Volume of cases in most courts


            Please READ each question carefully. If there are multiple parts to the question, please answer each part. Your answers should be in complete sentences, using good English.  If there are multiple parts to the question, be sure to answer all parts of the question. If the question asks for an explanation or to give reasons, please do so. Place your name on each page. Please write clearly.  The point values for each question are at the end. Total points = 250.

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Due to the volume of cases in most courts, there is a delay in the trial process. In your opinion what changes would you recommend (including restrictions, additional personnel, reductions in personnel, or changes in legislation) which might make the process quicker or more efficient? Use your imagination but be realistic. Explain your answer.        (25 Points)

























A former U.S. Attorney General outlined his goals for the Justice Department. They included: 1) extend Federal antiterrorism powers under the Patriot Act, 2) speed up the process for deporting illegal immigrants, 3) have more Federal judicial nominees confirmed, 4) pursue more aggressive prosecution of “obscenity crimes”, and 5) creation of five Federal, local task forces to curtail violent crime.

In your opinion­, which of these goals do you feel is most important for the entire judicial process? Please explain. Would you add one or more goals to this list with the ultimate result of improving the judicial process? If yes, which one(s) would you add and why, and if no, why?                                                                                                      (35 Points)


























The entire judicial process is affected by many different forces or factors.  Describe as many factors or forces which may affect the judicial process, beginning to end, and explain what impact those forces have on individual cases and on the overall, over time, entire process. (If it helps to think of the movie “Inherit the Wind” to recall some of the different forces, you may include examples from that film.)                                                     (20 Points)




























With the appointment of Justices Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barret to the U.S. Supreme Court, the Court is now at its full complement of nine justices. After Justice Scalia died, the Court functioned for over one year with only eight justices which meant that several cases were actually not decided because a tie vote (four to four) meant that the lower court decision would stand. The Constitution only states that the President “with the Advice and Consent of the Senate…shall appoint judges of the Supreme Court….” There is no time limit in place.  In your opinion should there be put into place a procedure so that the situation of having only eight justices would not happen again? Can any such procedure be implemented without an amendment to the Constitution? Please explain you answer.                                                                                                            (20 Points)
























The Supreme Court (court of last resort) in a state decides a case which has come to them from the Appellate Court. The decision is extremely unpopular, and the media, legislature, and governor all criticize the decision. Petitions are circulated, signed, and submitted which urge the Court to change their decision. The legislature enacts a new statute which changes the result for future such similar cases.

            Based on all of the reaction to the Court’s decision, should they reconsider their decision in this case? Please explain. If you were to plan an approach to have the court change the decision, what might be your action? Please explain. Does the type of case which is before the court change your answer? Please explain.                                                           (20 Points)







































You are the judge in a civil trial for a personal injury (tort).  The Plaintiff wishes to present evidence regarding the automobile that the Defendant was driving.  You own stock in the company that manufactures that automobile.  Would your ownership of that stock affect your rulings in the case?  Would your answer be different if the automobile manufacturer were also a party to the lawsuit?  What should you, as judge, do in a case like this? Please explain.                                                                                                       (30 Points)










































Dan Maloney and Logan Ponce, two University of Illinois students who portrayed Chief Illiniwek (a school mascot) and received scholarship money for doing that, filed suit against the trustees of the University of Illinois and the NCAA alleging “…that they are being denied their rights to free speech, and that the scholarships which they received upon becoming chiefs are in jeopardy, hindering their academic goals.” (NY Times, Mar. 4, 2007). The suit alleges that “…the NCAA is interfering with the students’ academic freedom, since both students receive college credit for portraying the chief.”

            Do Dan Maloney and Logan Ponce have standing to file suit, and, if your answer is yes, in what court should the suit be filed? (The NCAA is headquartered in Indianapolis, Indiana.)  If your answer is no, what other options do they have? Please explain.                                                                                                (25 Points)





































The Alabama legislature (as have other states) has recently passed laws which ban or make it extremely difficult to obtain virtually all abortions. This appears to be a direct, legislative challenge to the Supreme Court’s decision in Roe v. Wade. From your knowledge of the “Judicial Process,” what legal (court) actions would you expect to occur as a result of this law? In your opinion (speculation), should this “case” eventually be resolved by the U.S. Supreme Court?  Please explain.                                                                                      (20 Points)






























A suit was filed in Federal District court in California which alleged that the Pledge of Allegiance is unconstitutional because the phrase “under God” is contained in it, and requiring the recitation of the pledge in this form is in violation of the First Amendment establishment of religion clause.  The Ninth Circuit Court of Appeals issued an opinion which affirmed the lower court ruling that the Pledge is unconstitutional.

            A petition for certiorari was filed with the U.S. Supreme Court. Without deciding the case what do you feel are the major arguments why or why not the Court should agree with the lower court’s opinion. (Note: This case was dismissed on other, technical grounds not related to the issues asked in this question. After being refilled, a court did reach a decision on the basic issue.) Give arguments for both sides of the issue.                                 (35 Points)


















In class we have talked about the “big picture” regarding judicial process, meaning that even when looking at one aspect at a time, we cannot forget about all the influences that may affect that process. How should judges, even Supreme Court Justices, interpret the Constitution and apply it in today\s world. Give your opinion about how judges (Justices) should interpret the Constitution – a strict, basic application of the “fundamental” principles of the Founding Fathers, a modern, liberal application, or some other approach or combination of approaches. Please explain and give your reasons and include any specific examples or suggestions that you can think of.                                                           (20 Points)                                                              






















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