課程名稱︰英美法導論
課程性質︰選修
課程教師︰張文貞
開課學院：法律學院
開課系所︰法律學系
考試日期（年月日）︰2018年4月24日
考試時限（分鐘）：110分鐘
試題 :
This is an open-book exam.
You are permitted to consult the reading materials, but not permitted to browse internet.If you store the reading materials in your own electronic devices, you must disconnect with the internet.
I. Single or Multiple Choices (50%)
1. Please indicate what is or are not the main purpose(s) of challenges for cause in the process of the voir dire?
(A) Finding jurors who tend to support either side
(B) Recruiting jurors who just like to take days off
(C) Removing potential jurors who are likely to be biased
Ans.(A)(B)
2. The list from which jurors are ultimately selected is called the venire.Which of the following lists is or are being used by American states for venire?
(A) List of voters
(B) Driver licenses records
(C) Utility company bills
Ans.(A)(B)(C)
3. Based upon your understandings of“common law”, which of the following statements is or are correct?
(A) Common law is case law that is different from statutory law.
(B) Within a common law system, common law is different from law of equity.
(C) Common law was meant to be a uniform system of law common throughout the land in contradistinction to the older local laws in the beginning of Anglo-Saxon common law development.
Ans.(A)(B)(C)
4. Which of the following is or are the correct holding of is the right holding of Marbury v.Madison?
(A) The writ of mandamus was rejected as the ground on which the application for the writ of mandamus was brought to the Supreme Court of the United States was found unconstitutional.
(B) The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection.
(C) Marbury has a right to the commission.
Ans.(A)
5. Which of the following courts in England has or have the jurisdiction over criminal cases?
(A) Magistrate Court
(B) County Court
(C) Crown Court
(D) Queen’s Bench
Ans.(A)(C)(D)
6. Based upon your understandings on modern American courts, which of the following statements is or are correct?
(A) Trial en banc means that the trial court of general jurisdiction exercises some appellate jurisdiction by conducting a completely new trial as if the case had never been brought before the petty court.
(B) All the judges of a particular district may choose to sit together on a case, which is called hearing a case“de novo”.
(C) Federal courts have jurisdiction over civil cases involving maritime law.
Ans.(C)
7. Based upon your understanding on the system of jury trial, which of the following statements is or are incorrect?
(A) A potential juror with physical disability can be automatically excluded for jury service.
(B) Peremptory challenges can be used to eliminate potential jurors without having to specify a reason.
(C) A potential juror whose state of mind shows bias against either litigant may be challenged for cause.
Ans.(A)
8. Please indicate which of the following statements is or are correct?
(A) Grand jury hearings are open to the public.
(B) Grand jury hearings are secret.
(C) Grand jury is conducted to decide on whether the prosecution has sufficient evidence to move ahead with criminal charges against a defendant accused of death penalty or felony crimes.
Ans.(B)(C)
II. Please briefly explain the following terms: (15%)
1. Jury summon:
Ans.Command from the court, every few years, valid excuse, specific time, specific court room.
2. Mistrial:
Ans.Declaration of the judge, a fatal defect, must be held again, jury unable to reach a verdict, outside pressure of the jurors.
3. Jury sequestration:
Ans.Major criminal cases, during a trial, sheltered from outside society, house and fed and government expense, prevention from communication outside the court, objective to prevent outside influence.
III. (25%)
Diana, an English professor teaching in University of Houston, Texas, lives with her lesbian partner, Anna, who works in an independent bookstore supportive of gay and lesbian rights and publications. They rent an apartment in Louisiana. On February 1,2018, Diana published a book on the history of gay rights movements, and she enclosed a picture in the book showing her and Anna working in their rented apartment. Gary, the owner of the apartment, is very religious and goes to church every Sunday morning.
He did not know that Diana and Anna were lesbian couple until he saw the book and the picture. He felt extremely embarrassed and regretted for leasing his apartment to them. Since the lease did not indicate any specific period, he decided to end the lease by the end of June 2018 and demanded Diana and Anna to move out by the said date. Upon receiving Gary’s notice, Diana and Anna felt very upset and being discriminated. After consulting with their lawyer friend, they decided to sue Gary for monetary
damages of 100,000 US dollars.
Based upon what you have learned so far, please answer the following questions:
If the case of Diana and Anna is met with the criteria for jury trial in Texas, would you advise them to opt for a jury trial? Why or why not? What are the advantages and disadvantages for jury trial in their case?
Ans.
Form: The standpoint—advantages, disadvantages, conclusion (weighing the advantages and disadvantages)
Content: The cost of jury trial, the length of the trial, the attitude of the jury (biased), the internal jury discussion, the amount of compensation, trial by fellow citizens, the attitude of the single judge
Additional points: e.g media attention, jury trial anonymous
5 points: 1-2 key points
10 points: mentioned a few points.
15 points: mentioned a few points, but not elaborated well
20 points: mentioned a few points but fully elaborated
25 points: fully elaborated with original ideas
IV. (10%)
Do you support the jury system as exemplified by the United States? Why or why not? For answering the question, please analyze advantages and disadvantages of a jury system based upon the movie, Runaway Jury, and give your opinion.
Ans.
Form: The standpoint—advantages, disadvantages, conclusion (weighing the advantages and disadvantages)
Content: The percentage of the movie in the argument, the manipulation of the jury or the judge (bribery), professional legal knowledge and training v. life experience, internal discussion of the jury, trial by fellow citizens, pressure on jury and judge, cost and length of jury trial.
3 points: mentioned one or very few points, not elaborated.
5 points: mentioned half points, but not elaborated/mentioned a few points but fully elaborated
8 points: almost elaborated all above points
10 points: fully elaborated with original ideas