Dr. Fong quiz #1

what burden of proof must be met to fulfill the requirements of an emergency (temporary restraining order?

preponderance of the evidence (50%+)

what burden of proof must be met to fulfill the requirements of a permanent restraining order?

clear and convincing evidence (80%)

does being tried in a civil case at the same time as a criminal case count as double Jeopardy?

No, civil and criminal law are two entirely different bodies of law

what is also known as the civil rights act of 1871?

42 U.S.C. & 1983

42 U.S.C. & 1983 is the most frequently-invoked law in what type of civil litigation?

police excessive use of force

the major reason for filing a civil claim under 42 U.S.C. & 1983 that the plaintiff does not have to share his/her award with his/her attorney as the attorney will be paid by the losing party, the amount of which to be determined by the judge under what act?

Civil Rights Attorney’s Fees Award Act of 1976

Under what doctrine is it explained why criminal cases in California are titled as “The People of the State of California vs. The defendant”?

the Social Contract Doctrine states that an act in violation of the penal code is an act against the whole society (40 million Californians)

Can a county sheriff’s office successfully appeal a case where they must pay damages to a victim in a civil lawsuit?

They are exempt from having to pay punitive damages for public employees but they still must pay compensatory damages

Mary Sue is convicted of grand theft by false pretenses (1 million from 5 investors) under penal code section 532 PC (defining theft by false pretenses) combined with penal code section 487 PC for value) at the Superior court of the state of California for the county of Kern. she is sentenced to serve a 3 year prison term at the California department of corrections and rehabilitation, what does her conviction mean?

mary sue may not have actually committed grand theft by false pretenses in the amount of 1 million but the prosecution was successful in proving each element of the charge offenses beyond a reasonable doubt

What is the legal guidepost issued by the United States supreme court in BMW of North America, inc. v. gore

the son of a smoking victim sues a tobacco company and a jury agrees to award the estate 1.95 million for compensatory damages but refuse to award any amount in punitive damages. he appeals citing abuse of jury discretion as the reason. how likely is he to succeed in his appeal?

The appellate court will definetely affirm the jury’s decision