Before the exam starts, you may read the instructions. DO NOT TURN THIS INSTRUCTIONS PAGE OR READ ANY OTHER PART OF THE EXAM BEFORE THE EXAM STARTS. YOU WILL START WHEN THE INSTRUCTOR TELLS YOU TO DO SO. YOU MAY COUNT -FROM THE BOTTOM OF THE PAGES- TO MAKE SURE THAT YOU HAVE ALL SIXTEEN (16) PAGES.
This exam is open book, and you may consult any written materials. You may not give or receive any other kind of aid. Your completing this examination and turning it in constitutes a certification that you have neither received nor given any aid beyond the allowed use of written materials. Two warnings about materials: (1) The exam is not the place for original research; (2) I strongly suggest that you limit yourself to your textbook and class notes. The exam will be graded based upon the assumption that you are familiar with the textbook and class discussion, and nothing else. In the field of comparative law it is very difficult, and quite dangerous, for the uninitiated to conduct outside research.
You must answer the questions in the space provided therefor in the exam itself. Do not use bluebooks. Do not include scratch paper or any additional material with your completed exam.
The exam consists of five (5) essay questions. Each is worth exactly the same number of points. You must answer only four (4). You have four hours. You select whatever four questions you wish to answer. If you answer them all, simply indicate which one you do not wish me to read. If you answer all the questions and do not indicate otherwise, I will read the first four answers.
In drafting your answers, please keep the following in mind: No one could cover every possible point in every detail in the time allowed. Please strive for succinctness, precision, specificity, and thoughtful analysis in all points you do address. Remember the nature of our course. "Comparative Law is not a body of rules and principles. Primarily, it is a method, a way of looking at legal problems, legal institutions, and entire legal systems." Thus, I am looking for knowledgeable analysis. When discussing specifics, keep in mind that "[n]ational legal systems are frequently classified into groups or families. Thus the legal systems of England, New Zealand, California, and New York are called 'Common Law' systems, and there are good reasons to group them together in this way. But it is inaccurate to suggest that they have identical legal institutions, processes, and rules. On the contrary, there is great diversity among them, not only in their substantive rules of law, but also in their institutions and processes." Try to identify, to paraphrase Professor Merryman's eloquent introduction, the qualities that the institutions, as implemented in different countries, have in common, which set them apart from those of any other system. When specific examples might be pertinent or useful, please feel free to use them. But remember that I am looking for proper understanding of general rules and the lessons to be learned therefrom.
I will occasionally drop by the examination rooms to check on you progress, answer questions and accept completed exams. Otherwise, I will be available in my office, Room 337, to assist with any procedural problems and to accept finished exams.
Completed examinations must be turned in to ME PERSONALLY. Students will tear off and receive the attached receipt. You must sign a list to indicate that you turned in your exam. You must have your receipt with you when you ask to review your exam.
PLEASE READ THE ENTIRE EXAM BEFORE YOU BEGIN TO ANSWER ANY QUESTIONS.
You must stop work four (4) hours after MY SIGNAL TO START.
The law of succession in the civil law world is characterized by the concept of forced-heirship, i.e., that the testator has limited capacity to dispose of his or her property by inter-vivos gift or inheritance. Generally speaking, the portion of the testator's property that can be freely disposed of is called the free-disposition share, and the portion that is limited by law is called the legitimate share.
How did the forced-heirship concept develop in Roman Law, Canon Law, European Customary Law, The Revolutionary period and the early codes? Identify one current European example of forced-heirship.
European legal professionalism is characterized by specialization. Thus we identified Judges, Procurators, Government Lawyers, Advocates/Advisors, Notaries and Academics. As to each one of these categories: (1) describe the nature of the profession and what its duties are; and (2) contrast it with the way law is practiced in our country.
State Positivism and Constitutionalism are at opposite ends of a spectrum that describes a current trend in European legal development. In this context: What is State Positivism? What is Constitutionalism? Why is there a spectrum? Where are the legal systems of France, Spain and Germany in this spectrum and why? HINT: discuss how their legal review systems -as opposed to what we might think of as "judicial review"- work.
You represent a person who was involved in an auto accident in a European country that has a civil code. Your client has asked you, "what is the pertinent law in this area?" Assume that there is no specific auto liability law in effect in this country. Assume further that there is a law that reads: "Whoever causes damages to another through fault or negligence must pay the damages so caused." Where would you expect to find that rule? What sources would you study in order to answer your client's question and how would you explain to her their binding effect or reliability? Can you provide any specific examples we studied during our course to illustrate your conclusions?
Compare civil law legal education to your legal education. How are they similar and how do they differ?