Chat with AIExam 3: The Court System
The U.S.Constitution provides that any party to a civil lawsuit has a right to a trial by jury in all cases at law "where the value in controversy shall exceed $20." What was the reason for providing a minimum dollar limitation? Is the purpose still served? Discuss the implications of providing rights tied to dollar amounts specified in a constitution.
(27) 
VerifiedTwenty dollars was the stated amount in the U.S.Constitution as the amount necessary before the considerable effort and expense of a jury was deemed appropriate.The consideration was one of balance.At some point the economic loss to the individual does not require so extreme a protection from the state.Twenty dollars in 1787 was a large sum;today it won't suffice for a couple's tickets and popcorn at a first-run movie.The drafter's constitutional intent has been thwarted by erosion of the purchasing power of the dollar over the years.Thus,the original language no longer serves its purpose.Persons exercise the right to trial by jury for very trivial matters.Fixing a dollar amount in most laws,let alone constitutions,is a bad idea.Indexing for inflation or deflation will cure most problems created by establishing dollar amounts in a proposed law.For example,the original stated
amount for grand theft could fluctuate up or down,at periodic intervals,in accordance with the Consumer Price Index (CPI),calculated by the U.S.Bureau of Labor Statistics.
Trials in ancient Greece were conducted before a jury of 5 elected jurors.
(28) VerifiedFalse
The burden of proof in criminal civil case rests on the Prosecution and the preponderance of the evidence.
(25) VerifiedFalse
Which of the following are common attributes of a small-claims court?
(39) In a civil case,the plaintiff has the burden of proving the case beyond a reasonable doubt.
(38) A jury trial is usually available in cases involving equity claims.
(34) When only a federal court (not a state court)has the power to hear a case it has
(41) Penny serves David with a copy of a summons and complaint.The complaint alleges that David cheated on an examination and received an "A" in the course.Penny was in the same class and was borderline between an "A" and a "B." Because of the instructor's grading curve,David's grade pushed Penny's down and she received a "B." This lowered her grade point average and reduced her job prospects.Penny asks the court to reduce David's grade to an "F" and change her grade to an "A." In the alternative,she asks that David pay her a sum representing her reduced earning capacity for the remainder of her life.Discuss:
a.What pleadings might David file,and why?
b.What types of relief is Penny seeking? Explain?
(38) In a criminal case,discovery for the prosecution is limited because of the defendant's privilege against self-incrimination.
(35) Diversity of citizenship jurisdiction applies only if one of the parties is a citizen of another country and does not apply if the parties are from different states.
(43) A discovery tool that is useful to probe the merits of the opponent's case consisting of written questions is called a:
(34) A bankruptcy matter can be heard in either a federal or state court.
(37) Which of the following is characteristic of the civil trial process as opposed to the criminal trial process?
(29) Walter sues Jaime because Jaime failed to show up at the soccer game.In response to Walter's complaint Jaime files a demurrer.This pleading means that Jaime
(33) If both state and federal courts have the authority to hear and decide a case,the matter is said to be one of
(37) 
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