Question

In: Operations Management

24) In a ciriminal case, the plaintiff must prove the case by the preponderance of the...

24) In a ciriminal case, the plaintiff must prove the case by the preponderance of the evidence

True

False

25) The President of the United States

a.

creates federal common law

b.

oversees administrative agencies

c.

determines the constitutionality of statutes

d.

passes statutes

27) The President of the United States

a.

creates federal common law

b.

oversees administrative agencies

c.

determines the constitutionality of statutes

d.

passes statutes

28) Punitive damages are intended to:

a.

compensate the plaintiff for medical expenses

b.

compensate the plaintiff for lost earnings

c.

pay the plaintiff for pain and suffering

d.

punish the defendant

29) The three branches of government in the United States are the:

a.

executive, legislative and administrative

b.

executive, legislative and statutory

c.

executive, legislative, and judicial

d.

executive, legislative and international

30) Promissory estoppel can be a substitute for consideration.

True

False

Solutions

Expert Solution

24) True

In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence. A "preponderance of the evidence" and "beyond a reasonable doubt" are different standards, requiring different amounts of proof. In a ciriminal case, the plaintiff must prove the case by the preponderance of the evidence.

25) and 27) oversees administrative agencies

The President of the United States has no explicit law-making power. Court determines the constitutionality of statutes via judicial review and not the president. the president oversees many of the administrative agencies. similarly he cannot pass the statues.The President has the power either to sign legislation into law or to veto bills enacted by Congress, although Congress may override a veto with a two-thirds vote of both houses

28) punish the defendant

Compensatory damages are intended to cover the plaintiff's actual monetary losses while punitive damages are meant to punish the defendant's behavior and to deter the defendant and others from committing similar acts again.

29) The US Constitution mentions only three branches of government: legislative, executive, and judicial (Articles I, II, and III).

30) True

Promissory estoppel operates to ensure a party does not go back on their promise when another party has relied upon that promise. Clearly, consideration relates to the exchange of promises, therefore it becomes an extremely useful tool in providing a remedy for aggrieved parties.


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