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MIYAGI asked in 社會與文化語言 · 1 decade ago

美國法律問題,請提供解答

原文

Background:Buyer of aircarft engine maintenance business brought action against seller under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), seeking contribution for environmental cleanup expenditures that buyer undertook voluntarily at four sites acquired pursuant to purchase agreement. The United States District Court for the Northern District of Texas, Sidney A. Fitzwater, J., 2000 WL 31730, granted summary judgement for seller. Buyer appealed. After initially affirming, 263 F.3d 134(2001), on rehearing en banc, the United States Court of Appeals for the Fifth Circuit, Edith H. Jones, Circuit Judge, 312 F.2d 677(2002), reversed and remanded. Certiorari was granted.

問題

Have this case ever been tried by a jury in the Federal District Court?

There are thirteen judges in the Federal Court of Appeals for the Fifth Circuit, how many judges have participated in this case in 2002?

You are looking up a criminal case decided by the "Supreme Court of California" The case name most likely looks like?

a/ U.S. v. Smith

b/ U.K v. Smith

c/ State v. Smith

d/ U.S. v. U.K., The Revolution(1776)

可以告訴我答案 及理由嗎

1 Answer

Rating
  • 1 decade ago
    Favorite Answer

    This case has never been tried by a jury because at the trial court level it was a summary judgment which means that the case was decided by the judge because there's no triable issue of facts for the jury to decide. There's no jury trial on appeals.

    All 13 judges heard the appeal because en banc means a full bench trial. That means every judge heard it.

    Answer is C, because a criminal case is brought by the district attorneys representing the people of the particular State against the alleged criminal.

    2008-03-12 09:14:12 補充:

    不好意思, 之前用的電腦不知為什麼不能打中文

    最後一題是C

    因為在美國刑案都是由District Attorney(檢察官) 代表全州人民來告被告人, 所以case 的名稱通常為 State of ..... v. 被告的姓, 簡縮以後就變成 State v. xxx...

    有時也會看到不一樣的. 像是commonwealth of 市名 v. 被告...但是基本上是一樣的!!!:)

    Source(s): law school knowledge
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