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Once a defendant is acquitted, he or she cannot be tried again in the same court for the same crime. True False A controlling decision

Once a defendant is acquitted, he or she cannot be tried again in the same court for the same crime.

True

False

A controlling decision is one from a higher court in any jurisdiction.

True

False

A decision from a lower court in the same jurisdiction is not binding on a higher court.

True

False

Courts must have personal as well as subject matter jurisdiction to bind a defendant to a decision.

True

False

An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.

True

False

One of the functions of the judiciary is to determine the validity of laws enacted by Congress and legislatures and actions by the executive branch.

True

False

Diversity of citizenship is one way to "get into" federal district court.

True

False

Which of the following are discovery devices?

A.

oral deposition

B.

physical exam

C.

notice to admit

D.

all of the above

An arrest will not be valid

A.

if there is no warrant issued

B.

if the arresting officer does not witness the crime

C.

if no probable cause exists

D.

all of the above

Courts will provide an equitable remedy when

A.

no remedy at law exists

B.

a party requests one

C.

at any time

D.

all of the above

Assumption of the risk may be available as a defense for

A.

all injuries suffered

B.

most injuries suffered

C.

intentional torts

D.

injuries suffered which are common to the activity

An action for fraud requires

A.

a misstatement or omission

B.

knowingly made

C.

which is relied upon,causing harm

D.

all of the above

The fifth amendment protections against self-incrimination are

A.

available in criminal and civil trials

B.

available only to individuals

C.

available only in criminal trials

D.

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