Вопросы по дисциплине:
Судебные акты в гражданском процессе
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| № | Вопрос | Действия |
|---|---|---|
| 661 | Read the dialogue and answer the question. There's only one correct answer. Judge Smith: The defendant, Mark Jones, is accused of robbery with violence and possession of a dangerous weapon. How does he plead? Mark's Lawyer: Not guilty, your honor. My client had no part in the crime that occurred on the night of May 17th. We have evidence to prove his innocence. Prosecution Lawyer: Your honor, we have witnesses who saw Mr. Jones at the scene of the crime and DNA evidence linking him to the weapon used. Judge Smith: Interesting. Let us hear from the witnesses then. Witness 1: Yes, I saw the defendant wearing a black hoodie and holding a knife as he threatened the victim for her purse. Witness 2: And I remember seeing him run away from the scene with another person. They both had masks on. Judge Smith: Thank you for your testimonies. Are there any other pieces of evidence? Prosecution Lawyer: As mentioned earlier, DNA evidence has been found on the weapon that matches the defendant's. Mark's Lawyer: Your honor, our client works as a chef and it's possible that his DNA was transferred onto the weapon innocently while working in the kitchen. He had no motive or reason to commit this crime. Judge Smith: I see. Bailiff, please bring in the forensic report. It appears that the DNA evidence could have been innocently transferred. Therefore, I'm declaring the defendant, Mark Jones, not guilty. This court is adjourned. Question: What crimes is Mark Jones accused of? | Открыть |
| 662 | Read the text below and answer the question. There's only one correct answer. Text: Emily is a law student who has just completed a module on the initiation of legal actions in England and Wales. She is particularly interested in understanding the differences between starting a civil action and starting a criminal action. After reviewing her notes, she comes across the following statements regarding the processes involved. Question: In England and Wales, which document is typically used to initiate a civil action in the High Court or County Court? | Открыть |
| 663 | Read the dialogue and answer the question. There's only one correct answer. Carly: So you filed a claim against them after all? Max: Yes, I had to. It was the only way to get what they owed me. And I couldn't just let it go and not do anything about it. Carly: Right, but isn't going to court going to be expensive? Max: It's worth it for what they did to me. Plus, there are legal aid services available if I need help with expenses. Carly: That's true. But don't you have to prove your claims in order to win the case? Max: Of course. They have to have merit and be based on solid evidence or proof. Luckily, I have everything organized and ready to present. Carly: Good for you. Do you think their defense will hold up in court? Max: Honestly, I'm not too worried about that. Their argument is pretty weak and easily disproven. My lawyer has already pointed out some holes in their defense. Carly: You hired a lawyer? How much does that cost? Max: Not nearly as much as I thought it would be. There are different options depending on your financial circumstances. Plus, my lawyer is confident we'll win this case. Carly: Wow, okay. So how does the jury pick process work? Max: Well, the judge oversees it and makes sure both sides agree on the jurors selected. The people chosen must listen to all the facts presented before deciding whether the defendant is guilty or not. Carly: Interesting. What happens after the court proceedings? Max: Once the trial concludes, the judge gives instructions to the jury and they deliberate the case. Then, when the verdict is announced by the foreperson, the official record of the trial is recorded by the court reporter. Carly: Got it. So who else is involved besides the judge, lawyers, and jury? Max: Well, there can also be interpreters for non-English speaking witnesses or defendants. And of course, the parties directly involved in the case - the plaintiff and defendant. Carly: Hmm, okay. It seems like a complicated process, but hopefully justice will prevail in your case. Max: Thank you, I'm really hoping so. I just hope the judge and jury see the truth and the wrong that has been done. Question: Who oversees the jury selection process? | Открыть |
| 664 | Read the text below and answer the question. There's only one correct answer. Text: Emily is a professional photographer who rents a studio space in a busy downtown area. One day, while she is setting up for a photoshoot, a heavy sign from an adjacent building falls and injures her. The sign was not properly secured, and Emily learns that the building owner had received complaints about it being loose but had not taken any action to fix it. Emily decides to file a lawsuit against the building owner for her injuries. Question: What legal principle is at play in Emily's case when she decides to sue the building owner for her injuries? | Открыть |
