Law

Critically examine the regulatory and non-regulatory mechanisms that can support – or be put in place to support – the operationalization, by the

companies, of the United Nations “Protect, Respect and Remedy” Framework for Business and Human Rights.

Paper details:Exam 2—Chaps 4 & 5
In responding to these questions, you are expected to use (as appropriate) material and information from the textbooks, PowerPoints, and discussion board. Grades in the “A” range (indicating excellence) will be reserved for those responses that use material beyond that which everyone is expected to use. Specifically, material from other classes, other books, journal articles, media/entertainment reports, etc. that is correctly and appropriately incorporated into your answer will indicate efforts beyond the expected. Be sure to include in-text citations and a reference section (using APA) as the last page of your exam so I will know from where your supporting arguments and examples come.

To make sure I know what question you are answering, cut the questions from this document and paste it in your document above your answer. The number before the decimal indicates the chapter from which the question in drawn and the number after indicates the question from that chapter. So, 1.1 means chapter 1, question 1.

This exam is worth 100 points total, but notice that individual questions may have different values. The greater the point value, the more important it is for you to include material beyond the minimum expected.
4.1 You have studied four legal traditions. Briefly characterize and explain each of those traditions, then give your own supported opinion of the positive and negative points of each tradition. (20 points)

4.2 Increasingly, common law is put into writing. Explain why written common law is not that the same as codified civil law. (10 points)

5.1 List and explain how the inquisitorial and adversarial procedures differ. (15 points)

5.2 Chapter 5 suggests that the adversarial process is often considered a substitute for private vengeance whereas under the inquisitorial process the private accuser is replaced (rather than substituted) by a public official. Explain what this means and what impact “substitution” and “replacement” each have. (20 points)

5.3 Chapter 5 suggests that one could argue that while each legal tradition seeks both legal guilt and factual guilt, the inquisitorial emphasizes factual while the adversarial emphasizes legal. Define the appropriate terms then support or reject that argument. (20 point)

5.4 Some observers may think Islamic law has less appreciation for the seriousness of murder (a qisas crime) than for theft or drinking alcohol (found in the higher-category hudud offenses). Why, according to your textbook, would that be an inaccurate assumption? (15 points)