[試題] 97下 張文貞 英美法導論

[justin1030 (賈蘇丁)]

課程名稱︰英美法導論
課程性質︰必修
課程教師︰張文貞
開課學院：法律學院
開課系所︰法律學系
考試日期（年月日）︰98/04/13
考試時限（分鐘）：3天(帶回家寫)
是否需發放獎勵金：是
（如未明確表示，則不予發放）

試題 :

                                 Mid-term Exam
                                 April 13,2009

I.(60％)

  Suppose: Allison had a two-year contract with the English department, Austin
College, Texas, and served as an assistant professor there for two years. Due
to the shortage in budget, Austin College decided to end contracts with seve-
ral professors including Allison. When Allison received the notice from the
department ending her contract, she was angry and thought that the school
fired her not because of any budget concerns but because of her relationship
with her partner, Mary, as a lesbian couple and her expressive supports for
same-sex marriage in and outside the school. When Allison began teaching at
Austin College, she and Mary moved down here from New York and bought a house
cost 1,500,000 dollars. If Allison could not continue to teach in Austin Co-
llege, they would have to sell the house and move back to New York again, and
this would cost them a lot of money. Allison and Mary decided to sue Austin
College for 1,000,000 dollars for their loss in assets, and for ending the
contract without prior notice and for violations of their rights of free spee-
ch, free association and equal rights.

  You are the lawyer to whom Allison and Mary seek advice. Please answer the
following questions for them.

1) To which court can they bring their case? Against whom? Can they go to
   state court? Why/why not? Can they go to federal court? Why/why not?

2) Can their case be tried by jury? Why/why not? Do you think their case would
   be beneficial if tried by jury? Why/why not?

II.(40％)

1) Please specify three reasons for supporting the adoption of jury trial in
   Taiwan and also specify three reasons against such adoption.

2) Our neighboring countries, Japan and South Korea, are soon adopting
   lay-judge system (similar to jury system but not the same as lay judges
   also apply laws and join in rendering decisions). Do you think the
   lay-judge system would fail or succeed in Japan and South Korea? Why/why
   not?

   Please type and print your answers that should be more than five pages and
should not excceed ten pages (one and a half spaced, such as this one.) Your
answer sheet must indicate your name and your school ID numbers. You must re-
turn your answers by 4pm, Wednesday April 15, 2009 to the box before my office
door.

                         Enjoy and have fun in writing!

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