For a statement to be defamatory:
a. A third person must have reasonably interpreted the statement to apply to the plaintiff.
b. A third person must have been outraged by the statement.
c. A third person must have been 100% convinced that the statement applies to the plaintiff.
d. None of the above.
A
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Answer the following statement(s) true (T) or false (F)
1. The purpose of the arraignment is to inform the defendant of the charges against him or her. 2. Most criminal cases end in the defendant’s plea of guilty. 3. In some states, the defendant’s presence at court is secured through a bail bond. 4. When a person fails to appear at court, the judge is allowed to enter a conviction against that person. 5. In some states, changes in the criminal discovery rules compel the state to turn over witness statements, investigative reports, and police reports to the defense.
All taxpayers in the United States are identified not by name, but by identification number
a. True b. False
In simple cases involving minor crimes, judges often pronounce sentence at conviction.
Answer the following statement true (T) or false (F)
Darla and her husband, Craig, are engaged in a bitter divorce. They have been married for twelve years. Although they have no children, Craig has bought a lot of "toys" over the years including a motorcycle, speedboat, and an RV all in Craig's name but none listed on his financial statement. They both want the divorce but they also both want more than half of the marital assets because each
believes the other is responsible for the divorce. Craig says he has no money to pay spousal support. Darla has never worked during their marriage (per their agreement that she would take care of their home) and she presently has no marketable skills. He claims that he has a shoulder injury that prevents him from working. However Darla believes he has been working "under the table" doing substantial odd jobs and that he is adding a deck and pool at the home of a woman she thinks he has been having an affair with for more than a year. He has managed all of their finances throughout the marriage and has kept her in the dark. His initial financial statement reveals no retirement fund although he has worked for the local fire department account for twenty years. He also claims that he has no stocks or bonds and yet she says she has seen things on his computer indicating that he does have a stock portfolio. She also saw a mortgage application on which he listed the holdings as assets. She believes he has been communicating with the girlfriend by phone, texting, and email and that he met her through an online dating service. First briefly define formal discovery, informal discovery, and electronic discovery and then indicate how each might be used to Darla's benefit in this case. What potential roles would her attorney, the attorney's paralegal, and Darla herself play?