze the factors influencing judicial decisions, including but not limited to legal precedents and societal impacts.