Question: 1.In the reading, shapiro describes dispute resolution as the basic function of courts and judges. However, courts serve additional, more complex functions in society beyond

1.In the reading, shapiro describes dispute resolution as the basic function of courts and judges. However, courts serve additional, more complex functions in society beyond just mediating disputes. Describe one of these functions.?

2.How did European colonizationchange lawand dispute resolution in places like Sub-Saharan Africa and the South Pacific?

3.Japan has a very activist Supreme Court, which frequently finds laws unconstitutional and routinely battles with other branches of government.

True

False

4.Japan's head of state is appointed in which of the following ways:

Direct election by voters

Leader of the largest party in parliament

Hereditary monarch

Indirectly elected by the upper house of parliament

5.Scotland, Japan, and South Africa are legal hybrids--that is,they possess characteristics of more than one legal tradition. Choose one of these countries and given an example of how that legal system incorporates elements from multiple traditions.

6.Participatory legal processes, like gacaca trials, involve victims or even the entire community in the proceeding. What purpose does this serve?

7.Constructing a legal system around customary, indigenous, or traditional law (such as Navajo or Zulu law) poses several methodological and practical challenges. Name one.?

8.Rule 42 of the Statute of the International Criminal Tribunal for Rwanda states:

A) A suspect who is to be questioned by the Prosecutor shall have the following rights, of which he shall be informed by the Prosecutor prior to questioning, in a language he speaks and understands:

(i) the right to be assisted by counsel of his choice or to have legal assistance assigned to him without payment if he does not have sufficient means to pay for it;

(ii) the right to have the free assistance of an interpreter if he cannot under-stand or speak the language to be used for questioning; and

(iii) the right to remain silent, and to be cautioned that any statement he makes shall be recorded and may be used in evidence.

(B) Questioning of a suspect shall not proceed without the presence of counsel unless the suspect has voluntarily waived his right to counsel. In case of waiver, if the suspect subsequently expresses a desire to have counsel, questioning shall thereupon cease, and shall only resume when the suspect has obtained or has been assigned counsel.

This provision best accords with which of the following models of criminal procedure:

Adversarial

Inquisitorial

Participatory

Trial by ordeal

9.Which of the following is NOT an example of a participatory legal process:

A government and an investor agree to binding arbitration in a commercial dispute

Village elder mediating dispute before an assembled crowd in the town square

Victims and perpetrators meeting and engaging in healing ritual and paying compensation

The International Criminal Court appoints a legal representative for victims to represent victims' views in the trial proceeding

10.As Shapiro explains, many legal systems in human history have involved popular participation in the dispute resolution process.This includes our own legal system, based on English common law. What is the mechanism for popular participation in our trial process?

Class action

Jury

Referendum

Citizen veto

Petition

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