Which of the following is FALSE? The discovery process in a civil trial is designed to avoid unfair surprise and encourage voluntary settlement of disputes by letting each side assess the relative strength or weakness of both parties' cases Arbitration is usually made binding because the contract between the two parties provides for binding arbitration in case of a dispute between them. An appeal from a state supreme court to the U.S. Supreme Court is possible only if the case involves a federal question Assume you shot and killed a person who pointed at you what reasonably appeared to be a real gun, If in reality, it turned out to be just a squirt gun, a court will probably convict you of some sort of crime and not let you effectively use a claim of self defense" to avoid that result According to the lectures, a highly moral and virtuous people can afford to have more liberty and less law and still enjoy societal peace, order, and safety. The founding generation encouraged religion because they believed it to have the most effective and powerful civilizing and moralizing influence over the populace. They would warn us that if the government discouraged religion, over time, the sphere of liberty and freedom would necessarily shrink and the sphere of legal mandate and force would necessarily expand in order to maintain peace, order, and safety. Which of the following is FALSE? Occording to the readings one moral justification for capitalism is that one does not benefit from the system until he first contributes to it by satisfying somebody else's needs or wants- Le benefits are earned by making personal contributions to the expansion of the economic pie and not just taken from somebody against his will by the force of law (le through 'Legal Plunder," in the words of Frederic Bastiat) If you are caught speeding in a speed trap" where the police officer was concealed while using his radar gun to determine your speed, you will most likely be able to successfully use the defense of entrapment if you can convince the court that the police officer was in fact concealed Insanity may prove to be an effective criminal defense when it negates the requisite mental state needed to commit a particular crime. Voluntary intoxication or drug abuse will seldom succeed as a criminal defense because the jury will tend to have no sympathy for it and thus, tend to be very skeptical that it went far enough to actually negate the requisite mental state of intent associated with the crime charged If the potential punishment for the commission of a particular crime is less than one years time, then that crime is probably categorized as a misdemeanor Which of the following is FALSE? The sentiment that it is better that 99 guilty men go free than for one man to be convicted of a crime he did not commit would most likely be held by one who believes in Kantian Universalism as the best method of moral analysis. Those who believe strongly in the idea of natural law and human rights, would most likely subscribe to the Universalist mode of ethical analysis. In most states there is no statute of limitations regarding murder, so no matter how long after the crime was committed a prosecutor could put a suspect on trial for murder Currently, in order for a prosecutor to successfully convict a man of ist degree murder, he must convince every member of a 12-person jury that "beyond reasonable doubt the defendant committed the crime. If we thought that there were too many false convictions taking place under this standard, we could create an even more demanding standard of proof that the prosecutor must meet to successfully convict. Assume a police officer pulls you over for speeding and when he comes to the side of your car to Converse with you, he notices a bag of cocaine plainly in sight on your back seat. On the spot he confiscates the legal drugs, arrests you, and you are prosecuted for the crime of illegally having a controlled substance. Most likely you would be able to successfully raise the violation of your 4th Amendment rights against an unreasonable search and seizure of the drugs, as a viable criminal defense because the officer did not first get a warrant to search your car and seize any incriminating evidence found Which of the following is FALSE? The teacher pointed out that most businesses fail in the first few years after their creation because they can't generate sufficient revenues to cover all of their costs. He also observed that compliance with the law adds to the real costs of doing business and hence, further diminishes the chances of success for any particular business. He used the example of the Sarbanes/Oxley law passed in response to the failed Enron audit which failed to publicly disclose that Enron was 'cooking the books to overstate their true operating results. It is estimated that it costs every public company $2.9 million annually to comply with that law. Basically history remembers Mussolini as a despot or tyrant-the FDR administration and the American press saw that right from the start. One of the basic assumptions behind many of the New Deal policies was that low wages and low prices were the cause of the depression. Consequently several federal programs sought to keep wages and prices up artificially by the force of law. The teacher argued that the Sarbanes/Oxley law may have been unnecessary since the free marketplace effectively imposed capital punishment on Arthur Andersen and thereby made a very powerful statement about the need for integrity amongst public auditors without the need for an expansion of our positive law. Once it came to light what happened at Arthur Andersen, its various audit clients started fringit as their auditor in fear that their audit results might not be credibly received in the securities markets were Arthur Andersen to be the one expressing the audit opinion. In political discourse, fundamental words like "liberty." "freedom, "justice.equality and rehts often carry different meanings in the minds of the speaker than they do in the minds of the audience. We should not be swayed by an argument simply because words like these are used by a speaker or writer. We should first determine whether or not we agree with the meanings being attached to those