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5 Written questions

5 Matching questions

  1. Insanity
  2. Involuntary Intoxication
  3. Boles v. Sun Ergoline
  4. NCR Corp. v. Korala Asst. Ltd.
  5. Defamation
  1. a The false defamatory statement of and concerning the plaintiff communicated to a third party
  2. b I: Is this a viable case of product liability, in terms of a manufacturing defect?
    R: Where a seller, manufacturer, or retailer places a defective product in the stream of commerce, the user, consumer, or bystander may have a successful lawsuit under a product liability suit
    A: The manufacturing defect caused an injury
    C: The case was ruled in favor of the plaintiff, because the product was deemed unsafe
  3. c Always a legal defense (not murder); didn't choose to take drugs or alcohol
  4. d I: Did NCRs claims fall within the arbitration agreement, if the agreement is valid?
    R: Any doubts concerning the scope of arbitral issues should be resolved in favor of arbitration
    A: Since there were doubts that NCR's claim fell within the agreement, by the rule statement, it would need to be resolved by arbitration, regardless
    C: The Court of Appeals affirmed the district court's decision compelling arbitration
  5. e 1. Irresistible Impulse
    2. Majority Rule

5 Multiple choice questions

  1. I: Is the arbitration agreement valid?
    R: The agreement at issue is both procedurally and substantially unconscionable
    A: The agreement was unconscionable or it favored one party more than the other; In this case, GeoEx made the plaintiffs come to California in order to mediate or arbitrate, limited the damages rewarded to the plaintiff, and lead the plaintiff to believe that other entities use the same agreements, implying that they lacked bargaining power
    C: The arbitration agreement is not valid, so GeoEx's motion to compel arbitration is denied
  2. 1. Preponderance of evidence
    2. Clear and convincing evidence
  3. Reasonable beyond reasonable doubt
  4. The trespatory taking and asportation of the personal property of another while in lawful custody or posession
  5. Extreme and outrageous conduct calculated to cause and causes emotional distress

5 True/False questions

  1. Palsgraf v. Long Island RailroadI: Did the guards commit negligence?
    R: Negligence: Duty, Breach, Causation, Damage
    A: The damage was not direct and the causation was unforeseeable
    C: Palsgraf's case was dismissed

          

  2. Voluntary IntoxicationWillingly knowing you're drinking or taking drugs

          

  3. Trial Process1. Burden of proof
    2. Opening arguments
    3. Direct examination
    4. Indirect/cross examination
    5. Closing arguments
    6. Jury instructions
    7. Jury verdict
    8. Motion for new trial
    9. Appellate review

          

  4. Friends of the Earth v. CCPCOne may use both deadly or non-deadly force where the other was also privileged to use the same amount of force, protecting the victim, not the wrongdoer

          

  5. 8th Amendment1. Due process to a fair trial
    2. Reasonable bail being set
    3. Entitled to not be subjected to cruel and unusual punishment

          

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