Certified Legal Assistant Paralegal (CLA-CP) Practice Test 2025 – Your All-in-One Guide to Exam Success!

Question: 1 / 400

Formalists believe what about the role of a judge?

They should be passive and only apply the law

Formalists maintain that the role of a judge is to be passive and strictly adhere to the law as written, without letting personal beliefs or external factors influence their decisions. This perspective emphasizes the importance of following established legal codes and precedents, ensuring consistency and predictability within the legal system. For formalists, judges are seen as interpreters of the law rather than creators. Their primary responsibility is to apply the law to cases before them, ensuring that the legal framework remains intact and that justice is served through the rule of law. This approach contrasts with more activist or interpretive judicial philosophies, which may advocate for broader considerations in the application of law.

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They should actively create new law

They should interpret laws based on public sentiment

They should focus primarily on past judicial decisions

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