MC compilation - answers - Student-Drafted MC Questions...

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Student-Drafted MC Questions Discussed in Class Glendon Ch. 2: Legal Structures in Civil Law Nations (parliamentary government, separation of powers, constitutions, judicial review, structure and organization of court system) When the French constitutional counsel renders a decision, does it: a. Deliver the opinion seriatim b. Provide a majority and dissenting opinion c. Provide only the opinion without a breakdown of the vote d. Provide an opinion of the court with a vote breakdown {a little too specific} Which countries constitutional court can hear individual complaints? a. Italy b. Germany c. France d. None of the above e. B & C {a little too specific} In the German system, an individual litigant can get a question before the Constitutional Court in the following way: A- Never, an individual litigant cannot get a question to the Constitutional Court B- By filing a Constitutional Complaint at any time. C- By filing a Constitutional Complaint but only after exhausting all other remedies D- By having the trial court to send the question to the Constitutional Court E- C & D only. What is the most accurate description of the structure of the way the French and German systems approach case decisions: A. French law begins with a recitation of the facts followed by a symmetrical analysis. German law begins by paying homage to the other sources of law that control their constitutional authority followed by an analysis in light of the controlling law. B. French system first pays homage to the other sources of law that control their constitutional authority and then uses a symmetrical analysis. German law begins with a recitation of the facts, followed by an analysis in light of the controlling law C. French law first pays homage to the other sources of law that control their constitutional authority, followed by an analysis in light of the controlling law. German law begins with a recitation of the facts followed by a symmetrical analysis. D. None of the above. 1
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Which system publishes dissenting opinions? A. French B. German C. Both D. Neither {a little too specific} Which of the following choices is false? A. ordinary citizens do not have access to the French conseil constitutionnel. B. The French conseil constituionnel is more than a constitutional court because it monitors the smooth working of some mechanisms and processes-elections, the division of responsibility between government and parliament. C. The Constitutional Ct of Germany has a cases and controversies requirement. D. The Constitutional Ct of Germany can hear cases submitted by individuals aggrieved by unconstitutional official actions. The role of judges in the civil law system consists of : (1) Does not actively participate in the law making process, but acts as a referee (2) engages in the truth finding process by actively enquiring into the facts (3) interprets legislative acts for constitutionality and sets precedents for future cases (4) none of the above.
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