Freedom Of Speech Protections

Summary

The First Amendment protects more than just spoken words, extending to written words, symbols, and expressive conduct. In Ohio, a criminal case involving a felony is tried in the Common Pleas Court. The Ohio Supreme Court primarily has appellate jurisdiction, and not all cases can be appealed there. Federal jurisdiction can be established through diversity of citizenship or federal questions. Municipal courts, like Toledos, do not handle child custody cases, which are under the Domestic Relations Division of the Court of Common Pleas. Understanding these legal distinctions is crucial for navigating the legal system effectively.

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A cause of action by one defendant against another defendant in the same suit is known as a cross claim. True or False
True. A cause of action by one defendant against another defendant in the same suit is known as a cross claim.
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Which of the following is not an element of every tort action? Lawful duty Breach of lawful duty Intentional act Damages Proximate cause
The element that is not required in every tort action is:
- **Intentional act**
Many torts can be based on negligence, which does not require an intentional act.
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There are thirteen United States District Courts of Appeals. True False
The statement "There are thirteen United States District Courts of Appeals" is false. There are actually **thirteen United States Courts of Appeals** (also known as Circuit Courts), which are different from District Courts.
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There are thirteen United States District Courts of Appeals. True False There are thirteen United States District Courts of Appeals. True False There are thirteen United States District Courts of Appeals. True or false?
The statement "There are thirteen United States District Courts of Appeals" is false. There are actually thirteen United States Courts of Appeals (also known as Circuit Courts), which are different from District Courts.
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Which of the following is not a division of the Court of Common Pleas? Domestic Relations Probate Juvenile Municipal none of the above
The division that is not part of the Court of Common Pleas in Ohio is:
- **Municipal**
Municipal courts are separate from the Court of Common Pleas and handle cases such as traffic violations and misdemeanors.
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A criminal case in which the defendant is charged with an Ohio felony will be tried in: Circuit Court Common Pleas Court Municipal Court District Court none of the above
A criminal case in which the defendant is charged with an Ohio felony will be tried in the **Common Pleas Court**.
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Which of the following may be used to establish jurisdiction in Federal Court? diversity of citizenship where the amount in controversy exceeds $*,*.* federal question appeal from Domestic Relations Court none of the above a and b only Question *
The correct answer to your question about establishing jurisdiction in Federal Court is:
- **a and b only**
Diversity of citizenship where the amount in controversy exceeds $*,*, and federal question can both establish jurisdiction in Federal Court.
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The Toledo Municipal Court is a court of original jurisdiction. True False
True. The Toledo Municipal Court is a court of original jurisdiction, meaning it has the authority to hear cases for the first time, as opposed to appellate jurisdiction.
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In a negligence case, the plaintiff must prove that the defendant’s negligent act was the direct cause of the plaintiff’s damages. True False Clear selection Question *
True. In a negligence case, the plaintiff must prove that the defendant’s negligent act was the direct cause of the plaintiff’s damages. This is known as causation.
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Which of the following courts do not generally exercise original jurisdiction? Municipal Probate Federal Circuit Juvenile Domestic Relations Question *
The court that does not generally exercise original jurisdiction is the **Federal Circuit Court**. The Federal Circuit primarily has appellate jurisdiction.
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The jurisdiction of the Ohio Supreme Court is not ordinarily original. True False
True. The jurisdiction of the Ohio Supreme Court is not ordinarily original; it primarily has appellate jurisdiction.
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The burden of proof in a criminal case is: Preponderance of the evidence Stare decisis Beyond a reasonable doubt Double jeopardy None of the above Question *
The burden of proof in a criminal case is:
- **Beyond a reasonable doubt**
This means the prosecution must prove the defendant's guilt to such an extent that there is no reasonable doubt in the mind of a reasonable person.
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The Fourteenth Amendment guarantees that a person may not be deprived of life, liberty or the pursuit of happiness without due process of law. True False
False. The Fourteenth Amendment guarantees that a person may not be deprived of life, liberty, or property without due process of law. It does not explicitly mention "the pursuit of happiness."
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A criminal case is between the state and an individual whereas a civil case is between individuals. True False
True. A criminal case is prosecuted by the state against an individual accused of violating laws, whereas a civil case typically involves disputes between individuals or entities.
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A decision denying a claim for Social Security disability benefits is an example of administrative law. True False Clear selection
True. A decision denying a claim for Social Security disability benefits is an example of administrative law, as it involves the actions and decisions of a federal agency.
