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원선판결을 파기한다.
==연습문제==
===1===
했 Fil1 the blanks with the most suitable answer for each statement.
1. is the part of the court’s decision that was not necessary to the court’s
resolution of the issue before.
2. ( is the notion that prior court decisions must be recognized as
precedents.
3. ( ) are chronologica* compilation of al* laws enacted by a legislature in
a particular legislative session.
4. ( is a jury’s finding or decision on the factua* issues of a case.
5. ( is the opmlOn of al* members of the court rather than a pane* of
judges sitting together to hear a particular case.
6. ( is one of a number of influentia* treatises, published by the
American Law Institute, describing the law in a particular its development.
7. ( is a binding judgement in favor of the plaintiff when the defendant
has not responded to a summons or has failed to appear before a court.
8. ( is fact-finding process that are engaged in by al* parties.
9. ( is the act of entering into a lawsuit by a third party who, despite
not being named a party to the action, has an interest in the outcome.
혔 Check T(true) or F(false) in the blank for each statement
10. Issues relating to jurisdiction and venue must always be considered before
instituting a lawsuit. ( )
11. Rider is generally attac、hed to bil* or resolution with the specific purpose of
coercing opponent to favor pé* :ssage ()f the bil* or resolution. (
12‘ Reply may bc made by plaintiff without permission of the court.(
13. Counterclaim is the claim by one party against a co-party.(
14. Improper venue is the one of the grounds upon which dismissa* my be had. (
15. In advance to jury charge, parties are not allowed to submit proposed
instructions. (
16. U. S. Supreme Court generally hears appeals from highest state courts. (
===Answers===
1. Dictum
2. Stare decisis
3. Session laws
4. Verdict
5. En banc opmlOn
6. Restatement
7. Default judgement
8. Discovery
9. Intervention
10. T
11. T
12. F
13. F
14. T
15. F
16. F
===Questions(Lecture 2)===
했 Fil* blanks with the most suitable words
l. ( is the introductory part of a court paper stating the names of the parties,
the name of the court, the docket or file number, and the title of the action.
2. ( ) tells you what action the court is taking with the case
3. ( ) means the lega* question the court must resolve
4. ( ) reveals the name of the court, the law book in which the opm\On
was published, and the year in which the court decided the case
5. ( is the court’s determination of a matter of law based on the issue
presented in the particular case.
6. ( is a opinion by a judge who would have reached the same result as the
majority, but for a difference reason.
혔 Check T(true) or F (false) in the blank for each statement
7. Name of the judge who authored the opm\On is written at the end of the main
opinion.(
8. The cases that are published in books called reporters.(
9. Defendants are usually the first party in a caption.(
10. Reasoning includes the court's discussion policy.(
1l. Holding is the rule of law.( )
12. Dispositions in crimina* cases include affirmed, reversed and remanded.
===Answer(Lecture 2)===
1. Caption
2. Disposition
3. Issue
4. Case citation
5. Holding
6. Concurring opmlOn
7. F
8. T
9. F
10. T
11. F
12. T
===Question( Lecture 3)===
했 Fil* blanks with the most suitable words for each statement
1. ( Intention of the accused to commit a crime and a substantia* step toward
ltS commlSSlon.
2. ( A rule in some states mandating that a11 participants in a dangerous
felony are guilty of murder in the first degree if a ki11ing occurs during its
commlsslon.
3. ( the crime of maliciously injuring a person’s body, especia11y so as to
impair or destroy the victim’s capacity self defense.
4. ( the crime of stealing from another with the intent to deprive the owner
of it permanently.
5. ( Any threat of, or actua* , physica* harm that deprives a person of the
freedom of wi11 to choose and decide.
6. ( a law that limits the ability of a crimina* offender to receive profits from
the recounting of his or her crime.
7. ( An accusation of a crimina* offense. A forma* crimina* charge filed by a
prosecutor without the aid of the grand jury.
8. ( The administrative practice that occurs when an arrested person is brought
to a police station fo11owing arrest but before incarceration in jail.
9. ( to be forma11y charged with a crime in a court of law and to make a plea.
The initia* step in a crimina* prosecution whereby the defendant is brought before
the court to hear the charges and to enter a plea.
10. ( A la\V a110wing authorities to publicize information about convicted sex
offenders
1l. ( A lega* writ or court order to release a prisoner from a11egedly unlawful
confinement so that he or she can appear before a court for proper remedial
action. the petitioner seeks release.
