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| Banking Law Summer 2000 Final Exam |
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| Sunday, 03 December 2006 | |
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UNIVERSITY OF THE PACIFIC McGEORGE SCHOOL OF LAW BANKING LAW & REGULATION PROFESSOR F. GALVES SUMMER SESSION, 2000 THURSDAY, JULY 13, 2000 FINAL EXAMINATION 6:15 P.M. -7:30 P.M. INSTRUCTIONS Please read the following instructions carefully: 1. You will have from 6:15 p.m. to 7:30 p.m. (one-hour-and-fifteen-minutes total time) to complete this one-hour exam. You may begin reading the exam, taking notes, and organizing your answer right at 6:15 p.m. However, please do not begin writing in the Bluebooks until 6:30 p.m. Use the 15-minute reading period (6:15 p.m.-6:30 p.m.) to collect your thoughts and begin organizing your responses. You may use the (2) two blank pieces of paper to write on as you organize your answers during this 15 minute reading/organizing period. 2. This is an OPEN BOOK examination. Thus, you may use your casebooks or any other materials and/or any notes/outlines/checklists you have written. 3. This examination is divided into (2) two parts (each part is weighted roughly commensurate with the suggested time): PART ONE consists of one essay question. You are limited to one bluebook for your answer (one-side of page, single-spaced). This part is an essay exam question, the focus will be on general banking law policy issues. PART TWO contains seven (7) short-answer questions (use a separate bluebook for Part II). Each of these questions can be answered in one to five sentences. These questions are designed to elicit very short answers which are concise, direct, and to the point. You either know the answer or you do not. 4. I suggest that you divide your time during the exam as follows (ONE-HOUR, NOT COUNTING THE INITIAL 15 MINUTE READING/ORGANIZING PERIOD): For PART ONE, you should allot 40 minutes (65% of grade) for this essay question section; For PART TWO, you should allot 20 minutes (35% of grade) to complete this short answer section; this gives you an average of nearly three minutes to read and answer each short-answer question. 5. Both parts of the exam will be distributed together; please return your two Bluebooks and the Exams at 7:30 p.m., unless you finish earlier 6. Please write LEGIBLY, as I can only grade what I can read. 7. STOP WRITING AS SOON AS THE PROCTOR CALLS TIME. Budget and keep your own time as the proctors will not tell you when to move on to the next question. PART ONE OF TWO PARTS (6:30 P.M. - 7:10 P.M.) [40 MINUTES] The major policy concern in Banking Law & Regulation, and in this course, is the competing tension between a pro-free market, pro-liberal bank activity perspective on the one hand, and a pro-regulation, pro-bank control and limitation by federal government agencies, on the other -- Regulation vs. The Free-Market. Finding the proper balance between the two, if there even is one, often is a very elusive task. Pick three specific and appropriate examples from class discussions, cases we have studied, or statutes or regulations we considered, etc., which encompass this policy debate. In the three examples you choose, be sure to explain adequately the competing arguments that are applicable to the example (make as persuasive a case as you can for both perspectives). Also, in your analysis of each example, be sure to explain which perspective (Regulation or Free-Market) is the more persuasive, and why, in the specific context of the example/issue you choose. Make sure each of the three examples/issues you choose is distinct from the other two. Finally, try to choose three examples where the debate is a "close call" between the virtues of regulation and the free-market in the context of the example/issue. PART TWO OF TWO PARTS (7:10 P.M. - 7:30 P.M.) [20 MINUTES] 1. What is "specie" and is it necessary? 2. After Graham-Leach-Bliley, can national banks now directly engage in securities and insurance activities? 3. What is the difference between a "standby" letter of credit and a "traditional" letter of credit? 4. In what ways do "lending limits" contribute to loan diversification and in what ways do they fail to do so? 5. Explain the difference between "FDIC-Receiver," "FDIC-Corporate," and "FDIC-Conservator." 6. If a bank violates the CRA, who has standing to sue and what is the typical remedy? 7. Why is it called the "dual banking system," if chartering options actually provide three options, not just two -- the OCC, the OTS or the NCUA? |
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| Last Updated ( Sunday, 03 December 2006 ) |
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