Question
1. Bernie Madoff is charged with the crime of fraud and is tried. He later had a civil suit filed against him by the victims.
1. Bernie Madoff is charged with the crime of fraud and is tried. He later had a civil suit filed against him by the victims. Which of the following is an inconsistent outcome?
a. Not guilty in the criminal case, liable in the civil case.
b. Not guilty in the criminal case, not liable in the civil case.
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2. When driving under the influence of alcohol Doris Defendant gets into an accident, injures a pedestrian, and is arrested. She will likely be sued civilly by the injured pedestrian. Wanting to avoid a criminal trial yet to avoid admitting civil liability, how should she plead at her arraignment?
a. Not guilty.
b. Guilty.
c. Nolo contendere (no contest).
d. Appeal
c. Guilty in the criminal case, liable in the civil case.
d. Guilty in the criminal case, not liable in the civil case.
e. A second trial violates Mr. Madoffs Constitutional right against double jeopardy.
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3. The Perottis, Donald and Alex Perotti (no relation) are hanging out on a San Diego beach when a ferocious bullapoo (half pit-bull and poodle) dog being walked by its owner, BUS 320 Survivor and pugilist Michael KO Needham, who resides in Miami, Florida, bites Donald, causing him injury. Alex wants to sue Michael. Donald does not because he does not want to incur the cost. Which of the following is true?
a. Whether Alex has standing depends on whether he files the suit in state or federal court.
b. Alex will have standing only if he files the lawsuit in Florida.
c. Alex lacks standing to sue Michael, the owner of the dog, regardless of Donald's injuries.
d. Alex has standing if Michael consents to him filing the suit.
e. Alexs presence at the time of Donalds injury gives him standing to file suit.
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4. Which is true about jury verdicts in criminal cases?
a. If the defendant is found guilty, the defendant may appeal.
b. If the defendant is found not guilty, the government may appeal.
c. If the jury cannot agree on guilt, this is a hung jury, and the defendant goes free just as if
found not guilty.
d. In the case of a tie jury vote, the judge casts a vote to break the tie.
e. Both A and B are true.
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