Practice Questions on Execution Day

17. Judge Schwebel, a U.S. national

a. Did not participate in LaGrand case in order to avoid a conflict of interest.
 b. Voted in favor of the U.S. and against Germany.
 c. Supported Germany’s petition but objected to the timing.
d. Conducted the proceedings as ICJ President.

18.  Rule 75 allowed the ICJ to

a. Review an individual’s international law claim against a state.
 b. Proceed immediately to determine whether LaGrand’s execution would violate the Convention.
 c. Issue an order directly to Arizona Governor Jane Hull.
d. Indicate provisional measures to delay the execution until further review.

19.  In Breard the U.S. Supreme Court decided:
a. To follow the more recent provisions of a 1996 Congressional statute that altered terms of the earlier 1963 treaty.
b. That the U.S. enjoyed sovereign immunity, but that states did not.
 c. That the procedural default rule violated the Vienna Convention.
 d. That failure to notify the consulate denied foreign nationals a fair trial.
20.  In Germany v. U.S.  the Supreme Court
a. Found that LaGrand lacked individual standing to appeal.
 b. Ruled that the U.S. had sovereign immunity.
 c. Decided that Germany should have initiated its claim in a lower court.
 d. Ruled that failure to provide consular notice was harmless error.
21.  Governor Hull:

a. Believed LaGrand was not entitled to rights beyond those enjoyed by U.S. nationals convicted of murder.
 b. Followed the recommendations of the Arizona Board of Executive Clemency.
 c. Rejected LaGrand’s choice of lethal gas.
 d. Expressed concern about the objections raised by German officials and their constituents.


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