Introduction to Legal StudiesFall 2004In-Class ExaminationOctober 5, 2004You have the full class period (2:30-3:45) to complete this exam. All studentsmust respond to question one. You may then choose between questions two or three(answer one or the other). Responses must be in essay form. Question one will countfor 60% of the grade, question two or three will count for 40%.1. Read the following story and analyze it according to the three concepts oflegality set out in The Common Place of Law.The Welfare Office in Springfield was a sight to see. As oneentered, the state seal of Massachusetts adorned the wall along with aquote from the Massachusetts Bill of Rights – “All men are born free andequal” – painted in gold letters above it. A large reception desk separatedthe incoming clients from the caseworkers in the open office beyond. Aspeople entered they spoke with the receptionist, who quickly checked to seeif they had the proper documentation to file a claim and then told them totake a seat in the waiting area. After an hour, maybe two, a caseworkerwould come and call them to one of the dozens of cubicles behind thereceptionist’s desk.The caseworkers went through the evaluation process quickly, askingrapid-fire questions and filling in blanks on pre-printed forms. They askedfor specific documentation – proof of address, tax returns, pay stubs,children’s birth certificates, apartment leases, etc. – and made photocopiesof all such materials for the file. If a client was missing a needed piece ofinformation they were sent home to retrieve it and come back another dayto restart the process. When all the papers were in order, however, theprocess was efficient and clients would leave the office with a check for thatweek’s food. Another check would follow quickly after and then againevery two weeks, sent on a Friday and arriving the following Monday.Many welfare recipients were happy with the dependability of thepayments and only went back to or called the Office from time to time toupdate their information to check one or another regulation. They feltsecure that the Office would maintain adequate records month-to-month andyear-to-year, even as caseworkers came and went.Many clients, like Ms. G, did not have such an experience, however.Last winter Ms. G’s apartment caught fire, destroying all her possessions.Her children suffered from smoke inhalation and spent a week in thehospital. Ms. G spent all her time that week in the hospital with the kids.As a result of her time at the hospital she lost her job as an AssistantManager at Wal-Mart. Between hospital bills and expenses related toreplacing her and her kids’ clothes and furniture, she rapidly exhausted hersmall savings account. Unable to find another job, she went to the welfareoffice.On her first trip to the Office, the receptionist sent her home forfailing to bring basic documentation of the fire and her current livingsituation. She attempted to explain her situation – that her lease wasdestroyed in the fire and the fire inspector had not yet filed a report on theblaze – but the receptionist repeated the rule about documentation andasked her to come back later. She returned the next day with a letter fromher landlord and a note from the fire inspector. The receptionist had neverseen such documents and though they contained the needed information,she believed they were not the type of proof required under the guidelines.The receptionist asked Ms. G to come back later with “proper” documents,but Ms. G refused.Instead, she marched past the reception desk and onto the main floorof the Office. She marched to the back where she saw a spacious andofficial-looking desk. Seeing that it was the Welfare director’s office, shewalked in and sat down. She saw a small book on the desk before hertitled Welfare Rules and Regulations – Caseworker Manual and picked itup, thumbing through the pages. “STATE PROPERTY – DO NOT REMOVE”was written across the top. When the director walked in she slipped themanual in her purse and proceeded to tell the director her story. He smiledwhile he told her he could not help, that she needed to see a caseworkerfor her problems, and that she must leave. She refused, telling him shewould not leave until she had a check in hand. A stand-off followed forover an hour, bringing the Office to a grinding halt while the directorconsulted with others as to what should be done. Finally, he returned withsecurity guards who physically threw Ms. G out of the building and onto thesidewalk. Ms. G took the bus home, reading the Case Worker Manual thewhole way. As she read, she smiled for the first time in weeks, havinghatched a plan to call a lawyer and the press and turn over the Manual tothem.Answer ONE of the following two questions2. Using the readings on law’s basis, make an argument for or against thefollowing proposition: “Power to the People” is the best basis for law incontemporary America. You may wish to touch on questions of power andhow it operates in the law-making process.3. What is jury nullification and how does it differ from civil disobedience?Using the ideas discussed in the readings as well as our class discussion,make an argument as to each one’s acceptability or unacceptability in anation governed by law. You may wish to use examples to illustrate