Test 1

Question 1

Who is the burden of proof up to to prove

Answer 1

prosecutor

Question 2

How many courts can a wrong be taken to

Answer 2

Both civil and criminal

Question 3

If someone is criminally liable, are they liable in court?

Answer 3

They can be but must be proven

Question 4

Why do we avoid punitive damages

Answer 4

Blanket insurance policy takes care of smaller wrongs

Question 5

What is covered by the blanket insurance policy

Answer 5

actual damages and consequential damages are considered (business expense)

Question 6

Is evidence of fixing a problem admissible for punitive damages

Answer 6

No, it is seen as preventative and cannot be used

Question 7

When are punitive damages awarded

Answer 7

When a business is reckless, negligence is not an excuse

Question 8

Why do companies have an obligation to be ethical and socially responsible

Answer 8

Jury might see it as favorable, potentially more customers, can still be profitable

Question 9

What is Assault

Answer 9

Placing someone in fear, which can be done verbally or physically

Question 10

Judges that are legal realists pay attention to

Answer 10

the ripple effect on their call

Question 11

How do insurance companies make decisions

Answer 11

They base them on lawsuit outcomes and admissions into court

Question 12

Why is a motion to dismiss good for companies

Answer 12

there is no evidence

Question 13

what is summary judgement

Answer 13

when a judge chooses makes a decision when it is very obvious

Question 14

What are the two ways to get to the supreme court

Answer 14

sue a party from another state for $75000 or more or if it involves the federal government

Question 15

what is the difference between the criminal court and civil court

Answer 15

criminal court- beyond reasonable doubt and fine goes to state
civil court- per ponderous of the evidence and fine goes to prosecutor

Question 16

what is criminal MENSREA

Answer 16

when you know something is wrong but still do it anyway

Question 17

What is civil Mensrea

Answer 17

When you know people are at risk, but do nothing about it

Question 18

What is the expectation in a lawsuit

Answer 18

file every single basis possible to win

Question 19

What is the responsibility of the attorney

Answer 19

do what it reasonable, substantia, and zealously represent their client

Question 20

What are some ways to avoid lawsuits

Answer 20

Consult with attorneys on what the bread and butter is for the city

Question 21

what is arbitration

Answer 21

when a neutral their party is brought in to solve a problem

Question 22

What is binding arbitration

Answer 22

must do what the arbitrator decides

Question 23

what is mediation

Answer 23

when a third party is used to try and bring the two opposing parties together

Question 24

How does a lawsuit begin

Answer 24

plaintiff files a complaint, gives their version of the facts, defendant responds with answer, jury resolves facts, judge applies the law

Question 25

why was psychological harm not allowed for lawsuits

Answer 25

it could be lied about and not proven

Question 26

when is precedent not followed

Answer 26

when there are advancements in technology or culture

Question 27

What is star decisis

Answer 27

stand by decision, meaning precedent lets us know what the law is, opening up more lawsuits

Question 28

what is statutory law

Answer 28

black letter law, no interpretation, must be followed

Question 29

what occurs in the discovery stage

Answer 29

testifiers of both the defendant and prosecutor are known, depositions would have been made already

Question 30

What message is sent when a summary judgement is not granted

Answer 30

give the rights facts or liabilities will be given, and a precedence has been set

Question 31

What are the constitutional rights of a business

Answer 31

all individual rights are applied to business except the 5th

Question 32

what does the appellate court do

Answer 32

reviews that the judge did things right

Question 33

What is due process

Answer 33

opportunity to be heard and appeal

Question 34

The law protects against discriminatory classifications unless what

Answer 34

there is legitimate local interest being told (pattern)

Question 35

Range of law we must follow

Answer 35

statutory law, common law, reasonably forseeable

Question 36

what is reasonably foreseeable

Answer 36

responsible for consequences that can be predicted, (cases that should be summary judgement but aren't

Question 37

What is a legal positive judge

Answer 37

one whom only applies the law the way it was written

Question 38

what is legal realism

Answer 38

perfect performance is not expected, but best efforts are

Question 39

What is Kante's categorical imperative

Answer 39

one should act in a way that the action taken should be the universal rule of behavior

Question 40

What is utillitarianism

Answer 40

act in a way that results in the greater good for the greatest people

Question 41

What is remediation

Answer 41

taking care of a problem cannot be used against you