CJ 4044 – Midterm Exam
Spring 2010
“Design a Court System”
Directions
This is a ten (10) question written, short answer exam. Review the textbook readings, supplementary
readings, and lecture slides (“course materials”). You may also find it helpful to review the wikis. Read
the fact pattern and answer the questions based on the information presented in the fact pattern and
course materials. Type your answer below each question, paying attention to the recommended answer
length guidelines. You must answer the questions in complete, grammatically correct sentences with
appropriate paragraph development (if more than 3 sentences are required to answer the question).
You do not need to provide any citations.
Save your document in Microsoft Word format as YourLastName_midterm.doc. Upload the document
to the Blackboard dropbox by 11:59 pm on Tuesday, March 9, 2010.
Fact Pattern
The Mediterranean country of Nonexistica has always settled legal disputes by a simple coin flip
(although it has plenty of attorneys). Recently, Nonexistica decided to adopt an American-style court
system. Nonexistica specifically desires a national court system (similar to the U.S. federal courts) and is
also willing to consider provincial court systems (similar to the U.S. states). Nonexistica is a democratic
republic with a national constitution identical to the U.S. Constitution and numerous national laws.
Additionally, Nonexistica’s 12 provinces have their own constitutions and laws, which are valid so long as
they do not conflict with national laws.
Nonexistica’s national government has exclusive powers over foreign affairs, banks and bankruptcy, and
immigration. The provincial governments have exclusive powers over police powers, education,
licensing, and family and juvenile issues. The national and provincial governments both have powers of
criminal punishment and taxation. Nonexista has an extremely complex national tax code of over
500,000 specific regulations. It takes years of study to understand the tax code. Nonexistians, both
individuals and businesses, are often involved in heated disputes over the tax code, with billions of
dollars at stake each year. Additionally, in the past 20 years Nonexistica has seen a huge increase in
bankruptcy filings.
Nonexistica’s 8 eastern provinces are densely populated with many urban areas. Because of a long
history of industrialization and terrible working conditions in industrial factories, the residents of the
eastern provinces are very focused on preventing workplace accidents and holding both workers and
employers accountable for medical costs related to workplace injury. The eastern provinces have
struggled with political corruption and electoral fraud since the country was founded. Nonexistica’s 4
western provinces are sparsely populated in comparison to the east, and contain many rugged rural
areas. Residents of the western provinces prize individuality and accountability above all else.
Additionally, some of the western provinces have a substantial minority popular of Native Nonexistians
and a complex system of ownership rights for rivers, lakes, and other waterways.
(Exam begins on next page)