words. Which of the following is FALSE? The discovery process in a civil trial is designed to avoid unfair surprise and encourage voluntary settlement of disputes by letting each side assess the relative strength or weakness of both parties' cases Arbitration is usually made binding because the contract between the two parties provides for binding arbitration in case of a dispute between them. An appeal from a state supreme court to the U.S. Supreme Court is possible only if the case involves a federal question Assume you shot and killed a person who pointed at you what reasonably appeared to be a real gun, If in reality, it turned out to be just a squirt gun, a court will probably convict you of some sort of crime and not let you effectively use a claim of self defense" to avoid that result According to the lectures, a highly moral and virtuous people can afford to have more liberty and less law and still enjoy societal peace, order, and safety. The founding generation encouraged religion because they believed it to have the most effective and powerful civilizing and moralizing influence over the populace. They would warn us that if the government discouraged religion, over time, the sphere of liberty and freedom would necessarily shrink and the sphere of legal mandate and force would necessarily expand in order to maintain peace, order, and safety. Which of the following is FALSE? Occording to the readings one moral justification for capitalism is that one does not benefit from the system until he first contributes to it by satisfying somebody else's needs or wants- Le benefits are earned by making personal contributions to the expansion of the economic pie and not just taken from somebody against his will by the force of law (le through 'Legal Plunder," in the words of Frederic Bastiat) If you are caught speeding in a speed trap" where the police officer was concealed while using his radar gun to determine your speed, you will most likely be able to successfully use the defense of entrapment if you can convince the court that the police officer was in fact concealed Insanity may prove to be an effective criminal defense when it negates the requisite mental state needed to commit a particular crime. Voluntary intoxication or drug abuse will seldom succeed as a criminal defense because the jury will tend to have no sympathy for it and thus, tend to be very skeptical that it went far enough to actually negate the requisite mental state of intent associated with the crime charged If the potential punishment for the commission of a particular crime is less than one years time, then that crime is probably categorized as a misdemeanor Which of the following is FALSE? The sentiment that it is better that 99 guilty men go free than for one man to be convicted of a crime he did not commit would most likely be held by one who believes in Kantian Universalism as the best method of moral analysis. Those who believe strongly in the idea of natural law and human rights, would most likely subscribe to the Universalist mode of ethical analysis. In most states there is no statute of limitations regarding murder, so no matter how long after the crime was committed a prosecutor could put a suspect on trial for murder Currently, in order for a prosecutor to successfully convict a man of ist degree murder, he must convince every member of a 12-person jury that "beyond reasonable doubt the defendant committed the crime. If we thought that there were too many false convictions taking place under this standard, we could create an even more demanding standard of proof that the prosecutor must meet to successfully convict. Assume a police officer pulls you over for speeding and when he comes to the side of your car to Converse with you, he notices a bag of cocaine plainly in sight on your back seat. On the spot he confiscates the legal drugs, arrests you, and you are prosecuted for the crime of illegally having a controlled substance. Most likely you would be able to successfully raise the violation of your 4th Amendment rights against an unreasonable search and seizure of the drugs, as a viable criminal defense because the officer did not first get a warrant to search your car and seize any incriminating evidence found Which of the following is FALSE? The teacher pointed out that most businesses fail in the first few years after their creation because they can't generate sufficient revenues to cover all of their costs. He also observed that compliance with the law adds to the real costs of doing business and hence, further diminishes the chances of success for any particular business. He used the example of the Sarbanes/Oxley law passed in response to the failed Enron audit which failed to publicly disclose that Enron was 'cooking the books to overstate their true operating results. It is estimated that it costs every public company $2.9 million annually to comply with that law. Basically history remembers Mussolini as a despot or tyrant-the FDR administration and the American press saw that right from the start. One of the basic assumptions behind many of the New Deal policies was that low wages and low prices were the cause of the depression. Consequently several federal programs sought to keep wages and prices up artificially by the force of law. The teacher argued that the Sarbanes/Oxley law may have been unnecessary since the free marketplace effectively imposed capital punishment on Arthur Andersen and thereby made a very powerful statement about the need for integrity amongst public auditors without the need for an expansion of our positive law. Once it came to light what happened at Arthur Andersen, its various audit clients started fringit as their auditor in fear that their audit results might not be credibly received in the securities markets were Arthur Andersen to be the one expressing the audit opinion. In political discourse, fundamental words like "liberty." "freedom, "justice.equality and rehts often carry different meanings in the minds of the speaker than they do in the minds of the audience. We should not be swayed by an argument simply because words like these are used by a speaker or writer. We should first determine whether or not we agree with the meanings being attached to those words