A key criterion for a court opinion to be on point is that the key facts and background facts of the opinion are sufficiently similar to the key facts and background facts of the client's case.

Answer the following statement true (T) or false (F)


False

Rationale: See "Definition-On Point"

Legal Studies & Paralegal

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An individual is not entitled to a discharge in a case under Chapter 7 if he or she has been a debtor and has received a discharge in a case commenced within the past eight years.

Answer the following statement true (T) or false (F)

Legal Studies & Paralegal

Answer the following statement(s) true (T) or false (F)

1. Whether express preemption exists depends on congressional intent. 2. The Supreme Court has held that, because of the doctrine of preemption, a cigarette manufacturer who complied with federal labeling requirements could not be sued in state court for failure to adequately warn of the dangers of cigarette smoking. 3. A federal law can impliedly preempt a state law. 4. The Supreme Court has held that a state law prohibiting banks from selling insurance conflicts with a federal law giving banks the right to sell insurance in small towns. 5. The dormant commerce clause is a total prohibition on the right of states to make laws that affect interstate commerce.

Legal Studies & Paralegal

Legal professionals track criminal activity and submit the information to the _________ in a process called classifying and storing.

Fill in the blank(s) with the appropriate word(s).

Legal Studies & Paralegal

Danny has been stealing from his job for some time, taking a small amount of currency out of the cash register. One day, his boss confronts him with a videotape showing Danny removing the money from the register. His boss tells him that the only way that Danny can “make it right” is to steal the bank deposit after the restaurant closes and give it to the bank manager. Danny commits the crime and is caught before he can give the money to his boss. What is Danny’s best defense?

a. Entrapment b. Blackmail c. Compulsion d. Coercion

Legal Studies & Paralegal