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Is the United States suffering from a litigation explosion? Explain

  1. Who should judge the judges? Discuss the benefits of merit selection of judges and also elections? What role should special interest play in selecting judges? Which system is best? How does Republican v. White (2002) as discussed in your textbook impact the system of selecting judges? 
  2. Why might judicial sentencing guidelines be viewed as an infringement of the legislative branch on the powers of the judiciary? How are divorce cases and divorce law different from most other civil cases?
  1.  The death penalty debate usually brings about three main issues – morality, deterrence, and    fairness – which provides the best argument for abolishing the death penalty? Which one is the most persuasive for keeping the death penalty? Do you think the issue of innocents on death row justifies a moratorium on the death penalty?

4.     Define the following and give an example:

1. Plea bargaining

2. Sentencing guidelines

3. Sentencing discrimination

4. Miranda Rights

5. Grand Juries

  1.  Define a mass tort claim and discuss how such cases differ from ordinary tort litigation.

6.   Is the United States suffering from a litigation explosion? Explain your answer.

7.   Compare and contrast the view that Americans are “too quick to sue” with the view that everyone deserves “equal access to the civil legal system.”

  1. What is Alternative Dispute Resolution? How is it similar or different from traditional court based litigation?

9.  What are the seven steps of a Civil Case Proceeding? List and define.

10.  In a civil case, discuss the – concept of burden of proof and the use of evidence in proving the case. – What types of evidence can be used?

11.  Define the following:

  • 1.Voir – Dire
  • 2.Challenge for cause
  • 3.Peremptory challenge
  • 4.Ripeness and
  • 5.Mootness

12.  Are concerns about the impact of pretrial publicity warranted in most cases? Examine efforts to limit prejudicial pretrial publicity in this era of the 24/7 new cycle.

13. Describe what is meant by the term “jury nullification” and offer an explanation for why jurors might want to engage in such behavior.

14. What are the primary differences between trial and appellate courts?

15. What is meant by habeas corpus relief? Explain the history of habeas corpus in the United States and relate it the current situation of enemy combatants being held by the U.S. government in Cuba.

16. What are two important factors in understanding how appellate court judges make their decisions?

17. Why is Roe v. Wade (1973) a useful decision for considering the scope of the Supreme Court’s political power?

18. What are two reasons why a Supreme Court justice might be reluctant to vote to consider a case?

19. Explain the rule of four and why it is important in considering which cases the Supreme Court places on its docket.

20. Describe the Supreme Court’s workload.

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