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Q:
When the misuse of the legal procedure involves the filing of a false civil lawsuit, it is called:
A. wrongful civil proceedings.
B. malicious prosecution.
C. abuse of process.
D. invasion of privacy.
Q:
_____ is an obligation placed on individuals because of the law.
A. Vicarious liability
B. Juriscience
C. Duty
D. Responsibility
Q:
In a road rage incident, Jack aims a firearm at Reagan. No shots are fired and the incident is over in less than 15 seconds. Reagan may sue Jack for:
A. assault.
B. battery.
C. juriscience.
D. disparagement.
Q:
Defamation in a temporary form, such as speech, is:
A. invasion of privacy.
B. breach of duty.
C. slander.
D. libel.
Q:
_____ involves any false statement communicated to others that questions the quality of an item of property or that raises uncertainty as to who actually has legal ownership rights to the property in question.
A. Invasion of privacy
B. Defamaation
C. False imprisonment
D. Disparagement
Q:
Munchburger, a fast-food outlet, sends an employee to hand out leaflets outside Hick's Burger, a competing fast-food outlet. The leaflets falsely accuse Hick's of using horsemeat in its burgers. Hick's may successfully sue Munchburger for:
A. disparagement.
B. invasion of privacy.
C. interference with a contractual relationship.
D. proximate cause.
Q:
What is the theory behind the doctrine of respondeat superior?
A. Torts committed by an employee working for an organization will result in the employee and the employer being held liable under tort law.
B. An employee may be held liable under tort law for the torts committed by his/her employer, while the employee was working at the organization.
C. An employee working with an organization and having committed a tort can be held liable for even though he/she did not intend the harm.
D. An organization is not held liable under tort law for the torts committed by its employees during their work tenure at the organization.
Q:
Cyberdefamation involves false statements communicated through the Internet to others that in some way casts doubt upon the ownership or the quality of an item of property or a product offered for sale.
FALSE
Q:
An injunction is a court order preventing someone from performing a particular act.
Q:
"Survival statues" allow the family members of an individual, who is killed as the result of a tort, to sue the wrongdoer for the loss of support from the deceased.
Q:
Wrongful death statutes preserve the right to bring a lawsuit only if the death is caused by the negligence of the person who caused the death.
Q:
What is the primary purpose of the tort law?
A. To prevent and punish criminal offenders.
B. To protect people from being tried twice for the same crime.
C. To compensate for the injured party's loss.
D. To protect victims' rights.
Q:
Tort law differs from criminal law in that:
A. tort law involves a public wrong.
B. tort law involves legal action by governmental authorities.
C. tort law protects the public.
D. tort law compensates the injured party's loss.
Q:
Contributory negligence by an injured party prevents the injured party from recovering any damages.
Q:
Assumption of risk can be used as defense to negligence if the victim is forced to enter the risky situation because no other choice is available.
Q:
James uses fire crackers to celebrate the victory of his favorite team in the soccer finals. However, he unintentionally injures a person walking on the pavement. James can be held under strict liability.
Q:
In most states, product liability is available as a cause of action even if the only property damaged is the defective property itself.
Q:
Cybertorts frequently involve harm to an individual's physical well-being.
Q:
An Internet service provider can be held liable for the defamatory content of a customer's posting.
Q:
If William sues Sam for fraud just to pressurize Sam to sell his business to William, William has committed an abuse of process.
Q:
Proximate cause is the same as "legal cause."
Q:
The defense of contributory negligence involves the failure of the injured party to be careful enough to ensure his/her personal safety.
Q:
An undercover police investigator logs into a computer chat room posing as a 15-year old girl. An older man, knowing the asserted age of the "girl", suggests that they meet at a local motel and expresses his intentions. The man checks into the motel at the pre-arranged time, and is arrested for attempted statutory rape under a state Internet enticement law. Discuss the case in brief.
Q:
Celeste, a movie star, can successfully sue a tabloid for defamation by merely proving that the statements printed in the tabloid are false.
FALSE
Q:
To successfully sue for intentional infliction of emotional distress, even without an accompanying physical injury, the actions complained of must be extreme and outrageous.
