Final Exam Final Quiz Multiple choice Quiz Exam 1 1) George‚ an employee‚ breaches a fixed-term employment contract by quitting before the end of the term. What can his employer‚ MNO Inc. recover as damages? A. All amounts already paid to the employee under the contract. B. The costs of hiring a replacement employee plus any increase in salary paid to the replacement employee. C. Nothing‚ because courts do not order anyone to perform a job against his
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D. are liable for all the obligations of their partnership 6) Which of the following forms of alternative dispute resolution allows both parties to see the strengths and weaknesses of both sides of the case through the presentation of evidence? B. Minitrial 7) A ___________ is a court-appointed party who conducts a private trial and renders a judgment. C. judicial referee 8) What is a form of alternative dispute resolution that is often used when the parties involved
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Why are Americas rules of evidence more restrictive than those established by other countries? America’s rules of evidence are more restrictive because unlike some countries we have Constitutional protections that safeguard individual rights. An example of this would be the Supreme courts determination that a state rule requiring that a defendant wanting to testify in a criminal case must do so before the admission of any other defense testimony is a violation of the Fifth and Fourteenth Amendment
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Administrative Law‚ Trimester 2‚ 2012 Assignment Question „[The] statutory “no evidence” ground of judicial review is both wider and more specific than was the case with “no evidence” grounds for judicial review at common law.‟ Justice Kirby‚ Minister for Immigration and Multicultural Affairs v Rajamanikkam [2002] 210 CLR 222‚ at [111]. Of the judgments in Rajamanikkam‚ which do you prefer‚ and what justification can you provide for your preference? In answering the question‚ you should read the
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A SUMMARY OF THE RULES OF EVIDENCE: THE ESSENTIAL TOOLS FOR SURVIVAL IN THE COURTROOM By Vincent DiCarlo TABLE OF CONTENTS I. Introduction II. The Four Types of Evidence III. General Rules of Admissibility IV. Real Evidence V. Demonstrative Evidence VI. Documentary Evidence VII. Testimonial Evidence VIII. Form of Examination IX. The Lay Opinion Rule X. Accrediting and Discrediting a Witness XI. Character Evidence XII. The Rule Against Hearsay XIII. Privileges
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Federal Rules of Evidence April 03‚ 2011 (1) In determining testimony‚ documents‚ and tangible objects‚ the judge or jury will rely on the Federal Rules of Evidence and/or applicable state rules of evidence. There are eleven specific functions‚ qualifications‚ and categories of evidence that make up the Federal Rules of Evidence. These eleven sections cover the following: 1. General provisions 2. Judicial notice 3. Presumptions in civil actions and proceedings 4. Relevancy
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4 1. Summarize the Federal Rules of Evidence in your own words. The Federal Rules of Evidence (F.R.E.) enacted in 1975 and replaced prior centuries of various and sundry judge made caselaw. The F.R.E. is a complex set of statutes or penal codes legislated with the intent of replacing unfair evidentiary submission and/or unnecessary expense and delay among the courts. The basic concept behind the F.R.E. is the need for a consistent and predictable federal rule set that would promote fairness
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Federal Rule of Evidence 403 says‚ “The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice‚ confusing the issues‚ misleading the jury‚ undue delay‚ wasting time‚ or needlessly presenting cumulative evidence” (2015). A defense attorney could utilize Motion in limine to request that the judge rule that certain testimony be excluded. The motion is always discussed outside the presence of the jury and is
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Rules of Evidence: “Find It‚ Lose It‚ Move It” When thinking about how answers come about when dealing with science‚ one would think that facts are what scientists are looking for. That is a misconception because science deals with evidence not facts. It could take days or it could take years to find the evidence that makes the product true. There are three main types of evidence. The three main types of evidence that are accepted when trying to figure out a gene’s function are correlative evidence
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complicated definition compared to the use of the word in everyday language. In matters of the law‚ the definition of hearsay is rather technical‚ and is defined by the Federal Rules of Evidence as “a statement that (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement.” F.R.E 801 (c) (1) (2). In regard to the case in question‚ Mr. Cooper was tried and charged with the robbery of Ms
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