To Midterm Review Questions

The Final Exam, scheduled for 10:00am, December 20, 1999, will consist of two questions taken from the following list. As we have discussed in our classes, there are no single right or wrong answers. Whatever position you take, be sure to support it with evidence drawn from the assigned readings (and from class discussions). Failure to refer to assigned readings will significantly count against you.

1. You are at home, kicked back, relaxing, watching a re-run of the first O.J. Simpson trial, and generally minding your own business. Your best friend walks onto the scene and asserts "Don't you think American judges are a bunch of philosopher kings? They exercise ultimate power, and there is no way to control what they do." How would you respond to her?

2. In many ways, our court system looks much like the rest of the political process. Assess this statement. Then, present an argument about how, despite its similarities to ordinary politics, the judicial process really is above politics. Be specific in your answer.

3. Conventional wisdom is that decisions in the judicial process are reached according to the following formula: "F x L = D," where F=facts, L=law, D=decision. F and L are the only factors relevant to determining any decision. Assess the merits of the conventional wisdom here, giving examples to support your argument.

4. Having read Shooting an Elephant, state whether you think the officer exercised wise discretion. Defend and support your position.

5. Judicial decision-making in our system relies heavily on the practice of stare decisis. In other words, judges are very careful to ground their decisions in precedent. Having completed some legal research of your own this semester, assess this judicial decision rule, drawing examples from the problem area you researched to support your points.

6. The vast majority of criminal "justice" that is delivered in our society is done so without trial. Explain, with examples. Do you see any implications here for the concepts of "justice" and "fairness"?

7. Recall the parable, Before the Law, in which the first door to the legal system was depicted. You are Kafka. How would you characterize the last door? Is it connected to the first?

8. Recently, the WORLD NEWS reported that a delegation of aliens from another galaxy, bearing a striking resemblance to Elvis, JFK, Hitler, John Lennon, and Kurt Cobain, held a secret meeting with President Clinton, Attorney General Reno, and Chief Justice Rehnquist (as usual the eastern establishment press withheld information of this important event). According to the NEWS' crack reporter, who obtained classified transcripts of the meeting, the aliens were particularly keen to question the Chief Justice on the American legal process. It seems that years before, in addition to abducting Jimmy Hoffa, the aliens had obtained a copy of an essay by a Czech writer entitled "The Trial." Apparently they were extremely distressed by the plight of the common man (a.k.a. "countryman") in that tale who was evidently denied a full and fair hearing before the law. The aliens wanted to know if this was characteristic of the American judicial system. Having only recently spent considerable time and energy completely altering the meaning of the "interstate commerce clause," Mr. Justice Rehnquist was too exhausted to give the aliens a really comprehensive answer. You, of course, are in a much better position to do so. Drawing on your scholarship about the actors (police, lawyers, judges, juries and litigants) and processes (plea bargains, settlements, the adversarial model, appeals) involved in the legal system, how would you answer the aliens? Be sure to give specific answers, referencing readings and class discussions.

Midterm Review Questions

1. In the Kafka parable, a countryman is hindered from accessing the law by an intimidating gatekeeper. However, the gatekeeper informs him that he is only one obstacle to the law, that behind him stand many more gatekeepers more powerful than he. Do we have similar gatekeepers in our political/legal system? If, so explain what you mean. If not, explain.

2. Pretend that you are Alexis de Toqueville reincarnate, and you have returned to the United States to take another look at the legal profession here. How would you re-write the piece that appears in the Bonsignore, et al. reader?

3. Your sister is busy making popcorn in the microwave, when she suddenly turns to you and says: "You know, I have been thinking, and it seems to me that our laws are based on a combination of natural law, custom, and power." Ready to engage in spirited conversation, what is your reply to her?

4. In many ways, our court system looks much like the rest of the political process. Assess this statement. Then, present and argument about how, despite its similarities to ordinary politics, the judicial process really is above politics. Be specific in your answer.

5. Our court system is structured on the theory and logic of an adversary process. Explain this theory, and assess the logic. Does it (the theory, or the process itself) promote confidence in the courts' ability to administer "justice"?

6. According to at least one of the contributing authors in the Bonsignore text, legal education contributes to the reproduction of hierarchies. Explain and discuss what this means. How are hierarchies in law related to the issue of legal ethics?

7. We generally hold the expectation that law and the legal process are neutral, that they do not create advantages and disadvantages. Indeed, to believe otherwise would threaten the legitimacy of our legal system. Discuss this expectation.

8. Define and discuss our three-tiered system of Federal courts. Be sure to explain what they do and how they differ.

9. Unambiguously define the term, "court," and explain what functions courts serve.

10. Categorize the various conflict management techniques as we did in class, and explain how they function in our society, giving examples. Although conflict management takes many different forms, are they interconnected?