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Category > Literature Posted 10 Nov 2020 My Price 8.00

ETH 321 Week 1 Practice Assignment

 

ETH 321 Week 1 Practice Assignment

 
Bookmark question for later

In the context of a court case process, what is the definition of rejoinder?

·        Defendant's answer to the plaintiff

·        Decision of the jury

·        Request for a higher court to review a case

·        Decision of the court
 

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In the context of a court case process, what is the definition of sequestered?

·        More likely than not evidence

·        Evidence assuming assent of the reasonable person

·        A jury is separated from the community during a trial

·        First-sight evidence
 

  Bookmark question for later

In the context of a court case process, what is the definition of deposition?

·        A jury is enlisted

·        Determination of jurors' fitness for jury duty

·        Summoning of potential jurors

·        Testimony out of court during pre-trial investigation
 

  Bookmark question for later

In the context of a court case process, what is the definition of beyond a reasonable doubt?

·        No other explanation can be derived from the facts—evidence

·        Plaintiff's challenge to defendant's claim

·        Restoring credibility to a witness' claim

·        Reducing the integrity of a witness' claim
 

  Bookmark question for later

In the context of a court case process, what is the definition of default?

·        The target of a complaint

·        Failure of the defendant to fulfill an obligation

·        Court order to appear in trial

·        Filer of a complaint
 

  Bookmark question for later

In the context of a court case process, what is the definition of mediation?

·        More likely than not evidence

·        Use of a third party to resolve a dispute, often legally binding

·        Using a third party (specifically) to resolve a dispute

·        Court order to appear in trial
 

  Bookmark question for later

Marcus lives in New York but regularly does business in Texas where his company has most of its business contacts. While traveling to Texas from New York, Marcus is sued by the hotel he stays at in Mississippi after he negligently destroys hotel property. Where would jurisdiction most likely fall under long-arm state statutes?

·        Texas

·        Mississippi

·        Federal Court

·        New York
 

  Bookmark question for later

Which of the following lists the burden of proof in level of weight from least to greatest?

·        Clear and convincing evidence; Beyond a reasonable doubt; Prima facie evidence; Preponderance of evidence

·        Prima facie evidence; Preponderance of evidence; Beyond a reasonable doubt; Clear and convincing evidence

·        Prima facie evidence; Preponderance of evidence; Clear and convincing evidence; Beyond a reasonable doubt

·        Preponderance of evidence; Prima facie evidence; Clear and convincing evidence; Beyond a reasonable doubt
 

  Bookmark question for later

Which method of dispute resolution is most typically incorporated as a condition in business contracts for potential disputes?

·        Negotiation

·        Mediation

·        Arbitration

·        Jury trial
 

  Bookmark question for later

If the goal is to prevent undesirable behavior, which of the following is the best tool that matches that goal?

·        Deter crime

·        Allow for orderly protest

·        Allow debate on change

·        Provide legislative processes

·        Prevent discrimination
 

  Bookmark question for later

If the goal is to keep the peace, which of the following is the best tool that matches that goal?

·        Allow debate on change

·        Allow for orderly protest

·        Deter crime

·        Prevent discrimination

·        Provide legislative processes
 

  Bookmark question for later

Judicial review allows the Supreme Court to:

·        A. Declare a law inconsistent with the rules of the Constitution

·        B. Reject the decision of a lower court it finds to have erred

·        C. Change the law to meet the needs of the Court's preferences

·        D. Both A and B
 

  Bookmark question for later

What is the fundamental philosophy of the Sociological school?

·        Law is a means of redistributing wealth or promoting social justice

·        Law is a product of people’s inalienable, natural rights

·        Law is the means by which a ruling class maintains control

·        Law is a function of economic forces
 

  Bookmark question for later

If the goal is to determine procedures for changing the law, which of the following is the best tool that matches that goal?

·        Deter crime

·        Allow for orderly protest

·        Allow debate on change

·        Prevent discrimination

·        Provide legislative processes
 

  Bookmark question for later

During a criminal trial where Emerly was found guilty, evidence was presented against her which Emerly and her lawyer feel was unfairly prejudicial. Emerly wants to appeal the court's decision. Which of the following is most likely true?

