Question
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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