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Quiz 1 :

Introduction to Law

Quiz 1 :

Introduction to Law

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Leslie Bergh and his two brothers, Milton and Raymond, formed a partnership to help build a fancy saloon and dance hall in Evanston, Wyoming. Later, Leslie met with his friend and drinking buddy, John Mills, and tricked Mills into investing in the saloon. Leslie did not tell Mills that no one else was investing cash or that the entire enterprise was already bankrupt. Mills mortgaged his home, invested $150,000 in the Saloo n-and lost every penny of it. Mills sued all three partners for fraud. Milton and Raymond defended on the grounds that they did not commit the fraud; only Leslie did. The defendants lost. Was that fair? By holding them liable, what general idea did the court rely on? What Anglo-Saxon legal custom did the ruling resemble?
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This case brings up the issue of morality and the law. Here, M was completely innocent, if not a little naïve, in his financial investments. L and his brothers were in a better position and had more knowledge regarding the outcome of M's financial investment. Because they chose not to impart this information prior to M's investment, L and his brothers should be held liable. Although L was the one who actually defrauded M, his brothers were members of this partnership and were in a better position than L to prevent his loss. Thus, they should be held responsible.

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YOU BE THE JUDGE WRITING PROBLEM Should trials be televised? Here are a few arguments on both sides of the issue. You be the judge. Arguments against live television coverage :We have tried this experiment and it has failed. Trials fall into two categories: those that create great public interest and those that do not. No one watches dull rials, so we do not need to broadcast them. The few that are interesting have all become circuses. Judges and lawyers have shown that they cannot resist the temptation to play to the camera. Trials are supposed to be about justice, not entertainment. If a citizen seriously wants to follow a case, she can do it by reading the daily newspaper. Arguments for live television coverage : It is true that some televised trials have been unseemly affairs, but that is the fault of the presiding judges, not the media. Indeed, one of the virtues of television coverage is that millions of people now understand that we have a lot of incompetent people running our courtrooms. The proper response is to train judges to run a tight trial by prohibiting grandstanding by lawyers. Access to accurate information is the foundation on which a democracy is built, and we must not eliminate a source of valuable data just because some judges are ill-trained or otherwise incompetent.
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In this case, there are many benefits in allowing the public access to trials via live televised coverage. They can better understand the ways in which our legal system work and evaluate the flaws of such a system. This sort of public exposure can change the legal system for the better. Although some televised trials can become circuses, there can be regulations in place to avoid a media frenzy. There may be limited members of the media present in the courtroom, certain types of cameras, and certain parts of the trial carried out without the media present.

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Kuehn v. Pub Zone and Soldano v. O ' Daniels both involve attacks in a bar. Should they have the same result? If so, in which way-in favor of the injured plaintiffs or owner-defendants? If not, why should they have different outcomes? What are the key facts that lead you to believe as you do?
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Facts of the case is given below:
In the case of S vs. O, the fight escalated, and a man shot and killed S's father. S sued the owner of the circle inn for negligence and argued that the bartender violated a legal duty when he refused to call police. Here, they were fighting for the duties that bartender should have.
But in this case K vs. PZ,
• PZ is a bar owned by MK. From her experience in attending bar, she knows that there is a threat from some gangs to attack customers for no reason.
• A gang named P has entered the bar, followed a customer K and knocked him unconscious with numerous fractures of facial bones.
• Here, they were quarrelling against either that whether PZ has a duty to protect from P gang's attack.
From the above two cases, we can clearly say that both the cases are different from each other, so will have different outcomes and hearings from the jury.

