Practice Questions on The U.S. and ICJ

22.The ICJ ruled that

a. The U.S. must grant a new trial whenever a foreign national is convicted and sentenced to death without consular notice.
b. Germany had engaged in procedural misconduct by filing at a time when the U.S. could not respond.
 c. Individuals have enforceable rights under the Vienna Convention.
d. Its ruling was limited to death penalty cases.

23.  Judge Buergenthal

a. Supported the court’s decision that ICJ provisional measures that were legally binding.
 b. Dissented from three of the Court’s rulings against the U.S.
 c. Succeeded Judge Schwebel as ICJ President.
 d. Challenged Judge Guillame’s expansive interpretation of the ICJ ruling.

24. What was the immediate U.S. response to the 1999 ICJ provisional measures?
a. The Solicitor General took all measures at his disposal to delay LaGrand’s execution.
b. The Attorney General urged Governor Hull to respect the ICJ judgment.
 c. The Solicitor General urged the Supreme Court to dismiss the March 3 last hour appeals.
 d. The State Department assured Germany that the U.S. would respect U.N. Charter Article 94.
25. How did the California reforms differ from measures taken in other jurisdictions?
a. California state courts required changes in police practice, while Illinois elected officials acted on their own.
 b. In addition to training materials, California also required arresting officers to provide consular notice to detained foreign nationals within two hours.
 c. California alone revoked the procedural default rule.
 d. California revised the last in time rule to give full effect to 1963 treaty provisions.
26. How did Arizona’s legislature revise the state’s death penalty procedures in 2002?
a. By requiring prosecutors in capital cases involving foreign nationals to notify appropriate consular officials
 b. By empowering judges to determine whether aggravating circumstances justify capital punishment.
 c. By eliminating automatic death penalty appeals to the State Supreme Court.
 d. By providing for a moratorium on the execution of juveniles.
27. Since the ICJ judgment faulting U.S. procedures
a. President Bush has become more responsive to concerns voiced by Mexican President Vicente Fox.
 b. U.S. judges have demonstrated greater willingness to consider consular notice claims by foreign nationals.
 c. Oklahoma authorities ordered a new trial based on a violation of the Vienna Convention.
 d. The U.S. Supreme Court found execution of the mentally retarded unconstitutional.

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