·        Since new evidence is not generally accepted in appeals courts, Emerly cannot make any claims about the biased nature of the evidence used against her.

·        Since Emerly was already found guilty, the appeals court will not make any decision in her favor, even if evidence against her was prejudicial.

·        If an appeals court finds that the evidence against Emerly should have been excluded, she can receive a new trial.

·        If an appeal court finds that the evidence against Emerly should have been excluded, she will receive a new trial in the Supreme Court.
 

  Bookmark question for later

If the goal is to remedy social injustice, which of the following is the best tool that matches that goal?

·        Provide legislative processes

·        Prevent discrimination

·        Allow for orderly protest

·        Deter crime

·        Allow debate on change
 

  Bookmark question for later

What is the fundamental philosophy of the Natural school?

·        Law is a product of people’s inalienable, natural rights

·        Law is a means of redistributing wealth or promoting social justice

·        Law is the means by which a ruling class maintains control

·        Law is a function of economic forces
 

  Bookmark question for later

Which of the following is true concerning trial venues?

·        A party can receive a change of venue for any logical reason.

·        A party can receive a change of venue when it anticipates losing a court case in a local venue.

·        A party is required to hold a trial as close as possible to the location or source of a dispute.

·        A party can receive a change of venue when it anticipates a fundamentally biased trial environment.
 

  Bookmark question for later

What is the fundamental philosophy of the Command school?

·        Law is the means by which a ruling class maintains control

·        Law is a product of people’s inalienable, natural rights

·        Law is a means of redistributing wealth or promoting social justice

·        Law is a function of economic forces
 

  Bookmark question for later

What is the fundamental philosophy of the Law and Economics school?

·        Law is a product of people’s inalienable, natural rights

·        Law is the means by which a ruling class maintains control

·        Law is a means of redistributing wealth or promoting social justice

·        Law is a function of economic forces
 

  Bookmark question for later

Which of the following is a legitimate purpose of discovery?

·        To force agreement between parties

·        To reveal which party has more leverage over the other party

·        To help injured parties gain maximum benefits from the guilty party

·        To reveal all available information about the facts of the situation
 

  Bookmark question for later

Amador's company is considering a change in its distribution structure. Before deciding on the change, Amador has a research team examine how it will affect shareholders, employees, suppliers, community members, and other groups. This suggests Amador's company is observing:

·        A moral minimum standard

·        A corporate citizenship moral standard

·        A profit-maximizing moral standard

·        A stakeholder theory moral standard
 

  Bookmark question for later

Nation A makes a decision that Country B disagrees with concerning capital punishments for citizens who commit serious crimes in the country. Which of the following is true?

·        The Act of State Doctrine does not apply to this situation, and Country B may contest the decision.

·        More than one response is correct.

·        Nation B cannot meddle with Nation A’s decision under the Act of State Doctrine

·        Nation B cannot meddle with Nation A’s decision under the doctrine of Comity of Nations.
 

  Bookmark question for later

Nation A makes a decision that Nation B does not agree with concerning the international sale of heavy weapons. Nation B decides to contest the policy rather than let it stand. Which of the following is true?

·        Nation B is refraining from granting comity for Nation A’s decision.

·        More than one response is correct.

·        Nation A is refraining from granting comity for Nation B’s decision.

·        Nation B cannot interfere with Nation A under the Act of State Doctrine.
 

  Bookmark question for later

The U.S. has a treaty with Mexico to not deal in historical artifacts in order to preserve the artifacts in the country they came from. An archaeologist in Mexico who has previously been selling artifacts to American buyers:

·        May still sell the artifacts, since the treaty covers government, and not private, transactions.

·        May still sell the artifacts, as long as the state law of an American buyer permits it.

·        May not sell the artifacts.

·        May not sell the artifacts unless they were acquired prior to the passage of the treaty.

 

Answers

SmartExpert
(118)
Status NEW Posted 10 Nov 2020 02:11 PM My Price 8.00

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