DIRECTIONS: Answer FIVE essay questions in complete sentences and be thorough and specific in your responses. All other questions answered and Bonus questions will count as extra credit. The FIVE questions you choose as primary for the exam are worth 20 points each so please indicate which are primary and which are extra credit. 1. Executive Branch of Government Administrative agencies have been called the fourth branch of government. How big a role do they play in the federal government today compared to when the Constitution was drafted? If there has been a change in their role, describe that change and the reasons for it. Should the role of administrative agencies be changed? 2. Litigation & Appeals Is it reasonable for appellate courts not to hear new evidence in an appeal? Should new available evidence be grounds for appeal? In many cases additional evidence is available by the time of the appeal. If this is the case, wouldn't justice be best served by allowing the appellate court to consider it? And even if there is no new evidence available, should the appellate court be able to reconsider the trial evidence and impose a different verdict from that of the jury? 3. Alternative Dispute Resolution Susan is part owner of one of the best restaurants in a medium-sized city. This restaurant is operated as a partnership. In October 2003, the local newspaper published a story about Bill, who is Susan's business partner in the restaurant. In this article it is stated that Bill's net worth is several million dollars. About ten days later Susan receives a summons notifying her that the restaurant is named as the defendant in a negligence case. The plaintiff in the case alleged that she slipped and fell to the floor inside the restaurant near the rear door late one night in December 2001. According to the plaintiff she slipped on water from snow that had been tracked in and had melted. The plaintiff also alleged that there were no employees or other customers in sight of the back door when the plaintiff slipped and fell, and that she was leaving the restaurant when the accident occurred. The plaintiff did not notify anyone at the restaurant when the accident occurred or at anytime thereafter prior to the filing of the lawsuit. Although the majority of diners at this restaurant makes reservations in advance and pays with a credit card, the restaurant has no records of reservations or payment by the plaintiff. The plaintiff claims to have paid with cash. Susan and Bill have heard about alternative dispute resolution and would like to know more about how it works and about its advantages and disadvantages. If you were the attorney for Susan and Bill, what would you tell. Susan and Bill in response to the following questions? What is mediation and what is arbitration, and how do they work? Compare mediation, arbitration and litigation. 4. The Bill of Rights and Business Assume that there are numerous Internet service providers in a large city. Because of fierce competition, these businesses advertise heavily. One of the features that some of them provide and advertise is streamlined access to pomography sites as well as access to proprietary pornography sites that can be reached only by those who subscribe with that particular service provider. This city passes an ordinance that prohibits any advertising of access to pomography over the Internet. One of the service providers challenges the constitutionality of this statute. Discuss how the case would turn out.