Question

Indicate whether the statement is true or false

Answer 1

F

Answer 2

In Furman, the sentence was applied capriciously and with discrimination. There were no standards for distinguishing capital cases from others.

The penalty was invoked infrequently and unevenly. In Gregg, the new statute lists aggravating and mitigating circumstances. Juries set the penalty in bifurcated trials. An automatic appeal to the state supreme court is provided.

Answer 3

Answer: A

Answer 4

False

Answer 5

C

Answer 6

Answer: E

Answer 7

personal

Answer 8

Answer: A

Answer 9

C

Answer 10

Answer: C

Answer 11

B

Answer 12

A major issue in e-discovery is the cost of producing records. What is the cost to recover and produce a tape backup? And of what value is it unless reproduced in some usable form to manually review or electronically scan and review? Production of electronic documents can often result in huge unanticipated costs. Developing search queries and executing them can cost many hours of time, as well as the cost of attorney time in document review. Forensic consultants can also be costly. Costs of restoration and production of records in a usable form can also have substantial costs.

Answer 13

B. uncertainty avoidance

Answer 14

True

Answer 15

Answer: i

Answer 16

Agency relationships are generally formed by the mutual consent of a principal and an agent, although not always. An agency can arise in any of the following ways: express agency; implied agency; apparent agency, and agency by ratification. The most common form of agency is express agency. In an express agency, the agent has the authority to contract or otherwise act on the principal's behalf as expressly stated in the agency agreement. Additionally, the agent may possess certain implied or apparent authority to act on the principal's behalf. Express agency occurs when a principal and an agent expressly agree to enter into an agency agreement with each other. Express agency contracts can be oral or written unless the Statute of Frauds stipulates that they must be written. A power of attorney is an example of an express agency. An implied agency is an agency that occurs from the conduct of the parties, rather than from a prior agreement between them. The extent of the agent's authority is determined from the facts and circumstances of the particular situation. Implied authority can be conferred by industry custom, prior dealing between the parties, the agent's position, and the acts deemed necessary to carry out the agent's duties. Apparent agency (or agency by estoppel) arises when a principal creates the appearance of an agency that in actuality does not exist. Where an apparent agency is established, the principal is estopped from denying the agency relationship and is bound to contracts entered into by the apparent agent while acting within the scope of the apparent agency. In this type of agency, the principal's actions—not the agent's—creates an apparent agency. An agency by ratification occurs when a person misrepresents him- or herself as another's agent when in fact he or she is not, and the purported principal ratifies (accepts) the unauthorized act. In such cases, the principal is bound to perform and the agent is relieved on any liability for misrepresentation.

Answer 17

Answer: C

Answer 18

True

Answer 19

A court would apply the substantial nexus test under Quill v. North Dakota. Before a state may impose a tax on an out-of-state entity, a state must establish that the imposition of the tax is consistent with the Commerce Clause of the U.S. Constitution. The state must show that the tax is applied to an activity with a substantial nexus with the taxing state.

Answer 20

True

Answer 21

A

Answer 22

d

Answer 23

A

Answer 24

False

Answer 25

The major steps of a felony case are arrest, booking, initial appearance, preliminary hearing or grand jury hearing, arraignment, trial, sentencing, appeal, habeas corpus hearing, and punishment.

Answer 26

B

Answer 27

b

Answer 28

True

Rationale: See "Issue Identification-Case Law"

Answer 29

FALSE

Answer 30

True

Answer 31

B

Answer 32

Answer: A

Answer 33

Answer: D

Answer 34

C

Answer 35

When a debtor's creditors force the debtor into bankruptcy court.

Answer 36

Criminal law deals with acts that harm the entire society. For example, a person accused of a crime will be prosecuted by a representative of the society and will risk relatively greater punishment. In order to be convicted of a crime the accused person must be found guilty beyond a reasonable doubt.

Answer 37

False

Answer 38

unfit

Answer 39

C

Answer 40

1. False
2. True
3. False
4. True
5. False

Answer 41

D) Against the opposing party

Answer 42

True

Answer 43

As mentioned above, reporting meetings of company officials or stockholders.

Answer 44

C

Answer 45

The attorney might interfere with the possibility of a reconciliation because the
attorney would not be paid if the parties reconciled.

Answer 46

A

Answer 47

Photographs should be converted to digital form, and then displayed for the jury using large-screen monitors or video projectors.

Answer 48

Answer: C

Answer 49

Answer: B

Answer 50

B

Answer 51

False

Answer 52

B

Answer 53

Procedural

Answer 54

Answer: C

Answer 55

True

Answer 56

Answer: B