12. ( Any minor crime that is not punishable by incarceration, but only by fine.
Accordingly, tria* by jury is not required or permitted.
13. ( The two essentia* elements of every crime: evidence that (a) harm has
occurred, (b) most probably because of a crimina* act.
14. ( A rule holding that an aider and abetter of a murder may also be guilty
of the crime even though another person was the actua* killer.
15. ( ) A written promise by the accused that if released without posting bai* , he
or she wil* return voluntarily for further crimina* proceeding.
===Answers(Lecture 3)===
1. Intent
2. Felony murder rule
3. Mayhem
4. Larceny
5. Duress
6. "Son of Sam " law
7. Information
8. Booked
9. Arraigned
10. Megan’s Law
11. Habeas corpus
12. Infraction
13. Corpus delicti
14. Vicarious murder rule
15. Recognizance
===Question( Lecture 4)===
했 Fil* blanks with the most suitable words for each statement
l. ( A system of proof-taking used in civi* law jurisdiction, whereby the judge
undertake an active investigation of the claims by examining the evidence and
prepanng reports.
2. ( A procedura* system, such as the Anglo-American lega* system, involving
both the prosecution and the defense prepare arguments to be prepared before the
court.
3. The prosecution in a crimina* tria* must prove ( )that the defendant is guilty of
the crime.
4. No warrant shal* issue , but upon probable cause, supported by ( ) or ( ), and
particularly describing the place to be searched , and the persons or things to be
seized.
5. ( ) also protects citizens from double jeopardy.
6 ( is a lega* principle holding that evidence collected or analyzed in violation
of the due process is inadmissible for a crimina* prosecution.
훌 Check T(true) or F(false) in the blank for each statement
7. Self-incrimination is an act or declaration by which a party explicitly or implicitly
admits a persona* connection with a crime.
8. Police can not request biographica* information such as name, date of birth and
address without reading the Miranda warnings.
9. The Miranda Warning was a result to protect a crimina* suspect’s Sixth
Amendment right to avoid coercive self-incrimination.
10. The Supreme court did not specify the exact wording to be used when
informing a suspect of his or her rights. (
11. The Fifth Amendment contains a guarantee of the process applicable both to
actions of the federa* government and the states governments. (
12. Police officers are not required to advise a suspect that he may refuse to
consent to the search. ( )
13. Grand jury is also known as the tria* jury. (
14. The Grand jury is usually consisted of 12 jurors. (
15. The defendant must answer the prosecution’s question if he or she does
testify. (
===Answers(Lecture 4)===
1. lnquisitoria* system
2. Adversaria* system
3. beyond a reasonable doubt
4. oath, affirmation
5. Fifth- Amendment
6. The exclusionary rule.
7. T
8. F
9. F
10. T
11. F
12. T
13. F
14. F
15. T
- 278
Question( Lecture 5)
혔 Fil1 blanks with the most suitable words for each statement.
1. The basic elements of a contract are offer, acceptance and ( ).
2. The broad meaning of consideration is a collective term for al* the elements
that make a contract legally( ).
3. ( is neither enforceable against the one making it, nor is it operative as a
consideration for a return promise.
4. ( is a principle that a promise made without consideration become binding if
(1) promisor should reasonably expect to induce action or forbearance on the part
of promisee, and (2) a party actually relies on the promise, and (3) injustice can be
avoided only by the enforcement of the promise.
5. A contract is void on the ground of ( ) when it is established that the party
making the claim was forced to agree to it by means of a wrongfu* threat
precluding the exercise of his free will.
웠 Check T(true) or F(false) in the blank for each statement
6. A promisor does not have to benefited in order for a consideration to be valid.
( )
7. Bargaining for something that one is already legally bound to do is consideration.
8. Nomina* consideration is generally sufficient to meet the consideration
reqUlrement
9. A waiver of any lega* right at the request of another party is a sufficient to
sustain a promise.
10. It is generally held that a modification of a contract is itself a contract, which
is uncnforceable unless supported by mlditiona* consideration. ( )
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===Question( Lecture 6)===
※ Fil* blanks with the most suitable words for each statement
1. Whcn the acceptance is not the same as the offer, it is considered a ( ).
2. ln 1110St courts, the acceptance is effective upon proper dispatch. This is called
3. ( is a promise which meets the requirement for the formation of a contract
and limits the promisor’s power to revoke an offer.
4‘ ) have the purposes of restoring the unjust enrichment gained by the promisor
back to the promisee.
