Question

In: Operations Management

1. Maureen lives in Washington State. She went to California on a vacation, and went to...

1. Maureen lives in Washington State. She went to California on a vacation, and went to a movie theater with a friend while she was there. She was injured due to the movie theater's negligence in not maintaining properly a carpeted stairway inside the theater. California is the state of incorporation and principal place of business for the owner of the business (George W. Bush Enterprise, Inc.). For this discussion consider George W. Bush Enterprises, Inc. a “person”.

Maureen’s injuries amount to about $80,000 in lost wages and medical bills (not counting pain and suffering). Maureen should be able to have her case against George W. Bush Enterprises, Inc., decided in a US District Court, based on complete diversity of citizenship. T or F

2. In order for a trial court to hear a criminal case the court must have subject matter jurisdiction and the legal authority to require the defendant to stand trial? T of F

3.The legal term for the questioning of potential jurors, to try to determine if they will be impartial toward each of the parties to a lawsuit is:

a. Interrogatories

b. Oral arguments

c. Precedent

d. Certiorari

e. Voir dire

4.  Discovery in a civil trial includes the use of interrogatories and requests for production? T or F

5. A lawyer may waive his/her attorney-client privilege? T or F

6. The "burden of proof" in a criminal case rests on the government to show that a defendant is guilty. If the government cannot prove its case “beyond a reasonable doubt” then the jury must determine that defendant is “not guilty.” T or F

7.

The Washington State Supreme Court (the highest court in the Washington state system) makes a decision based on the facts of a particular case. Lower state courts that are within the State of Washington must follow the legal rule laid down by that high court. This is the concept known as:

a. President

b. Precedent

c. Prescient

d. Presentence

e. Presence

1. Maureen lives in Washington State. She went to California on a vacation, and went to a movie theater with a friend while she was there. She was injured due to the movie theater's negligence in not maintaining properly a carpeted stairway inside the theater. California is the state of incorporation and principal place of business for the owner of the business (George W. Bush Enterprise, Inc.). For this discussion consider George W. Bush Enterprises, Inc. a “person”.

Maureen’s injuries amount to about $80,000 in lost wages and medical bills (not counting pain and suffering). Maureen should be able to have her case against George W. Bush Enterprises, Inc., decided in a US District Court, based on complete diversity of citizenship. T or F

2. In order for a trial court to hear a criminal case the court must have subject matter jurisdiction and the legal authority to require the defendant to stand trial? T of F

3.The legal term for the questioning of potential jurors, to try to determine if they will be impartial toward each of the parties to a lawsuit is:

a. Interrogatories

b. Oral arguments

c. Precedent

d. Certiorari

e. Voir dire

4.  Discovery in a civil trial includes the use of interrogatories and requests for production? T or F

5. A lawyer may waive his/her attorney-client privilege? T or F

6. The "burden of proof" in a criminal case rests on the government to show that a defendant is guilty. If the government cannot prove its case “beyond a reasonable doubt” then the jury must determine that defendant is “not guilty.” T or F

7.

The Washington State Supreme Court (the highest court in the Washington state system) makes a decision based on the facts of a particular case. Lower state courts that are within the State of Washington must follow the legal rule laid down by that high court. This is the concept known as:

a. President

b. Precedent

c. Prescient

d. Presentence

e. Presence

Solutions

Expert Solution

Answer 1: True

In order for diversity jurisdiction to apply, complete diversity is required, where none of the plaintiffs can be from the same state as any of the defendants.

Answer 2: True

Answer 3: Option e, Voir dire

Voir dire is the process used by the parties to select a fair and impartial jury. During voir dire, the jury panel is questioned by both parties' lawyers. The questions are intended to help the lawyers in the jury selection process.

Answer 4: True

Discovery enables the parties to know before the trial begins what evidence may be presented. It is a pre-trial procedure in a lawsuit in which each party can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production.

Answer 5: True.

One doesn’t have to pay any money to establish an attorney-client privilege. All you have to do is ask an attorney for advice in a confidential setting.

Answer 6: False

In criminal cases, the burden of proving the defendant's guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt.

Answer 7: option b, Precedent

A precedent is a statement made by a Judge in deciding a case. The doctrine states that a decision by a superior court will be binding on inferior courts.


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