Question

TRUE OR FALSE 1. The theory of retribution as a goal of punishment is grounded in the belief that the purpose of punishment is to protect society. This theory is embodied in the concept of imprisonment. 2. The enabling statute is to the administrative agency as the Constitution is to Congress. 3. If a court determines that the amount stipulated in a contract as liquidated damages is not meant to be an estimate of actual damages but punishment used to prevent a breach, it will call the stipulated sum a penalty and not enforce it. 4. A court construing an ambiguous criminal statute will generally apply the interpretation that is favorable to the government. 5. Sometimes courts make comments in their opinions that are not necessary to support the decision. These extraneous judicial expressions are referred to as precedents.

Answer 1

1. TRUE ..it is possibly the most logical and reasonably acceptable theory

2. FALSE - This enabling statute can allow something which wasn't 100% legal prior to that ,  whereas Constitution is about the already existing framework

3. TRUE its within the Courts power to determine the appropriateness of liquidation damages and modify it if necessary in case of a penalty

4. FALSE In a true democratic set up the courts should not favor any party but decide basis the merit of the case and still in case of ambiguity should favor the defendant , which may not be the govt.

5. FALSE - Precedents essentially refers to logic or rationing used in previous judgments and not any unconnected or irrelevant opinions