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United States Law

Are these statements true or false?

A plaintiff is not entitled to an award of punitive damages when she demonstrates clear and convincing evidence that the defendant defrauded her - but the jury feels that she did not prove her case beyond a reasonable doubt.

If Congress were to pass a law enacting a duty on garments manufactured in Mexico, the Supreme Court should invalidate that law as contradictory to the North American Free Trade Agreement

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Please refer to file response attached, which is also presented below. Good luck with your studies and take care.

1. A plaintiff is not entitled to an award of punitive damages when she demonstrates clear and convincing evidence that the defendant defrauded her - but the jury feels that she did not prove her case beyond a reasonable doubt. True

You may not award punitive damages against the defendant unless you have first found against the defendant and awarded plaintiff actual damages (http://www.iand.uscourts.gov/iand/Instructions.nsf/0/15452c836e48c9bf86256e3f007af6ce?OpenDocument).

2. If Congress were to pass a law enacting a duty on garments manufactured in Mexico, the Supreme Court should invalidate that law as contradictory to the North American Free Trade Agreement True

In fact, the Supreme Court has overruled laws that are contradictory to NAFTA.

NAFTA offers three basic benefits for apparel: NAFTA originating goods treatment; Tariff Preference Levels (TPLs); and NAFTA Special Regime. Most classifications of apparel are NAFTA originating if the yarn is spun or extruded, the fabric ...

Solution Summary

This solution provides and explains answers to two true or false questions in regards to punitive damage and duty charged on garments manufactured in Mexico e.g. the North American Free Trade Agreement.

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