Certified Legal Assistant Certified Paralegal (CLA-CP) 2025 – 400 Free Practice Questions to Pass the Exam

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What role do judges play according to the formalist perspective on law?

Active creators of new laws

Impartial arbiters applying established laws

The formalist perspective on law emphasizes the application of established statutes and legal principles without regard for social or political considerations. Judges, within this framework, are viewed primarily as impartial arbiters whose role is to apply the law as it is written. This means they focus on interpreting the text of the law and making decisions based on existing legal frameworks rather than creating new laws or reshaping them based on personal beliefs or societal values.

This understanding reinforces the separation of powers in the legal system, where legislative bodies create laws, and the judiciary's role is to interpret and apply those laws in specific cases. This perspective ensures consistency, predictability, and stability in the application of law, which is foundational to the rule of law. Therefore, the correct answer underscores the idea that judges, from a formalist viewpoint, do not engage in legislative functions but instead remain steadfastly dedicated to the existing legal texts and frameworks.

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Interpreters of social values

Advisors in the legislative process

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