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Burglar Bob breaks into Vince Victim's house. Bob steals a flat-screen television and laptop and does a significant amount of damage to the property before he leaves. Fortunately, Vince has a state-of-the-art security system. It captures excellent images of Bob, who is soon caught by police. Assume that two legal actions follow, one civil and one criminal. Who will be responsible for bringing the civil case? What will be the outcome if the jury believes that Bob burgled Vince's house? Who will be responsible for bringing the criminal case? What will be the outcome if the jury believes that Bob burgled Vince's house?
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Which of the following parts of the modern legal system are "borrowed" from medieval England? (a) Jury trials (b) Special rules for selling land (c) Following precedent (d) All of the above
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If the Congress creates a new statute with the President's support, it must pass the idea by a _________majority vote in the House and the Senate. If the President vetoes a proposed statute and the Congress wishes to pass it without his support, the idea must pass by a _________ majority vote in the House and Senate. (a) simple; simple (b) simple; two-thirds (c) simple; three-fourths (d) two-thirds; three-fourths
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In the 1980s, the Supreme Court ruled that it is legal for protesters to burn the American flag. This activity counts as free speech under the Constitution. If the Court hears a new flag-burning case in this decade, should it consider changing its ruling, or should it follow precedent? Is following past precedent something that seems sensible to you: always, usually, sometimes, rarely, or never?
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At the time of this writing, voters are particularly disgruntled. A good many people seem to be disgusted with government. For this question, we intentionally avoid distinguishing between Democrats and Republicans, and we intentionally do not name any particular President. Consider the following statements, and consider the degree to which you agree or disagree: • I believe that members of Congress usually try to do the right thing for America. • I believe that Presidents usually try to do the right thing for America. • I believe that Supreme Court justices usually try to do the right thing for America.
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What part of the Constitution addresses the most basic liberties? (a) Article I (b) Article II (c) Article III (d) Amendments
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Union organizers at a hospital wanted to distribute leaflets to potential union members, but hospital rules prohibited leafleting in areas of patient care, hallways, cafeterias, and any areas open to the public. The National Labor Relations Board, a government agency, ruled that these restrictions violated the law and ordered the hospital to permit the activities in the cafeteria and coffee shop. What kind of law was it creating? (a) A statute (b) Common law (c) A constitutional amendment (d) Administrative regulation
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As "The Oculist's Case" indicates, the medical profession has faced a large number of lawsuits for centuries. In Texas, a law provides that, so long as a doctor was not reckless and did not intentionally harm a patient, recovery for "pain and suffering" is limited to $750,000. In many other states, no such limit exists. If a patient will suffer a lifetime of pain after a botched operation, for example, he might recover millions in compensation. Which rule seems more sensible to you - the "Texas" rule or the alternative?
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When should a business be held legally responsible for customer safety? Consider the following statements, and consider the degree to which you agree or disagree: • A business should keep customers safe from its own employees. • A business should keep customers safe from other customers. • A business should keep customers safe from themselves. (Example: an intoxicated customer who can no longer walk straight.) • A business should keep people outside its own establishment safe if it is reasonable to do so.
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The United States Constitution is among the finest legal accomplishments in the history of the world. Which of the following influenced Ben Franklin, Thomas Jefferson, and the rest of the Founding Fathers? (a) English common-law principles (b) The Iroquois's system of federalism (c) Both A and B (d) None of the above
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Before becoming a Supreme Court justice, Sonia Sotomayor stated in a speech to students: "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." During her Senate confirmation proceedings, this statement was heavily probed and criticized. One senator said that the focus of the hearings was to determine whether Judge Sotomayor would "decide cases based only on the law as made by the people and their elected representatives, not on personal feelings or politics." (Sotomayor convinced many of her critics, because the Senate confirmed her by a vote of 68-31.) Should judges ignore their life experiences and feelings when making judicial decisions?
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In his most famous novel, The Red and the Black , the French author Stendhal (1783- 1842) wrote: "There is no such thing as 'natural law': this expression is nothing but old nonsense. Prior to laws, what is natural is only the strength of the lion, or the need of the creature suffering from hunger or cold, in short, need." What do you think? Does legal positivism or legal realism seem more sensible to you?
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