TRUE-FALSE QUESTIONS 1. In a criminal trial, the defendant must be proven guilty by a preponderance of the evidence or beyond a reasonable doubt? True 2. A preliminary hearing requires the prosecutor to present probable cause that the defendant committed the crime or requires that bond be set? 3. A misdemeanor or felony is a crime punishable by a fine or a jail sentence of less than one year? 4. Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith? True 5. The Racketeer Influenced and Corrupt Organizations Act (RICO) was originally designed to combat corporate crime? (Hint: No, organized crime…) False 6. General partners or Limited …show more content…
Know which of the following statements is not true regarding the characteristics of a general partnership? A. No minimum amount of capital is required. B. The partners must share in profits. C. There must be a written partnership agreement. D. It may acquire property in its own name. 31. Know that a partnership agreement usually includes, the division of profits and losses between the partners, partnership salaries or withdrawals, the duties of the partners, all the responses are correct. 32. Know that civil and criminal claims are not mutually exclusive. 33. Review Embezzlement. 34. Review Double Jeopardy. 35. Know that res ipsa loquitur would describe negligence where a post operative x-ray showed a surgical sponge in your stomach. 36. Know the elements of a tort: Duty, Breach, Damages and Causation. 37. In negligence cases, Defendants are generally held to the standard of a reasonable person. 38. Which of the following describes when an employer is held vicariously liable for the torts of the “servant” or employee if the employee was acting within the scope of his or her employment? A. Worker liability B. Responder liability C. master/servant liability D. Respondeat Superior 39. Under the doctrine of ________, the plaintiff may only recover the proportionate amount of damages attributable to the defendant’s negligence A. contributory
In the case of Wong Sun v United States, in consideration of the fruit of the poisonous tree doctrine the Court excluded the admission of evidence in the trial court due to the violation of defendant’s Fourth Amendment Rights when the derivative evidence was obtained. Therefore, in this essay, I am going to discuss if the exclusion of evidence contributes in an important way of supporting the guarantees of the Fourth Amendment or should the derivative evidence be admitted because police officers could not have anticipated the discovery of derivative evidence.
* 2. newly-discovered evidence which, if introduced at the trial, would probably have produced a
A) The topic concerning this case is negligence law. The issue is whether Simon would be successful perusing a negligence claim.
Jane kidnaps Edward's elderly mother and tells Edward that if he does not paint graffiti on Eric's house, Jane will kill his mother.
1. In the paternalistic model of doctor-patient relationship, power resident exclusively with Doctors; in the engineering model, it resides entirely with Patients.
7. What is the piece of hardware that allows a device to physically access a network?
The Tort of Negligence put the claimant in the position to prove that the defendant owed to them a duty of care, the defendant breached that duty and the claimant must have suffered damages as result of that breach (Donoghue v Stevenson [1932] AC562).
In the district court trial, the jury sided with the plaintiff and ruled that the St. Louis Hockey Club was vicariously liable for the plaintiff’s injuries. The trial court agreed with the plaintiff’s argument that as per the doctrine of respondeat superior, the defendant was liable for their employee’s negligent actions that led to the plaintiff’s injuries. As part of their
an explanation of why and how each decision was made throughout the entire trial. The basis
seeks to ensure that the defendant will appear at the appointed time to face charges.
12. Which of the following torts committed by an agent is the liability of the principal?
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
In the case sub judice, the County introduced seventeen pieces of evidence to be relied upon by the Board when rendering its decision. Floyd failed to object to the introduction of any of the evidence entered against him so as to give the Board an opportunity decide upon his objections in the first instance. The failure to adequately preserve these issues impairs out ability to assess the merits of Floyd’s arguments with the benefit of a developed record. We, therefore, hold that Floyd’s objections to the hearsay evidence admitted against him were not adequately preserved for judicial review. Assuming, arguendo, the questions here were preserved, for the reasons stated below we hold the admission of the evidence against Floyd did not deny his procedural due process rights.
The courts ruled that the plaintiff had not right to use such coercive methods when competing for business and the liability was clear in this circumstance. The defendant was awarded $1250.00 by the plaintiff for compensatory damages and $4000.00 was awarded by the association for exemplary damages. Plaintiff attempted to appeal stating the awarded amount was excessive; the courts ruled that the amount awarded was not excessive and denied the appeal from the plaintiff. No dissenting opinion was made.