subject: business law Must the judge in a civil suit impose the jury\'s verdict
ID: 380941 • Letter: S
Question
subject: business law
Must the judge in a civil suit impose the jury's verdict as the judgment in the case?
Question 50 options:
Yes. The jury is the "finder of fact" and its verdict is binding on the court.
Yes, although the judge may raise or lower any monetary awards recommended by the jury if he or she believes the award in unreasonable.
No. The judge decides the case. The jury's verdict is just advisory.
No. The judge can enter a Judgment NOV if he or she believes the jury's verdict is in error.
No. But if the judge disagrees with a jury's he must order a new trial rather than entering a judgment.
Ann Agent is acting on behalf of a disclosed principal. She will not be liable to the third party if she:
Question 46 options:
Signs a negotiable instrument in her own name and does not indicate that she is acting as an agent.
Commits a tort in the course and scope of discharging her duties.
Is acting in the course and scope of employment.
Lacks specific express authority but is acting within the scope of her implied authority.
Is acting for a non-existent principal that subsequently comes into existence after the agent's conduct occurs and ratifies the conduct.
What is required in order to establish a prima facie contract?
Question 44 options:
There must be a bona fide offer.
There must be a bona fide acceptance.
There must be consideration, a mutually agreed upon exchange of value between the parties.
All of the above are required.
All of the above are required, and must be evidenced in a written and signed agreement.
Yes. The jury is the "finder of fact" and its verdict is binding on the court.
Yes, although the judge may raise or lower any monetary awards recommended by the jury if he or she believes the award in unreasonable.
No. The judge decides the case. The jury's verdict is just advisory.
No. The judge can enter a Judgment NOV if he or she believes the jury's verdict is in error.
No. But if the judge disagrees with a jury's he must order a new trial rather than entering a judgment.
Ann Agent is acting on behalf of a disclosed principal. She will not be liable to the third party if she:
Question 46 options:
Signs a negotiable instrument in her own name and does not indicate that she is acting as an agent.
Commits a tort in the course and scope of discharging her duties.
Is acting in the course and scope of employment.
Lacks specific express authority but is acting within the scope of her implied authority.
Is acting for a non-existent principal that subsequently comes into existence after the agent's conduct occurs and ratifies the conduct.
What is required in order to establish a prima facie contract?
Question 44 options:
There must be a bona fide offer.
There must be a bona fide acceptance.
There must be consideration, a mutually agreed upon exchange of value between the parties.
All of the above are required.
All of the above are required, and must be evidenced in a written and signed agreement.
Explanation / Answer
1. Must the judge in a civil suit impose the jury's verdict as the judgment in the case?
ANSWER -
No. But if the judge disagrees with a jury's he must order a new trial rather than entering a judgment.
JUSTIFICATION -
In a trial, the judge and jury both have different parts to play.
Role of Jury - The jury listens to the case and examines the evidences and on the basis of evidences, it decides who and what to believe. It is the jury who decides whether the accused is guilty or not. The role of jury comes to an end after it reaches to a verdict about the accused, about he/ she is guilty or not.
Role of Judge - The judge has to remain present through out the hearing of the case and make sure that proper procedure is being followed as per law with regard to the case specifications. It is the duty of the judge to decide the appropriate sentence for the accused if he / she is found guilty by the jury.
A judge may only throw out guilty verdicts. He may never overrule a jury that acquits a defendant and then himself declare the defendant guilty. ... Alternatively, ajudge can throw out a verdict for any mistake or malfeasance that might prompt a higher court to overturn it.
2. An Agent is acting on behalf of a disclosed principal. She will not be liable to the third party if she:
ANSWER - Is acting in the course and scope of employment.
JUSTIFICATION -
The principle of agency is a kind of contract under which one person acts on behalf of another, the former is termed as agent and the latter as the principal. This principal acts through the agent for his dealings and transactions with the third party. It depends upon which clauses have been entered into the agreement while entering into this relationship by the agent and the principal. It may be so that the agent clearly has to bind himself and appear as principal in front of the third party or as per the terms mutually agreed upon. However, the law does not completely exempt such undisclosed principal and imposes certain duties and liabilities in case of default and also guarantees certain rights to him.
1. An agent who enters into a contract with the third party without disclosing that he is entering on behalf of the principal, shall be liable to the third party;
2. If the agent disclosed the name of his agency and principal, disclosed principal, at the time of entering the agreement with the third party, then he will not be held liable for any commitments / agreements undertaken with the third party as that is within the limits and scope of his authorized agency.
3. What is required in order to establish a prima facie contract?
ANSWER - All of the above are required, and must be evidenced in a written and signed agreement.
JUSTIFICATION -
Prima facie is a latin phrase which means first encounter.
In common law jurisdictions, prima facie denotes evidence that would be sufficient to prove a particular case in a justified manner, undisputably.
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