5. ( ) have the purposes of restoring the promisee to the position he would have
been in had the promise occurred as it was supposed to have.
했 Check T(true) or F(false) in the blank for each statement
6. COl1tracts for sale of goods do not require the mirror image rule.
7. Ad\'isements to sel* products is not an offer. (
8, Thc act of a customer paying the price of the product is usually the acceptance.
( )
9. An option contract does not allow nomina* considerations. ( )
10. If the advertisements contains specific words of commitment, especially a
promisc to sel* a particular number of units, then it may be an offer. ( )
11. It the offeror does not set a time limit for acceptance, the power of acceptance
tεrminittes at the end of a reasonable time period. (
12. If lhe offeror does not make clear whether acceptance is to occur through a
promiSé' or performance, the offeree may accept only by a promise.
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Answers(Lecture 6)
1. counteroffer
2. the mailbox rule
3. Option contract
4. Restitutionary damages
5. Expectation damages
6. T
7. T
8. F
9. F
10. T
11. T
12. F
- 282 -
===Question( Lecture 7)===
※ Fil* blanks with the most suitable words for each statement
1. The clifference between strict liability and the other two types of torts is that
strict li,dJility does not require ).
2. Thc clements of battery are intent, harmfu* or offensive contact, and ( ).
3. The only difference between battery and assault is whether there was an ( ).
4. ( ) is a defense made by the defendant after the plaintiff successfully proves a
prima ùlcie case for an intentiona* tort.
5. Under the defense of ( ), defendant has a privilege to harm the property
intcrest of plaintiff where this is necessary in order to prent great harm to third
persons or to the defendant herself.
했 Check T(true) or F(false) in the blank for each statement
6. COl1rts may not infer an intent when there is no clear desire to cause a specific
res111 t. ( )
7. Contact in battery does not have to be body to body. ( )
8. Ordinarily. words alone are sufficient, by themselves, to give rise to an assault.
( )
9. Falsl' imprisonment may be carried out by simple words. (
10. The person being confined is required to look for an escape.(
11. E\'(、n if the plaintiff had been under lega* age, most courts would consider her
consent as 3 defense , (
12, A pcrson C3n use deadly force as a self-defense when he reasonably believes
that <lI* ()ther is about to intention311y inflict unprivileged harm. ( )
- 283 -
Answers(Lecture 7)
1. a wrongfu* act
2. contact occurred
3. actua* contact
4. Affirmative defense
5. necessity
6. F
7. T
8. F
9. T
10. F
11. F
12. F
- 284 -
Question( Lecture 8)
혔 Fil* blanks with the most suitable words for each statement
l. ( is the doctrine providing that, in some circumstances, the mere fact of an
acciclcnt’s occurrence raises an inference of negligence so as to establish a prima
facie case.
2. ln the vast maiority situation, the defendant’s conduct is the cause of the
plaintiff's injuries if it can be said that "Had the defendant not so conducted herself,
the plaintiff’s iniuries would not have resulted This formulation is known as
"sine qua non" or ( ).
3. ( requirement is a policy determination that a defendant, even one who has
behavt' c* negligently ’ should not automatically be liable for al* of the
consequences, no matter how improbable or far-reaching of her act.
4. ( ) only allowed recovery when there was a clear impact.
5. If an employee commits a tort during the "scope of his employment", his
cmployer wil* be liable. This is called ( ) or "respondeat superior".
6. ( is determined by calculating the value of the victim’s life before and after
the tort anc* giving the victim the difference.
혔 Check T(true) or F(false) in the blank for each statement
7‘ Thc Dillon Rule is stricter than the Thing Rule since it requires an exceptional
distrr:ss or physica* harm. (
8. A mother who died of a heart attack after knowing of her child’s death can
recover by the Zone of danger rule. (
9. ]Joctors who are not under contractua* duty to save the patient has no duty to
save a patient.
10. Al* 50 states have adopted the "Good Samaritan law" that protects the rescuer
from ncgligence liability that may occur during the rescue.(
- 285 -
11. One who employs an independent contractor wil* also be liable w\:lere the \\-ork
is such that, unless specia* precautions are taken, there wil* be a high degrt'(' of
danger to others. ( )
12. The Eggshel* Skul* rule is not applied in strict liability cases. (
===Answers(Lecture 8)===
1. Res ipsa loquitur
2. but for test
3. The proximate cause
4. The impact rule
5. the vicarious liability
6. Compensatory damages
7. F
8. F
9. T
10. T
11. T
12. F
[[분류:법학]]
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