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2. Question: What is the principle of judicial review, and how does it impact the balance of
power in a democratic society?
Solution: Judicial review is the power of the courts to review and invalidate laws or
actions that are deemed unconstitutional. It ensures that the legislative and executive
branches of government do not exceed their constitutional authority. This principle is
essential for maintaining a system of checks and balances, as it allows the judiciary to
protect individual rights and prevent the abuse of power.
Question: Discuss the concept of "strict liability" in criminal law and provide an example
where it is applied.
Solution: Strict liability is a legal doctrine that holds individuals or organizations liable
for their actions or omissions, regardless of their intent or level of fault. In criminal law,
strict liability offenses do not require proof of a guilty mind or mens rea. An example of
strict liability is statutory rape, where the age of consent serves as the determining
factor for liability, regardless of the defendant's knowledge or belief about the victim's
age.
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3. Question: Explain the doctrine of double jeopardy and its significance in protecting
individuals from multiple prosecutions for the same offense.
Solution: The doctrine of double jeopardy prohibits individuals from being tried or
punished twice for the same offense after they have been acquitted or convicted. It is a
fundamental protection guaranteed by the Fifth Amendment of the United States
Constitution. Double jeopardy prevents the government from subjecting individuals to
harassment through repeated prosecutions and promotes the finality of judgments.
Question: What are the key differences between civil law and criminal law, both in terms
of purpose and burden of proof?
Solution: Civil law pertains to legal disputes between individuals or organizations,
whereas criminal law involves offenses against society as a whole. The purpose of civil
law is to provide compensation or remedies to the injured party, while criminal law aims
to punish and deter criminal behavior. In terms of burden of proof, civil cases require a
preponderance of the evidence (more likely than not), while criminal cases require proof
beyond a reasonable doubt, which is a higher standard.
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4. Question: Define the concept of "vicarious liability" in tort law and provide an example of
its application.
Solution: Vicarious liability is a legal doctrine that holds one party liable for the actions or
omissions of another, even if the party being held liable did not directly commit the
wrongful act. It commonly applies in employer-employee relationships, where employers
can be held responsible for the negligent acts of their employees that occur within the
scope of employment. For example, if an employee causes a car accident while performing
work-related duties, the employer may be vicariously liable for the resulting damages.
Question: Discuss the doctrine of "res ipsa loquitur" in negligence cases and explain its
significance in establishing a prima facie case.
Solution: Res ipsa loquitur, which means "the thing speaks for itself" in Latin, is a legal
doctrine used in negligence cases. It allows a plaintiff to establish a prima facie case of
negligence by relying on circumstantial evidence alone when direct evidence is not
available. The doctrine applies when the accident or injury would not have occurred in the
absence of negligence, and the defendant had exclusive control over the situation. It helps
shift the burden of proof to the defendant to provide a reasonable explanation for the
incident.
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