| 665 | Read the dialogue and answer the question. There's only one correct answer. Mike: Hey, Karen! What are you studying now? Karen: Law. The law of tort to be specific. Mike: Sounds boring. Karen: Well, maybe it's not the most thrilling subject, but it's important in understanding legal responsibility for harm caused by one person to another. Mike: Like, if someone slips and falls on your property and gets injured? Karen: Yes, that would fall under negligence, a type of tort. It involves proving that someone failed to take reasonable care and caused harm as a result. Mike: So if I spill coffee all over my neighbor's expensive couch, could they sue me for damages? Karen: Absolutely. That would be an intentional tort, where someone deliberately causes harm or damage to another person or their property. Mike: Wow. You really know your stuff. Karen: Thanks. I find it interesting how complex and varied the laws of tort can be. Mike: Do you think you'll specialize in this area after law school? Karen: Maybe. But there are also other areas of law that interest me too, so I'm still keeping my options open. Mike: Well, whatever you decide, I have no doubt you're going to make a great lawyer. Now let's go grab some lunch before my stomach commits an intentional tort against me. Karen: Haha, sounds good. Let's go! Question: How does Karen feel about specializing in tort law after law school? | Открыть |
| 666 | Read the text below and answer the question. There's only one correct answer. Text: James owns a small bakery in a residential neighborhood. One day, he decides to install an outdoor seating area for customers. To create the seating area, he places several tables and chairs on the sidewalk directly outside his shop. However, James does not leave enough space for pedestrians to pass comfortably. A neighbor, Sarah, complains that she has to walk into the street to get around the seating area, which is dangerous, especially with heavy traffic. After a few weeks, Sarah trips over one of the chairs that has been pushed out onto the sidewalk and injures her ankle. She decides to take legal action against James. Question: What legal principle is primarily at play in Sarah's case when she decides to sue James for her injury? | Открыть |
| 667 | Read the dialogue and answer the question. There's only one correct answer. Kelly: Wow, that's a lot of information on tort law. Did you understand all of it? Mark: Honestly, most of it went over my head. I'm still trying to wrap my head around the concept of negligence. Kelly: I remember studying this in college. Negligence is when someone breaches their duty of care and causes harm to another person, right? Mark: Yeah, that sounds about right. But there are also certain defenses available in cases of negligence. Like for psychiatric injury or economic loss. Kelly: Wait, so can anyone sue for those things under the premise of negligence? Mark: Not necessarily. The courts use a three-step test to determine if there is a duty of care owed by the defendant to the victim. Kelly: Ah, I see. So basically, the first step is proving that the harm was reasonably foreseeable? Mark: Exactly. And then the second step looks at the relationship between the two parties - whether it's one of proximity or not. Kelly: And finally, the third step considers if it would be fair and just to hold the defendant liable for their actions. Mark: Right. It seems like the case of Caparo Industries Plc v Dickman was a turning point in establishing this threefold test. Kelly: Yeah, it definitely set a precedent. But I can imagine it must have been challenging determining liability in a complex situation like that. Mark: Definitely. And with the ever-changing laws and legal systems, it's important to constantly stay informed and educated. Question: What are some defenses available in cases of negligence? | Открыть |
| 668 | Read the text below and answer the question. There's only one correct answer. Text: Emily is a law student in England who is interested in pursuing a career in the legal profession. She is trying to understand the differences between barristers, solicitors, and judges. Recently, she attended a seminar where different legal professionals spoke about their roles. After the seminar, Emily has a few questions regarding who does what in the legal system. Question: Which of the following statements correctly describes the role of a barrister in England? | Открыть |
| 669 | Read the text below and answer the question. There's only one correct answer. Text: James is a university student studying law in England. He is particularly interested in understanding the differences between civil and criminal courts, as well as the structure of the legal system, including appeals and tribunals. After attending a guest lecture on the topic, he reflects on the advantages of having a case head in the Crown Court and how appeals work. Question: Which of the following statements correctly describes an advantage of having a case head in the Crown Court? | Открыть |
| 670 | Судебный … – это процесс, в рамках которого вышестоящий суд проверяет законность и обоснованность судебных решений нижестоящих судов, обеспечивая тем самым соблюдение единообразия и стабильности в правоприменительной практике | Открыть |