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BUL 4310 Midterm - Prof. Barman with complete verified solutions(graded A+).
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BUL 4310 Midterm - Prof. Barman with complete verified solutions(graded A+).
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BUL 4310 Midterm - Prof. Barmanwith complete verified
solutions(graded A+)
The term that refers to the authority of a court to hear a particular
case is called
jurisprudence
juris authoritis
judicata
jurisdiction - answer jurisdiction
O.J Simpson found not guilty. A family member of the victim filed
which type of suit? - answer Civil
To be convicted of a crime a person must: - answer Commit a guilty
act (actus reus).
Have the guilty mind (mens rea) during commission of the guilty
act.
What are strict liability crimes? - answer certain statutory offenses
exist in which mens rea is not essential
traffic crimes and public safety are examples and statutory rape
,What is a responsible corporate officer? - answer Officer-Means that
corporations cannot turn a blind eye to anything.
List the Property Crimes - answer Burglary, larceny, theft of trade
secrets, theft of services, arson, receipt of stolen goods, forgery
If a former Coca Cola employee reveals the recipe this is illegal and
called - answer Theft of Trade Secret
In People v. Whitmer (2013) the dealership employee took several
down payment credit card numbers and charged them later knowing
the accounts were fake. This is an example of - answer Larceny
If employees of Publix protest on the top of a Publix truck in the
middle of the freeway this counts as what type of crime? - answer A
public Order Crime
People v. Sisuphan (2010)-. A salesperson received $8,000 in cash
and it gets stuck in the drop safe. The salesperson tells his enemy
to watch the cash while he gets the manager. The safe opens and
the enemy steals the money and places the envelope back in. The
accounting department calls the next day and explains the envelope
is short $6,000. The enemy gives the money back but is arrested. He
claims Mens Rea because he didn't intend to steal the money. He
lost and was sentenced because he intended to deprive the
organization of money. This is an example of - answer White Collar
Crime (Larceny)
CASE 10.2 Messerschmidt v. Millender (2012) - answer Set
precedent for probable cause.
Fruit of the Poisonous Tree also named the Exclusionary Rule -
answer Evidence obtained in violation of the Fourth Amendment is
excluded from trial
,Fruit of the Poisonous Tree Example - answer Law enforcement
searches home in any location where they believe an elephant tusk
can be hidden (3-5 ft). If law enforcement opens a tiny jewelry box
and opens it and finds cocaine they cant use it because it was
beyond the scope of the warrant.
8th Amendment - answer Prohibits excessive bail and fines and
against cruel and unusual punishment.
If a girl stole a $1,000 purse was made to go to the mall and sit in
front holding a sign that says "I'm a thief" rather than sentence her
to 2 years. This is fair and legal under which amendment? - answer
the 8th
Miranda v. Arizona (1966) - answer Requires police to inform
suspects of their constitutional rights
What Doctrine did Brown vs Board of Education introduce? - answer
Stare Decisis (to stand on decided cases)
Exceptions to the Miranda Rule - answer public safety, certain
confessions, suspect must unequivocally assert right to counsel
What does Stare Decisis Mean? - answer Courts must respect and
honor prior court decisions
What may a court refer to in cases of First Impression? - answer
positive law, public policy, or widely held social values
Linde v. Arab Bank, PLC (2013
is an example of which form of international law? - answer Principle
of Comity: The Arab bank is located in Jordan. Jordan allows bank
, accounts with only number and no names attached to it (like a swiss
account). The US required the bank to disclose the names of the
holders. Arab bank said no since they are HQ in Jordan. US said
since its in the US they had to disclose the identities .
This Doctrine in international law exempts nationals from
jurisdiction in the US courts unless the foreign state has waived its
immunity. - answer Doctrine of Sovereign Immunity
Example of Political Factors also known as retaliation: - answer You
own a store in London where you sell all types of vodka. You sell
Vodka from Russia. Russia and the Ukraine had a beef and the
European Union said no Imports from Russia. Until the political beef
is resolved its illegal for you to bring in your vodka.
Can international disputes be arbitrated in America? - answer Yes.
Carnival Cruises says in their contract that no matter where your
issue happens it must be arbitrated in Miami.
Why is Kiobel v. Royal Dutch Petroleum Co. (2013) is an Example of
an International Tort Claims. - answer Royal Dutch Petroleum
employee injured and became US citizen and wanted to sue in US
after becoming a citizen. US said No.
What is the Objective Theory of Contacts? - answer When the
contract is not clear a judge decides what to do.
CASE 9.1 Pan Handle Realty, LLC v. Olins (2013 is an objective
theory of Contracts example because. - answer The seller gives a
check to buyer. Buyer cashes it and says the contract isn't over and
they still need to negotiate. A judge said since there was a check
exchange, the check closed the deal.
What are the 5 aspects required for formation of a contact. - answer
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