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Question
Whether a particular punishment is considered criminal or civil is largely a matter of statutory construction. What are the factors that courts use as guidelines to make a determination as to when these statutory guidelines are so punitive as to have transformed civil penalties into criminal ones?Answer
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Related questions
Q:
In Boumediene v. Bush, the Supreme Court decided that:
A.The right to habeas corpus applies only to U.S. Citizens.
B.During times of war, Congress may enact statutes to totally negate the rights of enemy combatants such as the detainees in question here.
C.Habeas corpus rights cannot be suspended until or unless a person has been proven, in court, to be an enemy combatant.
D.The writ of habeas corpus cannot be suspended because the government did not establish that the detainees access to statutory review provisions were an adequate substitute procedure for the writ.
Q:
All tax paying American citizens automatically have the right to begin any lawsuit, except for small claims actions, in federal court.
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A lawyer's first duty is to the lawyer's client.
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Historically, a jury consisted of six jurors.
Q:
The Sixth and Eighth Amendments of the U.S. Constitution guarantee the right to a jury trial in civil and criminal cases.
Q:
The judicial power of the federal courts is defined and limited by the U.S. Constitution.
Q:
According to Benjamin Cardozo, what are the forces that shape the progress of the law?
Q:
With regard to state court decisions, what is the extent of federal jurisdiction in these matters?
Q:
Congratulations!!! You have just been sworn in as a member of your states highest
Q:
Why is there a strong trend among states to require jury duty?
Q:
What percent of petitions for leave to appeal and/or petitions for certiorari are granted?
A.Less than 5%.
B.5-10%.
C.11-15%.
D.More than 15%.
Q:
Justice John Harlan, in his dissenting opinion in Republic v. Sims said each of the following except:
A.The constitution is not a panacea for every blot on public welfare.
B.The sacred duty of the court is to right wrongs and should take the lead if the other branches of government fail to act.
C.The court does not serve its high purpose when it exceeds its authority.
D.The court should not be thought of as a general haven for reform movements.
Q:
In what court are issues such as landlord-tenant disputes generally decided?
A.Appellate.
B.Supreme.
C.Small claims.
D.Certiorari.
Q:
Assume the same facts as question #47 above except that Josh lives in Delaware and Shiela lives in New Jersey. Which court(s) may she file her initial lawsuit in?
I. State trial court
II. State appellate court
III. Federal district court
A.I only.
B.I and II.
C.I and III.
D.III only.
Q:
What is meant by stakeholder theory and who are the stakeholders of a corporation?
Q:
Even with a code of ethics, why is it important for top management in a corporation to set an example for ethical conduct?
Q:
Civil rights leaders in their quest to promote civil rights and equality often held peaceful marches and non-violent sit-ins that they understood to be at times illegal. Their justification for their actions was to promote and give focus to inequities with the ultimate aim of reducing discrimination and establishing equal rights for all. Were these leaders acting ethically? Fully explain your answer citing the ethical theory you believe to apply.
Q:
When facing an ethical dilemma, what questions should you ask yourself before making a personal or business decision?
Q:
Peter is an 84 year old man with a heart condition. He has no family and minimal health insurance. He is on a fixed income and barely has enough money to survive. His doctor tells him that he needs to take a particular medicine for three months or his condition will severely worsen. The medicine will cost $450.00 and only $150.00 of the cost is covered by insurance. Peter goes to the bank and hands the teller a note saying, "give me $300.00 or I'll detonate a bomb." When Peter is later apprehended, he told the police that he stole the money to buy needed medicine. Understanding that bank robbery is a crime, is there an ethical theory that can serve to justify Peter's actions?
Q:
In many corporations, the responsibility for profit making is:
A.Centralized.
B.Structured.
C.Decentralized.
D.Monopolistic.
Q:
Opponents of the Civil Rights Act of 1964, in an attempt to prevent its passing, inserted a prohibition against ________ discrimination in employment, thinking that such discrimination was acceptable and that many others agreed with them:
A.Age.
B.Religious.
C.Sex.
D.Race.
Q:
The "veil of ignorance" means to think ethically you must:
A.Lose the assumption that what you personally want or need is necessarily morally correct.
B.Recognize that one cannot make valid ethical decisions unless they are totally unaware of the other parties involved so as to eliminate bias.
C.Recognize that one cannot make valid ethical decisions unless they are totally unaware of the circumstances leading to the ethical dilemma so as not to be influenced by unchangeable history.
D.Put yourself in the position of those affected by your decision and act as you'd have wanted them to act.
Q:
Who, among the following, does not have a duty of confidentiality:
A.An attorney.
B.A real estate broker.
C.A physician.
D.A mechanic.
Q:
Which of the following is a source of values for business ethics:
A.Legal regulation.
B.Professional codes of ethics.
C.Individual values.
D.All of the above.
Q:
Since the primary goal of business is to make a profit, this orientation mainly involves:
A.Deontology.
B.Formalism.
C.Consequentialism.
D.The lack of ethics.
Q:
The social contract theory concerns itself with how to construct a just society given the many inequalities of all of the following except:
A.Wealth.
B.Social status.
C.Height.
D.Knowledge.
Q:
Who developed the social contract theory?
A.Rawls.
B.Kant.
C.Locke.
D.Plato.
Q:
The rising concern over business ethics responds to all of the following except:
A.A decline in public education.
B.A decline in two-parent families.
C.An increase in international cartels.
D.An increase in both parents working.
Q:
For utilitarians, the end justifies the means.
Q:
Kant's emphasis on consistency is called the categorical imperative.