課程名稱︰英美法導論
課程性質︰法律系法學組必選
課程教師︰張文貞
開課學院：法律學院
開課系所︰法律系
考試日期（年月日）︰2008.04.24
考試時限（分鐘）：48 hours exam
是否需發放獎勵金：是
（如未明確表示，則不予發放）
試題 :
1. （60％）
Amy and Lisa live in New Haven, Conneticut and recently decided to move
together. Amy is an elementary school teacher and Lisa works for the library
of Yale University. They found an apartment in downtown New Haven and signed
the lease with Mr. Tom Robinson who works at Breton Housing & Leasing Company
owned by Mr. James Breton, the biggest leasing company in downtown New Haven.
Soon after Amy and Lisa moved into the new apartment, Mr. Robinson learned
that they are a lesbian couple and decided to terminate the lease with them.
Mr. Robinson is very religious and has long decided that he would not make any
lease with homosexual couples. As a good gesture, he is willing to terminate
the lease with Amy and Lisa without any cost to them. Amy and Lisa felt that
they were discriminated because of their identities as lesbian couples and
wondered if they could bring their case to the court. If you were the lawyer
whom Amy and Lisa seek for advice, how would you suggest to them?
1) Against whom can Amy and Lisa sue for their case? Mr. Robinson? Mr.
Breton? Please specify detailed reasons and connections Amy and Lisa must have
to make their case.
2) To which court can Amy and Lisa bring their case? State court? Or
Federal Court? Please explain in details about why they can bring their case
to state or federal courts.
3) Can their case be tried by jury? Why or why not? What kind of procedure
their case would usually undergo? Please specify them.
2.（40％）
Suppose: Mr. Edwards was appointed by President Bush as administrator of
Federal Environmental Protection Agency. The appointment was complete. However,
the commission of his appointment was not delivered to him, and as a result,
he could not take this position as soon. Then he learned that Ms. Daisy Thomas
working as chief secretary to President was his ex-girlfriend and resented him
very much. Perhaps for this reason, Ms. Thomas delayed or evern refused to
make this commission delivered to him. Mr. Edward is thinking about the
possibility of taking legal actions, and immediately he reflects about Mabury
v. Madison and wonders whether he can rely on this case on the doctrine of
stare decisis. You were the son/daughter of a god friend of Mr. Edwards who is
now studying at the Law School. How could you explain to Mr. Edwards?
1) What is the doctrin of stare decisis?
2) Can Marbury v. Madison be the precedent to Mr. Edwards' case -if he
brings his case to the federal district court? Why or why not?
Please answer the following two questions in typed sheets that must exceed
1,000 words. Your answer must be returned to the box before the office of
Professor Chang by 4pm, Wednesday April 16, 2008. No extension would be
granted. Enjoy!
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