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The Ohio District Courts of Appeals hear appeals from the Common Pleas Court. True False
True. The Ohio District Courts of Appeals hear appeals from decisions made by the Common Pleas Court.
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The written questions in a civil litigation are known as depositions. True False
False. The written questions in civil litigation are known as **interrogatories**. Depositions involve oral questioning under oath.
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All contracts are agreements, but not all agreements are contracts. True
True. All contracts are agreements, but not all agreements are contracts. Contracts require specific elements like offer, acceptance, consideration, and mutual intent to be legally enforceable.
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The United States District Courts exercise original jurisdiction. True False
True. The United States District Courts exercise original jurisdiction, meaning they have the authority to hear cases for the first time, as opposed to appellate jurisdiction, which reviews decisions of lower courts.
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Consideration in a contract can be the performance of an act or an agreement not to perform an act. True False
True. Consideration in a contract can indeed be the performance of an act or an agreement not to perform an act.
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One method of obtaining Federal Court jurisdiction over a civil case is thru Diversity of Citizenship where the amount in question exceeds seventy-five thousand dollars. True False
True. One method of obtaining Federal Court jurisdiction over a civil case is through Diversity of Citizenship where the amount in question exceeds $*,*.
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Every person has a right to appeal his or her case to the Ohio Supreme Court . True False
False. Not every person has the right to appeal their case to the Ohio Supreme Court. The Ohio Supreme Court has discretionary jurisdiction over most cases, meaning it can choose which cases to hear.
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Freedom of speech, as guaranteed by the First Amendment, allows a person to say anything at any time. True False
False. The First Amendment guarantees freedom of speech, but it is not absolute. Limitations include restrictions on speech that incites violence, constitutes hate speech, or involves defamation, among others.
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The Toledo Municipal Court has jurisdiction over child custody cases. True False Clear selection
False. The Toledo Municipal Court does not have jurisdiction over child custody cases. Child custody matters are typically handled by the Domestic Relations Division of the Court of Common Pleas.
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The Supreme Court of the United States never has original jurisdiction. True False
False. The Supreme Court of the United States does have original jurisdiction in certain cases, such as disputes between states or cases involving ambassadors.
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Put the following portions of a civil trial in their proper chronological order. Prompts Answers Question * * First Select match Question * * Second Select match Question * * Third Select match Question * * Fourth Select match Question * * Fifth Select match
To assist you appropriately, could you please provide the specific portions of the civil trial that you need to be ordered chronologically? This will help me give you the correct sequence based on general civil trial procedure in Ohio.
Federalism is a system of government divided between a central government and constituent political units. True False
True. Federalism is indeed a system of government where power is divided between a central authority and constituent political units, such as states or provinces.
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Federal statutes are drafted by the United States Congress. True False
True. Federal statutes are indeed drafted by the United States Congress.
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An appeal from the Lucas County Domestic Relations Court will be taken directly to: Common Pleas Court District Court of Appeals Circuit Court of Appeals Ohio Supreme Court District Trial Court
The correct answer is **District Court of Appeals**.
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Generally an attorney may ask leading questions only on cross examination. True False
True. Generally, an attorney may ask leading questions only on cross-examination.
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A civil case may be filed in the courts of which state? Where the Plaintiff resides Where the Defendant resides Where the transaction or occurrence took place all of the above b and c only
The correct answer to your question about where a civil case may be filed is:
- **all of the above**
A civil case may be filed in the state where the plaintiff resides, where the defendant resides, or where the transaction or occurrence took place.
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Voire dire is conducted immediately after the opening statements. True False
False. **Voire dire** is the process of jury selection and is conducted before the opening statements in a trial.
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A civil case decided against a defendant who has failed to file his answer in a timely fashion is known as: Summary judgment Voire dire Judgment N.O.V. Directed verdict Default
The correct answer to your question is:
- **Default**
A civil case decided against a defendant who has failed to file his answer in a timely fashion is known as a default judgment.
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Put the following * portions of a civil trial in their proper chronological order.
To assist you, could you please provide the specific portions of the civil trial that you need to be ordered chronologically?