Amendment constutional protection

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Reference no: EM131738122

1. The two case Arizona v. Gant and Kentucky v. King illustrate how the courts apply which 4th Amendment constutional protection? How were each of the cases decided? What was the main factor giving the two different results?

2. You have invented a new machine that makes bicycle tires and you would like to obtain some sort of protection from the federal government for your design. Explain what type of protection is most appropriate, what procedure you must follow to obtain that protection, what the requirements for it are, when the protection becomes effective and how long it will be valid.

3. If a person kidnaps someone in California and takes that victim into Arizona, he has committed a crime under Arizona, California and federal law. May the accused be tried more than one time for this crime? Why or why not? What constitutional protection is involved?

4. Why were the plaintiffs in Walmart Stores Inc. v. Dukes trying to sue Walmart? Were they successful in their request to proceed as a class action lawsuit? Why or why not?

5. Zippo Manufacturing v. Zippo Dot Com is an important case in the area of jurisdiction in cyberspace. What three standards did the court set in that case?

6. What is the main difference between a motion for summary judgment and a motion for judgement on the pleadings?

7. Explain the doctrine of stare decisis

8. The crime of _____________________________ is the fraudulent conversion of property by a person to whom that property was entrusted. (fill blank)

9. Law that results from the decisions made in previous court cases is called ____________________________ law

10. A person may not be required to be a witness against himself or herself in a criminal case because of what 5th Amendment protection?

11. The president or state governor may issue a(n) _______________________ that has the force of law

12. If both state courts and federal courts have jurisdiction to hear a case this is called __________________ jurisdiction.

13. The process by which a competitor may legally discover a trade secret like the recipe for the batter used on the Colonel's Original Recipe Kentucky Fried Chicken is called.

Reference no: EM131738122

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