Explain the history of the Eighth Amendment to the United States Constitution.
What will be an ideal response?
The wording of the Eighth Amendment as we know it today was originally drawn from a provision in the Virginia Declaration of Rights of 1776, which was, in turn, drawn from the English Bill of Rights of 1689. The English Parliament passed this list of rights guaranteed to its citizens in an attempt to prevent misuse of punishment by the king. However, even this can be traced further back to the Magna Carta of 1215, in which the noblemen forced King John to agree that punishments would not be excessive. The Eighth Amendment found in the American Bill or Rights was added, along with the rest of the document, to the Constitution in 1791 in response to concerns that the new constitution of the nation did not provide sufficient protections for accused criminals.
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A lawsuit may be prevented if the defendant?
A. ?is a child. B. ?is unknown. C. ?has sovereign immunity. D. ?is an unincorporated association.
What pleas may an accused enter?
What will be an ideal response?
A plaintiff knows that the wheel bearing of the front tire of the plaintiff's bicycle is failing but
nonetheless decides to go for a bike ride. The bearing fails and plaintiff swerves into on-coming traffic and gets hit. The driver will use which defense to escape liability? A) contributory negligence B) last clear chance C) comparative negligence D) assumption of the risk
The nationality of the parties is relevant when determining whether CISG applies.
Answer the following statement true (T) or false (F)