Coverage: Chapters 1, 3, 4, 6, and 7 plus any additional readings Instructions Prepare a cover sheet like you might for a written project. The cover sheet must have your full name, title of the assignment (Test 1), email address, and the date. Unless otherwise indicated, assume that American law applies in the questions. Each question must be answered as a separate essay. Clearly indicate which question you are answering by referring to the question number. However, you don't have to reproduce the question itself. Answer the questions in order. The length of the answers can vary significantly depending upon the nature of the question. In other words, some questions require longer answers than others. At a bare minimum, you should expect to write at least one paragraph per answer. You should be able to answer all the questions based on our digital textbook, the additional readings posted on LEO, and certain concepts that I discussed in class. However, you can cite outside sources, if you wish. Citations should generally follow the APA system. Be sure to also have a list of references. Carefully check your answers for spelling, grammar, and English usage. Points can be deducted for a sloppy writing style. Submit your answers in the form of a single document. The file must be in either Microsoft Word or PDF.
Questions
1. Japan can be described as being a "civil law" country. What exactly does that mean? Explain in detail.
2. If the U.S. Congress has not yet regulated a particular type of economic activity, then can such activity be regulated by a state government? Why or why not?
3. Assume that Paula is a patient and Dianne is a dentist. Paula asks for a wisdom tooth to be extracted. However, Dianne extracts a healthy molar by mistake. To make matters worse, a serious infection results from the botched procedure. Can Paula sue Dianne? If so, then what would the legal basis for the lawsuit be?
4. How does diversity jurisdiction differ from federal question jurisdiction? Explain in detail.
5. What does "mediation" mean? How does it differ from both arbitration and litigation?
6. Accurately summarize the case of Burger King Corp. v. Rudzewicz, which can be found in our textbook. What are the implications of that case?
7. Discuss the exclusionary rule. Why do you think our textbook says that it is controversial?
8. Ronald is playing darts at a bar. Another customer, Ted, intentionally throws darts at his back. The police are called. They arrest Ted. What crime might Ted be charged with by the state? Has there also been a tort? Explain in detail.
9. Although detectives in movies and on TV often talk about "motive" in their fictional cases, is motive actually a legal requirement for an act to be crime? Explain in detail. 10. Accurately summarize the case of Whitlock v. University of Denver, which can be found in our textbook. What is the significance of that case today?