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 fourteen (14) PAGES.
This exam is open book, and you may consult any written or printed materials. You may not use any electronic 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.
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 two (2) essay questions.
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.
Modern European Law is the result of a long historical process which is generally said to include Roman Law, Canon Law, some form of more or less local "customary law", and more modern influences. In this context, how did the concept of parental power and/or authority develop from its historical origin to its current form? Identify one current European example discussed in your casebook, and indicate how it supports your answer.
The United States has often been a model of constitutional democracy around the world. However, the United States Congress, concerned about the age of our Constitution, has called for scholarly discussion of constitutional law. The Congress is considering the possibility of calling for a Constitutional Convention. You have been selected to provide comparative legal analysis at these hearings. Focusing on the French and German systems, discuss modern European constitutionalism, from the perspective of an American lawyer, and evaluate which characteristics of those systems are similar to or different from our own; as to those attributes that differ from our approach, discuss why each of them would or would not work for us.