Blaw Narrative Essay

question

False
answer

congress can create a statute on any topic at all
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true
answer

the constitution ensures that the states retain all power not given to the national government
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true
answer

a prospective juror was excused from serving after being questioned by the plaintiffs’ attorney. no reason was given for the rejection. this would be accomplished by the use of a peremptory challenge
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true
answer

summary judgement is appropriate when there is not essential facts in dispute
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false
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in a civil case the plaintiff must prove the case beyond a reasonable doubt
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true
answer

a summons is a paper ordering a defendant to appear in court at a certain time
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true
answer

an appeals court can rule that a trial court’s ultimate ruling was correct even if the trial court made some minor errors during the trial
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false
answer

if interrogatories are being used as a form of discovery, the party being questioned must generally answer all the questions orally under oath
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false
answer

emails and their attachments are not subject to partial discovery
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false
answer

the doctrine of state deicis, though vital to the creation of the common law when this country was settled, is not important to our modern, complex society
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false
answer

because of the concept of state decisis, the US supreme court, in interpreting a statute in 2009, will necessarily interpret certain statutory language in the same way as the US Supreme Court interpreted the same statutory language in 1971
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false
answer

gad berry lives in a common interest development and has parked his new pickup truck in his driveway. the neighborhood association informs him that, according to their regulations he may not have a truck in the sight of passerby. the association has made an unconstitutional restriction of the property rights of residents of the CID
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true
answer

a tort is a violation of duty imposed by civil law
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false
answer

lori works for big corp \”at will\” employee. richard, owner of small store, offers to pay lori much more money if she will leave big corp and work for his store. when lori starts to work for richard, big corp correctly claims Richard is liable for tortious interference with a contract
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true
answer

putative damages are intended to punish the defendant for conduct that is extreme and outrageous
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false
answer

a defendant who engages is setting off fireworks at a fully licensed fourth of july show is liable for the harm that results form the activity only if the plaintiff proves the harm was foreseeable
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false
answer

most state legislatures have passed legislation to reimburse crime victims directly through state government
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false
answer

if the law denies all liability for harm done by tortuous or criminal activity, no one will have to pay for the harm
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false
answer

general deference is intended to teach a specific defendant not to repeat criminal conduct
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true
answer

congress revised and reauthorized the patriot act, but the secret national security letter provisions were later limited by a federal appeals court
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false, 5th
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the 6th amendment declares that a person cannot be tried twice for the same criminal offense, if no what amendment is this
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administrative law
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1. occupational and health administration promulgated a rule requiring warehouse employees to wear hardhats when in the vicinity of an operating forklift. the purpose of hats is to protect employees from danger. this rule is..

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