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EXAMINATION INSTRUCTIONS
(1) This take-home examination is open book and you may consult any materials you wish.
But you are not expected to do further research and you may rely on your textbook,
your supplementary materials and our class discussions to prepare your answers.
(2) You do not need to use formal footnotes but you must credit any outside sources you do
use, at least informally. You may not discuss the examination or your answers with
anyone else.
(3) Please type your answers to the questions. Handwritten submissions will not be
accepted.
(4) The examination paper consists of two questions of unequal weight. You have a choice
of questions to answer in Question II, but you must answer BOTH Question I and II.
(5) The maximum total word limit for both questions is 5000 words; please do not exceed
this limit. You may definitely write less (though probably at least 2500 words). Please
show the total word count on the front page of your examination.
(6) There is no need to repeat the question in your response. Please think about the issues
we have covered: answers will be judged on your organization and analysis, and on the
support you provide for your conclusions.
. Please answer BOTH Question I and Question II below. In Question II, you may choose A, B or C.
QUESTION I (70%)
In this course, we have reviewed many aspects of the U.S. legal system in comparative and
historical perspective. Based upon the reading and our discussions, what in your view are
the most important characteristics of the American legal system? What is most distinctive
about the U.S. system? Explain those features and the reasons for your choice.
How would you compare these characteristics of the U.S. system to the equivalent features
of your own legal system? Can you suggest any other approaches that would be helpful to
an understanding of the U.S. system?
Please note: there is no need in your essay to give a comprehensive survey of all the
features we have considered during the course. Instead you should focus on what you see
as the most important and distinctive aspects of the American system and discuss why you
have chosen them. Please think about the material and the issues we have covered: your
answers will be judged on your organization, analysis and the support you provide for your
conclusions.
AND
QUESTION II (30%)
Please choose ONLY ONE of the following to answer:
(A) Discuss the advantages and disadvantages of the American jury system.
OR
(B) What can we learn about the American approach to law through an analysis of the Mills
v. Wyman and the Webb v. McGowin cases?
OR
(C) What roles do lawyers play in the U.S. legal system? Why do you think that lawyers
appear so frequently in American movies, television—and jokes?
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