The different degree of reliance on oral evidence by witnesses somehow differentiate the culture of evidence-raising in civil law and common law jurisdictions. In your view, if a witness already provided written testimony, is it still necessary to summon each of them to provide oral evidence?
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The different degree of reliance on oral evidence by witnesses somehow differentiate the culture of evidence-raising in civil law and common law jurisdictions. In your view, if a witness already provided written testimony, is it still necessary to summon each of them to provide oral evidence?
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- The Supreme Court of State G decided that the U.S. Constitution requires professors to warn students of their right to remain silent before questioning the students about cheating. This ruling directly conflicts with a decision of the Federal Court of Appeals for the circuit that includes State G. a. Must the Federal Circuit Court of Appeals withdraw its ruling? b. Must the Supreme Court of State G withdraw its ruling?Which of the following is NOT true of criminal fraud cases? A. It is easier for the prosecution to prevail in a criminal case than it is for the plaintiff to prevail in a civil case. B. Juries generally must rule unanimously on guilt. C. The burden of proof is beyond a reasonable doubt. D. The government/prosecution has the burden of proof.Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has "unambiguous proof" that Casey is guilty. Which of the following is most likely true? If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted. Casey need not worry about the plaintiff's evidence, since parties tend to boast about the level of proof they can establish anyway. If the plaintiff meets a "clear and convincing" burden of proof, Casey will be found guilty. The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.
- 3. Privacy as a legal team is best described by which definition? a. Right of an individual to limit disclosure of personal information. b. Protection of health information in a patient-provider relationship c. Physical and electronic protection of health information d. Prevents the stealing of electronically stored informationDuring an embezzlement trial, the plaintiff’s attorney is performing a direct examination of a witness. The attorney asks the witness, “What happened when you asked your supervisor what they knew about the incident?” The witness replies, “my supervisor said that Mr. Smith had embezzled money from the company.” Smith is the sole defendant in the case. Which of the following is the most accurate statement concerning the witness’s response? A. The witness’s response is hearsay, but it is admissible because a hearsay exception applies. B. The witness’s response is not hearsay, and it is admissible. C. The witness’s response is not hearsay, but it is inadmissible because it is unreliable. D. The witness’s response is inadmissible hearsaySubstantive law includes the following areas of law: a) Criminal Law b) Criminal Procedure c) Family Law d) Contract Law e) a,c, and d only f) a,b, and d only
- What is supervisory jurisdiction Exclusive jurisdiction Appellate jurisdiction Original jurisdiction?An American Company refuses to hire people from the Quebec region of Canada. Their justification is that the accent from this province can be difficult to understand. If a Quebecois woman sues the American Company under Title VII, which of the following is true: Her lawsuit will be unsuccessful because she’s not an American citizen Her lawsuit will be unsuccessful if the Company can prove a bona fide occupational qualifier Her lawsuit will be unsuccessful if the Company can prove a business necessity Her lawsuit will only be successful if she can prove that the Company enacted the policy due to its animus toward Quebecois people.An example of a legal object may be : a) an idea you have for a new business venture B) a 21-year old male person C) all natural and juristic persons D) all the above
- What is the National Conference of Commissioners on Uniform State Laws? A group of experts who develop laws for states to adopt so that laws on specific subjects will be the same from state to state An organization made up of representatives from the legislatures in each state that negotiates changes to state laws intended to standardize state laws A committee of the U.S. Congress whose purpose is to propose how differences in state laws can be resolved A committee of the American Bar Association whose purpose is to recommend to the U.S. Congress how differences in state laws can be eliminated What is the legal concept that rulings made by the highest courts must be followed by lower courts in future cases? Civil law Model laws Stare decisis Restatement of the lawWhat is the contra proferentum rule and how does this apply to exclusion clauses? Which of the following is correct? The contra proferentum rule applies so that an exclusion clause is always interpreted by a court against the party relying on it The contra proferentum rule basically means that an exclusion clause is contrary to the interests of consumers and therefore unenforceable as a term Contra proferentum refers to the ability of consumer law to set a contrary term to that of the parties within a contract The contra proferentum rule means that the party relying on the exclusion clause must be able to prove that the other party agreed to it, otherwise it is not enforceable1) A black firefighter alleges that each time he is transferred from one fire station to another, he must take his bed with him, on orders of the fire chief. The fire chief defends on the basis that it is a legitimate decision because white firefighters would not want to sleep in the same bed in which a black firefighter slept. Is this illegal under Title VII? Explain 2) A white college receptionist is fired when it is found that she told a black college applicant that the applications for admissions are distinguished by race by the notation of a small Rh in the corner of black applicants’ applications.”Rh,”she says, is her supervisor’s term for “raisin heads, “which he calls African-Americans. Is this employee entitled to reinstatement? 3) jose and Cesar, both Hispanic, are carpenters employed by a contractor to help build an office building in Maryland. While working, Jose and Cesar discover that they are being paid less than non-Hispanic employees. In addition, they allege a hostile…