Question

• Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has "unambiguous proof" that Casey is guilty. Which of the following is most likely true?

  The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof. Casey need not worry about the plaintiff's evidence, since parties tend to boast about the level of proof they can establish anyway. If the plaintiff does have unambiguous evidence that meets a "clear and convincing" burden of proof, Casey will most likely be found guilty. If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted.

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  After a tragic event in which an armed intruder storms into a mall and fatally shoots several people, the city of Belmonte institutes a law that prohibits any form of weapon in public retail establishments. This reaction would be an example of following which school of jurisprudential thought?

  Legal Realism Irrational Forces Natural Law Historical Sociological

Answer 1

1. D. If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted.

It is more likely to true If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted..

2. B. Irrational forces.

This is an example of irrational forces school of jurisprudential thought. It provide the law that result of societal reactions to unique events and is not founded upon reason.

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