Review for Exam 3 Essay

939 WordsDec 3, 20144 Pages
TRUE-FALSE QUESTIONS 1. In a criminal trial, the defendant must be proven guilty by a preponderance of the evidence or beyond a reasonable doubt? True 2. A preliminary hearing requires the prosecutor to present probable cause that the defendant committed the crime or requires that bond be set? 3. A misdemeanor or felony is a crime punishable by a fine or a jail sentence of less than one year? 4. Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith? True 5. The Racketeer Influenced and Corrupt Organizations Act (RICO) was originally designed to combat corporate crime? (Hint: No, organized crime…) False 6. General partners or Limited…show more content…
Know which of the following statements is not true regarding the characteristics of a general partnership? A. No minimum amount of capital is required. B. The partners must share in profits. C. There must be a written partnership agreement. D. It may acquire property in its own name. 31. Know that a partnership agreement usually includes, the division of profits and losses between the partners, partnership salaries or withdrawals, the duties of the partners, all the responses are correct. 32. Know that civil and criminal claims are not mutually exclusive. 33. Review Embezzlement. 34. Review Double Jeopardy. 35. Know that res ipsa loquitur would describe negligence where a post operative x-ray showed a surgical sponge in your stomach. 36. Know the elements of a tort: Duty, Breach, Damages and Causation. 37. In negligence cases, Defendants are generally held to the standard of a reasonable person. 38. Which of the following describes when an employer is held vicariously liable for the torts of the “servant” or employee if the employee was acting within the scope of his or her employment? A. Worker liability B. Responder liability C. master/servant liability D. Respondeat Superior 39. Under the doctrine of ________, the plaintiff may only recover the proportionate amount of damages attributable to the defendant’s negligence A. contributory

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