1. The correct answer would be option c. strict liability
2. The correct answer is option e. Nolo contendere
3. The correct answer is option a. Billy has a right to counsel
4. Based on the given scenario, the offense that Trish has committed is option c. False pretense
5. The correct answer is option d. No, because Karen is required to first file the case in the appropriate trial court
1. Strict liability refers to a legal concept where liability is imposed without the need to prove intent, knowledge, or fault on the part of the defendant. In this case, the absence of a men rea requirement in the criminal statute indicates that the act of selling cigarettes or alcohol to a minor is considered a strict liability offense
2. Nolo contendere, also known as a plea of "no contest," is a plea option in which the defendant does not contest the criminal charges but also does not admit guilt.
3. Billy has a constitutional right to counsel under the Sixth Amendment of the United States Constitution. This right guarantees that individuals facing criminal charges, whether at the state or federal level, have the right to legal representation.
4, Trish is engaging in a false pretense by deceiving Bob, Linda, and potentially others, into believing that they are purchasing magazine subscriptions from Sally when, in reality, Trish has no intention of arranging for the provision of magazines. Trish's intention is to exploit Sally's youth and odd mannerisms to obtain money for herself. False pretense refers to intentionally deceiving someone by making false representations or promises with the intent to defraud them. In this case, Trish is using Sally as a means to deceive others and obtain money under false pretenses.
5. In general, appellate courts do not hear cases at their initial stage. They are responsible for reviewing decisions made by lower trial courts. Therefore, Karen cannot start her case at the appellate court level without first filing it in the appropriate trial court. The trial court is where issues such as whether she has a claim and can act as a plaintiff would be initially decided.
Therefore the correct option for 1. is option c. 2. is option e 3. is option a. 4. is option c 5. option d
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1. A prosecutor shows a business sold cigarettes or alcohol to a minor. There is no mens rea requirement in the relevant criminal statute. This would be an example of a. criminal recklessness b. criminal negligence c. strict liability d. proof by a preponderance of the evidence e. proof by the greater weight of the evidence
2.Kathleen is charged with embezzlement. Kathleen is more worried about being sued by her former clients. Which plea would allow her to not contest the criminal charge, but not admit guilt?
a. Writ of habeas corpus b. Writ of certiorari c. Subpoena duces tecum d. Voluntary dismissal without prejudice e. Nolo contendere
3. Billy was robbed at gunpoint in a parking lot by a man wearing a mask. As the robber ran off, Billy grabbed his own gun and shot him in the leg. Billy is trying to obtain legal representation. Which
of the following is true regarding Billy's right to counsel?
a. Billy has a right to counsel. b. Billy has no right to counsel. c. Billy has a right to counsel, but only if he can establish that he has no previous criminal record. d. Billy has a right to counsel, but only because felony charges are likely involved. e. Billy has a right to counsel, but only because misdemeanor charges are likely involved.
4. Sally tries to sell magazine subscriptions to Bob and Linda. Trish, Sally's boss, is taking the money for herself, and has absolutely no intention of ever arranging for. the provision of magazines. Which of the following offenses, if any, has Trish committed? a. False entry b. Defalcation c. False pretense d. A Ponzi scheme e. False token
5. Karen says she is "completely over" COVID and mask mandates. She decides to sue Target for requiring her to wear a mask while shopping there. Karen also doesn't trust judges, so she will demand a jury. Will an appellate court initially hear Karen's case deciding issues such as whether she has a claim and can act as a plaintiff? a. Yes, but only if Karen can prove that he would have had to wait at least a year for a trial at the trial court level b. No, but only because Karen did not have a lawyer c. Yes, so long as a state trial court judge approves and certifies the case for the appellate court without holding a trial first d. No, because Karen is required to first file the case in the appropriate trial court e. No, but only because Karen can avoid the requirement to wear a mask by shopping on-line