Burdens of proof- beyond a reasonable doubt
Criminal case
Jury or judge has to find the person guilty of the crime and that the jury has no reasonable doubt the defendant is guilty
Doesn’t have to have evidence beyond a reasonable doubt
If one person in a jury thinks person is innocent they cannot convict him
System is to make sure somebody is guilty
If there is doubt you cannot convict
Reasonable doubt – if theres one person
Civil trial two standards
Preponderance of the evidence – the party with the burden of proof must convince the jury that the facts reveal a greater weight of evidence supporting the position of the plaintiff more so than against it
Clear and convincing proof – slightly above preponderance…
Reasonable person –
Exam Review
Bonus Question : Explain workplace homogamy
Business explanation
What is the propinquity effect?
What is a preriptery challenge?
What is a for cause challenge?
Before calling a case the clerk summons potential jurors, what is that panel called?
What is a deposition?
What’s the difference between request for admissions and request for production of documents?
There are 3 kinds of speech not protected by the government that states have the right to prohibit. What are they?
After the opening statements, the plaintiff presents his or her what in open court?
Definition of a deposition?
Four sets of choices how a civil case proceeds?
1) Discovery, complaint, answer, trial, judgment
2) Complaint, answer, trial, discovery, judgment
3) Complaint, answer, discovery, trial, judgment
4) Answer, complaint, discovery, trial, judgment
What can an appellate court do to a previous decision?
1) Modify the decision
2) Reverse the decision
3) Affirm the decision
4) All are correct
Tony fell and injured himself in a mega toystore, mega toystore I incorporated in Delaware. Tony is a resident of Nevada, but was injured in a mega toystore in Arizona. Mega Toystore does not do business in Nevada, tony’s damages exceeded $100,000. So where may tony file his lawsuit
1) He may file the lawsuit in an Arizona state court
2) He may file a lawsuit in a federal district court
3) He may file a lawsuit in a federal appellate court
4) He may file it in Arizona state court or a federal district court
The power of federal courts to declare a statute or government action unconstitutional called?
In the united states its generally felt that the best way to find the truth is for the 2 contesting sides to present the strongest case possible to a neutral fact finder. Whats the appropriate system for the
1) Conflict system
2) Mediation system
3) Adversary system
4) Alternative dispute resolution system
A real and substantial controversy
This individual is designated to receive service on behalf of a corporation.
All forms of expressive conduct includes gestures, movements, and money
The process of questioning jurors to determine their qualifications and biasty’s known as?
Empowers congress to pay the debts, provide for common defense, and provide for the general welfare of the united states
Oral Questioning under oath of both parties or witnesses
When is a bench trial used?
Congress shall make no law respecting an establishment of religion or prohibiting the free excersise there of T/F
Defamation in written form
Any written or oral testimony given in court about a statement made by someone else
This article contains the full faith and credit clause and the privileges and immunities clause
Commerce within a single state
Typically set as a percentage of the damages of
Most cases reach the supreme court on writ of soriory. Which