课程名称︰英美法导论
课程性质︰选修
课程教师︰张文贞
开课学院：法律学院
开课系所︰法律系
考试日期（年月日）︰103.4.22
考试时限（分钟）：110 min.
是否需发放奖励金：是
（如未明确表示，则不予发放）
试题 :
Ⅰ.Single or Multiple Choices: (60%)
1. Which of the following statements is the correct holding of Marbury
v. Madison?
(A) Marbury has a right to the commission.
(B) The very essence of civil liberty consists in the right of every
individual to claim the protection of the laws whenever he receives
an injury.
(C) The writ of mandamus is rejected as Section 13 of the Judiciary Act
of 1789, the ground on which this case is brought to the Supreme
Court, is found unconstitutional.
2. Which of the following courts in England has or have the jurisdiction
over criminal cases?
(A) Magistrate Court
(B) County Court
(C) Crown Court
3. Which of the following remedies is or are not provided in equitable suits?
(A) Monetary Damage Awards
(B) Prohibitory Injunction
(C) Specific Performance
4. Which of the following reports publish(es) the decisions of the United
States Federal Supreme Court?
(A) Federal Reports
(B) The United States Reports
(C) The Supreme Court Reporter
5. The list from which jurors are selected is called the venire.
Which of the following lists is or are being used by American
states including California and many other states for venire?
(A) List of voters
(B) Driver licenses records
(C) Utility company bills
6. Please indicate what is or are not the main purpose(s) of challenge
for cause in the process of the voir dire?
(A) Finding jurors who tend to support either side.
(B) Recruiting jurors who wish to take one day off.
(C) Removing potential jurors who are likely to be biased.
Ⅱ.(40%)Suppose:
Diana, an English professor teaching in Austin College, Texas,
lives with her lesbian partner, Anna, who works in an independent
bookstore supportive of gay and lesbian rights and publications. They
rent an apartment in downtown Austin. On February 1, 2014, Diana published
a book on the history of gay rights movements, and she enclosed a picture
in the book showing her and Anna working in their rented apartment.
Gary, the owner of the apartment, is very religious and goes to
church every Sunday morning. He did not know that Diana and Anna were
lesbian couple until he saw the book and the picture. He felt extremely
embarrassed and regretted for leasing his apartment to them. Since the
lease did not indicate any specific period, he decided to end the lease
by the end of June 2014 and demanded Diana and Anna to move out by the
said date. Upon receiving Gary's notice, Diana and Anna felt very upset
and being discriminated. After consulting with their lawyer friend, they
decided to sue Gary for monetary damages of 100,000 US dollars. In addition,
they also request for an injunction to continue their lease till they find
another apartment.
Based upon what you have learned so far, please answer the following
questions:
a) Can the suit of Diana and Anna against Gary be tried by jury? How about
the injunction? (20%)
b) Can a gay or lesbian person serve as a juror in this trial? Can she/he
be challenged by Gary's lawyer? By peremptory challenge for cause or both?
(20%)
Enjoy writing!