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5 Written questions

5 Matching questions

  1. 4th Amendment
  2. Embezzlement
  3. Voluntary Intoxication
  4. Miranda v. Arizona
  5. Defenses to Defamation
  1. a I: Should Miranda be convicted on the basis of his confession?
    R: If a person in custody is to be subjected to interrogation, he must first be informed in clear and unequivocal terms that he has the right to remain silent
    A: Since Miranda was not informed of his rights, his confession should not be considered evidence
    C: The US Supreme Court held that Miranda could not be convicted of the crime on the basis of his confession, since it was inadmissible evidence
  2. b 1. Consent (implied and expressed)
    2. Qualified Defense
    3. Absolute Defense
  3. c Willingly knowing you're drinking or taking drugs
  4. d The trespatory taking and asportation of the personal property of another while in lawful custody or posession
  5. e Prohibits governmental intrusion against unreasonable searches against the person or property

5 Multiple choice questions

  1. 1. Equal protection clause
    2. Prohibits discrimination of age, gender, race, religion, disability, sexual orientation, etc.
  2. The activity must be unique and causes injury
  3. Guilty state of mind
  4. The unlawful carnal knowledge of a female without consent
  5. 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

5 True/False questions

  1. Common Law KidnappingThe malicious burning of the dwelling house of another


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


  3. Qualified Defense (Defamation)Government and political entities have defense, in formal/official settings


  4. Assumption of the riskI: Did Skilling commit honest-services fraud?
    R: The honest-services was a scheme or artifice to defraud
    A: Most honest-services cases involved offenders who participated in bribery or kickback schemes; Skilling did not at any time solicit or accept side payments from a third party in exchange for making misrepresentations concerning Enron's financial health
    C: US Supreme Court got rid of the federal appellate court's ruling that Skilling's actions violated the honest-services statute


  5. Intentional Infliction of Emotional DistressExtreme and outrageous conduct calculated to cause and causes emotional distress


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