40. As respects the Federal Sentencing Guidelines, in 2016 they are: . a. Bindin
ID: 456378 • Letter: 4
Question
40. As respects the Federal Sentencing Guidelines, in 2016 they are: .
a. Binding on the federal trial court judges.
b. They are not binding on federal trial court j
c. udges, and most federal trial court judges do not even consider them.
d. They are not binding on federal trial court judges, but most federal trial court judges follow them.
42 Bob and Carol sign up for a romantic dinner cruise of the San Francisco Bay on a large commercial yacht. While Bob and Carol – and all the other customers – are eating dinner, the yacht bangs into another boat. Carol is thrown to the deck, breaking her wrist. She sues. At trial, which one of these issues is likely to be the most important?
a.
Whether the yacht company had permission to take Carol on the cruise.
b.
Whether the yacht company improperly restrained Carol.
c.
Whether Carol feared an imminent injury.
d. Whether the yacht’s captain did a reasonable job of driving the yacht.
Whether Carol had filed similar lawsuits in the past.
43. When Ms. Palsgraf sued the railroad company, New York’s highest court ruled that the railroad company’s employees should have foreseen what might go wrong.
True b. False
.
44. Betty loves baseball, especially the Oakland Athletics! She sees about 20 games every season at the Coliseum. During one game, a batter for the Chicago White Sox hit a wicked line drive foul ball – it hit Betty in the head Betty was sitting behind third base). Betty suffered serious injuries. Now, Betty is suing the Athletics. Betty will win.
a. T b. F
.
45. Zuckerman’s- a fine dining restaurant in Duluth, Minnesota - holds an ice-fishing contest on a frozen lake to raise money for traffic accident victims (there are many traffic accidents in Minnesota, especially during the winter months). Ted grabs a can full of worms and strolls to the middle of the lake to try his luck, but slips on the ice and suffers a concussion. When he returns to consciousness, Ted should not bother filing a lawsuit against Zuckerman’s – if he does, he is he is going to lose..
a.
True
b.
False
42 Bob and Carol sign up for a romantic dinner cruise of the San Francisco Bay on a large commercial yacht. While Bob and Carol – and all the other customers – are eating dinner, the yacht bangs into another boat. Carol is thrown to the deck, breaking her wrist. She sues. At trial, which one of these issues is likely to be the most important?
a.
Whether the yacht company had permission to take Carol on the cruise.
b.
Whether the yacht company improperly restrained Carol.
c.
Whether Carol feared an imminent injury.
d. Whether the yacht’s captain did a reasonable job of driving the yacht.
Whether Carol had filed similar lawsuits in the past.
43. When Ms. Palsgraf sued the railroad company, New York’s highest court ruled that the railroad company’s employees should have foreseen what might go wrong.
True b. False
.
44. Betty loves baseball, especially the Oakland Athletics! She sees about 20 games every season at the Coliseum. During one game, a batter for the Chicago White Sox hit a wicked line drive foul ball – it hit Betty in the head Betty was sitting behind third base). Betty suffered serious injuries. Now, Betty is suing the Athletics. Betty will win.
a. T b. F
.
45. Zuckerman’s- a fine dining restaurant in Duluth, Minnesota - holds an ice-fishing contest on a frozen lake to raise money for traffic accident victims (there are many traffic accidents in Minnesota, especially during the winter months). Ted grabs a can full of worms and strolls to the middle of the lake to try his luck, but slips on the ice and suffers a concussion. When he returns to consciousness, Ted should not bother filing a lawsuit against Zuckerman’s – if he does, he is he is going to lose..
a.
True
b.
False
Explanation / Answer
40) A
42)All the Issues are important for the speedy Trial of the Case However Issue d is very important to solve the case.
43) A
44)B
45)A
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