d) Neither a. nor b TRUEFALSE QUESTIONS 31. The U.S. Court of Appeals has only o

Question

d) Neither a. nor b TRUEFALSE QUESTIONS 31. The U.S. Court of Appeals has only original jurisdiction. 32 Judicial decisions are a source of law in the United States 33. Defendant's response to the plaintiff's complaint is called a "Reply." Truth is not a defense to the tort of defamation. se to the tort of battery 36. The plaintiff does not have to prove that t the defendant owed a duty of care to the intiff in a negligence lawsuit 37. Trespass to land is an intentional tort 38. Violations are the least serious crimes 39. While crimes are common law, torts are statutory 40. The main difference between theft and embezzlement is that theft is committed by someone who is entrusted with the property 41.The President of the United States appoints U.S District Court judges 42. The U.S. Constitution does guarantees a jury trial. 43. An accused person has the right not to incriminate himselfherself. 44. A motion for judgment on the pleadings may be granted when there is a dispute of facts.

Explanation / Answer

31 False

The US Court of Appeals have appellate jurisdiction

32 True

The common law depends on preceding judicial decisions

33 False

Defendant’s response to complaint is called ‘Answer’ and not ‘Reply’

34 True

Truth is absolute defense to a defamation lawsuit

35 True

Self-defense is a defense to battery charges

36 False

One of the first thing in negligence case is to prove that the defendant had a duty of care to the plaintiff

37 True

Trespassing is considered as one of the common intentional tort

38 True

Violations (or infractions) are the least serious crime

39 False

Crimes and torts can both be common law or statutory offenses

40 False

Embezzlement is the instance when a trusted person steals the property

41 False

The judges are nominated by president but are confirmed by the senate

42 True

Article III of US Constitution mentions that all trials shall be by jury

43 True

It is known as pleading the Fifth Amendment

44 False

Motion for judgement is applicable to dispute in legal interpretation but not for dispute in facts

45 False

Assumption of risk is a defense when plaintiff was aware of the risk before injury/harm

46 False

The right to counsel is provided by US Constitution in the sixth amendment

47 False

Shopkeepers can exercise “Merchant’s privilege” and make “Citizen’s arrest” to detain customer when there is a probable cause

48 True

Giving and receiving bribe is a crime

49 True

The eight amendment protects against cruel and unusual punishment, excessive fines and bails

50 False

The fourth amendment protects against unlawful searches and seizures

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