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Business Law Exam 1
Terms in this set (34)
the party who files an appeal
Right to keep and bear arms
If a cop goes undercover to find someone that breaks the law and is pressuring that person to do bad they can..
raise the defense of entrapment because he was pressured and otherwise would not have done it
Business ethics refers to that special set of ethical principles that applies only to the world
Corporations suffer considerable loss as victims of criminal actions, but corporations cannot be perpetrators of criminal actions.
Becky and Bill live in North Carolina. Becky is injured in a car accident while they are visiting Mississippi. The accident was caused by Annie who also lives in North Carolina, but was visiting relatives in Mississippi. Becky and Bill sues Annie in federal court and ask for $85,000.00 in damages. Does this case belong in federal court based on diversity jurisdiction?
The courts in common law systems have developed a body of law that serves as precedent for determination of later controversies. This is called:
common law, case law, judge-made law (all of the above)
In the united states, treaties are the only type of laws Not subject to judicial review
When an appellate disagrees with and sends the case back to the trial court for a new trial, this is called:
courts in Mississippi are considered to be courts of equity
The doctrine of stare decisis means that:
courts adhere to and rely on rules of law that they or superior courts announced and applied in prior similar decisions.
Which amendment provides for the right to a speedy trial?
Which of the following is NOT true of a suit brought under criminal law?
proof of guilt must be by preponderance of the evidence
A private citizen may bring a criminal action against an individual for breaking a criminal law
A deposition is a pretrial discovery device, which consists of sworn testimony of a witness, taken out of court.
The law can be defined as predictions of the way in which a court will decide specific legal questions
The federal courts and the state courts have concurrent jurisdiction over the same case
(REALLY LONG QUESTIONS WITH ALL OF THE NAMES AND ENDS WITH, all of this one sided contact with judge bobby is a breach of a professional ethics and is sanctionable. Who has committed the ethical violation.
All of the above
One of the reasons for applying sanctions in civil and criminal cases is to be sure that laws will be enforced.
Pointing an unloaded gun at someone who believes it is loaded and threatening to shoot constitutes an assault.
Corporations are generally held to a higher standard
Decisions of state and federal courts appeals are published in volumes known as "reports"
An employer directs his chief financial officer (CFO) to falsify the company's long term debt amounts and the annual revenues. The CFO does so.
Both the CFO and the employer are liable under these facts
Miles, a resident of Mississippi, while driving on Interstate 55, hits Paul, a resident of Louisiana, and totally destroys Paul's brand new Hummer. Paul may bring suit in federal district court:
If the amount in controversy is over $75,000.00
Casey, a prominent local attorney, was the subject of an article in the Daily Mississippian concerning a trial in which she was involved as counsel. In that article, Casey was reported to have been disbarred in another state ten years before. It is not true of Cary, but of her cousin, Frances. Casey will win a suit for defamation against the DM:
only if she can prove that the paper acted with actual malice
Brian is called for jury duty and is selected for possible jury service for a murder case involving a lovers' quarrel. The defendant sees Brian and notices that he is wearing flip flops and has a scruffy beard. The defendant once dated a guy who wore flip flops and had a beard and has unsettling memories about it and gets depressed just thinking about those flip flops. The defendant asks his attorney to strike Brian from the jury.
This is a valid peremptory challenge
David goes out with a group of friends to the Levee. Chris, an off-duty Oxford police officer, recognizes David and strikes up a conversation. Chris wants to know why David isn't drinking a beer, and David reminds Chris that he's under 21. Chris laughs and tells David to go ahead and use his fake ID to buy a beer. After a couple of hours and continued prodding by Chris, David finally gives in and uses the fake ID to buy a beer. Unbeknownst to David, Chris tips off an undercover ABC officer when David walks up to the bar, and David is arrested for MIP and possession of a fake ID. Which of the following best describes David's most likely defense?
One of the most usual remedies granted in a criminal case includes compensation for the victim.
any act omissions prohibited by public law in the interest of protection of the public and made punishable by the government in a judicial proceeding brought by it, whereby proof must be beyond a reasonable doubt
The Mississippi legislature passes a law to raise taxes on cigarettes by $1 per pack. Governor Bryant who is thinking about becoming a lobbyist for Big Tobacco after leaving the governors office, is against this tax reduction and vetoes the legislation to prevent it from becoming law. This is an example of:
Separation of Powers
The 5th amendment protects persons against self-incrimination, double jeopardy and being charged with a capital offense except by grand jury indictment.
When a trial is conducted with a jury, the jury decides issues of ______ and the judge resolves questions of _______.
The United States supreme court reviews most decisions of lower courts by:
the discretionary writ of certiorari
What constitutional principle requires that similarly situated people be treated similarly by government?
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