BLAW EXAM 1 Flashcards
In which of the following cases would a lawyer probably expect to be paid an hourly rate?
Defending Wal-Mart when it is sued by a customer who slipped in a Walmart
You have been involved in a car accident and sustained substantial damages. you have hired an attorney to bring a lawsuit against the driver of the other car. in order to win your case, the attorney would have to prove that the other driver was responsible for your damages by what standard of proof?
by a preponderance of the evidence.
Allen has been charged w/ the crime of sexual assault of a federal employee. he was prosecuted in federal criminal court for violating a federal law and was found “not guilty” by a jury. Which is correct based on the doctrine of double jeopardy?
Allen may still be criminally prosecuted in state court because it is a separate sovereign.
- In 1803 the U.S. Supreme Court decided the landmark case of Marbury v. Madison. This case established the legal precedent that the final interpretation of the U.S. Constitution is within the authority of:
The U.S. Supreme Court
- John, a resident of Fayetteville, Arkansas has sought advice from a lawyer on a point of Arkansas law which is being considered by a trial court judge in Fayetteville. Which of the following would constitute a legal precedent which a trial court judge in Fayetteville should consider to be legally binding?
A decision by the Supreme Court of the state of Arkansas
A federal trial court judge in Fayetteville, Arkansas must interpret Arkansas state law. The Arkansas Supreme Court has previously interpreted this law. No federal court has interpreted this law. Will the federal trial judge be required to follow the precedent set by the Arkansas Supreme Court?
Yes, the Arkansas Supreme Court is the ultimate interpreter of Arkansas law
The “common law” is a system of law that has developed primarily on which of the following doctrines:
Stare Decisis
A jury in a criminal case finds the accused to be “not guilty.” What does this indicate?
The prosecution failed to prove its case beyond a reasonable doubt.
Emma was texting while driving when she crashed into Olivia’s car. Olivia’s car was totaled and Olivia suffered a broken leg. Olivia filed a civil suit against Emma to recover damages. Also, Emma is a defendant in a criminal prosecution for violating state law prohibiting texting while driving. Which trial will have the highest burden of proof?
Criminal trial, because the prosecutor must prove Emma guilty beyond a reasonable doubt
The Texas Supreme Court has rendered a decision on a unique negligence issue. No Texas statute or other law addresses this topic. Will Texas trial courts be required to follow the Texas Supreme Court if they try a case with similar facts?
Yes, because this is binding precedent in the state of Texas.
California Police Officer Smith allegedly used unreasonable force when arresting Mia for possession of marijuana. Officer Smith has been charged with of state and federal law. Citing the double jeopardy clause, Officer Smith filed a Motion to Dismiss the state case. How will the judge likely rule?
Deny Officer Smith’s motion because the state and federal governments are separate sovereigns.
Fictitious fact pattern: The Massachusetts legislature creates a statute making it a criminal offense to disparage Tom Brady or Bill Belichick (both famous employees of the New England Patriots football team). Which branch of government has the power to decide whether the Massachusetts statute is constitutional?
The judiciary because of the power of judicial review as established in Marbury v. Madison.
In 1998 the Texas legislature passed a statute with the short name “Texas Fair Pay Act.” In January, 2014, the highest courts of Oklahoma and Texas each rendered opinions interpreting the Texas Fair Pay Act. Now the U.S. Supreme Court is considering a case involving the Texas Fair Pay Act. Assuming no federal law is involved in this case, which state court opinion, if any, is controlling precedent in the U.S. Supreme Court?
The opinion of the Texas court only because that court is the ultimate interpreter of Texas law
The Arkansas Supreme Court ruled that a liquor store selling alcohol to minors may be liable for subsequent alcohol related injuries. Nebraska has no statute or case law addressing liability of liquor stores. In Nebraska, Evan is severely injured when a drunk 18-year-old (Mason) causes a traffic accident. In Nebraska state court, Evan sues the liquor store where Mason purchased alcohol and cites the Arkansas Supreme Court ruling in support of his case. The judge:
Does not have to follow the Arkansas opinion because it is not binding precedent in Nebraska
Todd is an employee of the Yankees. Todd tweets under the twitter name “abc123” vulgar messages about the daughter of Burt Skilling (a professional baseball player). Burt tells the Yankees and the Yankees fire Todd. Todd sues the Yankees alleging they violated his First Amendment right to free speech. How will this case likely conclude?
The suit will be dismissed because of the state action doctrine
The “system” of law which is used in 49 is:
Common Law
Elizabeth was injured on a bike trail when Lisa’s dog attacked her bike, causing her to fall and injure her shoulder. The City Prosecutor has charged Lisa with the crime of violating the city’s animal leash laws. Elizabeth also wants to file suit against Lisa to recover damages to her bike and for her shoulder injury. Which best describes the “burden of proof” in both cases?
The City Prosecutor will have to prove his case beyond a reasonable doubt and Elizabeth will have to prove her case by a preponderance of the evidence.
A federal trial court judge in Fayetteville must interpret a unique Arkansas state law issue. No federal law addresses this topic, but the Arkansas Supreme Court has previously interpreted the Arkansas law on this point. Will the federal judge be required to follow the precedent set by the Arkansas Supreme Court?
Yes: the Arkansas Supreme Court is the ultimate interpreter of Arkansas law.
- Assume that the U.S. Supreme Court ruled abortion is illegal for any woman under the age of 21. Which part of the following is correct?
At a later date the Supreme Court can overrule this precedent
Last year the City of Fayetteville passed an Ordinance making it illegal to discriminate against people because of their sexual orientation or gender identity. A group of citizens is appealing the decision to the Arkansas Supreme Court alleging that the law is unconstitutional under the U.S. Constitution. Which of these decisions will be binding precedent on the Arkansas Supreme Court?
An opinion of the U.S. Supreme Court
Gail posts a message on Facebook that makes negative comments about her employer, Oprah.. Gail works for Oprah’s magazine, “O”. When Oprah sees the post, she immediately fires Gail. Gail sues Oprah alleging a violation of her first amendment rights of free speech. Oprah files a Motion to Dismiss. How will the trial court rule?
Dismissed, because there is no state action.
Adam was charged with the crime of embezzling money from his employer. He was prosecuted in state court (Arkansas) and was found not guilty by a jury. Several months later new evidence was discovered that revealed beyond any doubt that Adam had in fact committed the crime in question. Which of the following is true?
Adam cannot be tried again by the state because of the double jeopardy rule.
The origin of the common law system is based primarily on which of the following?
Written decisions of British judges.
You are serving on a jury which is hearing a lawsuit filed by a plaintiff who is alleging that a defendant’s negligent driving caused the plaintiff serious bodily harm. After hearing the case you determine that it is more likely than not that the plaintiff has proven his allegation that the defendant’s negligence caused the plaintiff harm. However you are not sure of this beyond a reasonable doubt. What should you as a juror do in this situation?
Vote in favor of the plaintiff