Q:
A gasoline tanker truck is speeding around a curve in the road and overturns on the shoulder of the highway. The truck catches fire due to a spark igniting the gasoline and the fire spreads through a field where it burns a house and barn. The property owner brings the driver to court and accuses him of a criminal act. Analyze the situation.
Q:
Zach sells art pieces that are altered and falsified, but convinces his customers that they are buying original artifacts. Explain the kind of crime committed by Zach.
Q:
Lane offered the mayor of Ontario $12,000 to award Lane's firm a building contract. The mayor refused the bribe. When Lane was arrested, he claimed that he was innocent of the charge of bribery because the mayor never took the money. Discuss the possibility of Lane's actions to be qualified as crime.
Q:
Jackson's wallet is stolen. The thief makes use of the identification items in the wallet to pass himself off as Jackson in order to establish fraudulent credit card accounts and, in general, disrupt Jackson's financial life. Analyze the crimes and the law violations for which the thief can be convicted?
Q:
Brooke sends e-mails to customers of a local bank, directing them to a Web site that she has created, which appears to be the Web site of the bank. The customers are directed to update their banking information by entering their credit and personal information. Analyze the crime for which Brooke can be convicted.
Q:
A hacker threatens to shut down a company's computer system unless the company pays him $10 million. Discuss the crime and federal statutes involved in the case.
Q:
A criminal defendant is found to be suffering from a mental disease which is so serious that she does not know the nature of her actions or the fact that the acts she commits are wrong. This fits which of the following tests?
A. M'Naughten Rule
B. Irresistible impulse test
C. American Law Institute test
D. The Durham test
Q:
_____ is a defense to charges of criminal liability, as long as it destroys one of the elements necessary to that crime.
A. Self-defense
B. Mistake
C. Battered spouse syndrome
D. Defense of others
Q:
Sue is in her apartment complex when she hears screams and what sound like gunshots. However, she fails to call 911. Has Sue committed a crime due to her failure to call the police? Explain.
Q:
While sleepwalking during his stay in a hotel, Boterus ran into Selan, another guest at the hotel, knocking Selan down the stairs. Selan called the police and demanded that Boterus be arrested. Will the police comply with the request? Explain.
Q:
The police have the DNA and fingerprint evidence to connect Amy to a particular crime of murder, but they have found no evidence whatsoever of any motive for Amy to kill the victim. Would the lack of a motive prevent Amy from being convicted?
Q:
Tom enters a computer chat room attempting to contact children online with the intention of taking illegal advantage of them. This e-crime is:
A. cyberextortion.
B. cyberspoofing.
C. cyberstalking.
D. cyberfraud.
Q:
Mark enjoys hacking into the computer databases of companies, but never takes or damages any data. Mark has violated which of the following statutes?
A. Access Device Fraud Act
B. Computer Fraud and Abuse Act
C. Wiretap Act
D. Mark has not violated any statute since there is no damage
Q:
_____ is analogous to forgery because it also involves the alteration or falsification of an object or a document with intent to defraud.
A. Embezzlement
B. Criminal simulation
C. Passing bad checks
D. Defrauding creditors
Q:
_____ involves the false making or changing of a writing (without proper authorization) with the intent to defraud.
A. Embezzlement
B. Defrauding
C. Larceny
D. Forgery
Q:
Agnes, a convenience store cashier, takes $5 out of the register for every $100 she rings up, and keeps it. Agnes could be arrested for:
A. extortion.
B. embezzlement.
C. burglary.
D. robbery.
Q:
Alvin has discovered how to duplicate subway tokens, and has made several hundreds of them with the intention of defrauding people. Which of the following crimes has Alvin committed?
A. Larceny by false pretenses.
B. Using a forged instrument.
C. An act of embezzlement.
D. An act of bribery.
Q:
Joe, driving while intoxicated, caused a traffic accident that killed a passenger in his car. Joe may be charged with:
A. involuntary manslaughter.
B. first-degree murder.
C. second-degree murder.
D. aggravated murder.
Q:
The term _____ has been used to describe a crime in which the offender causes actual physical harm to the victim.
A. assault
B. aggravated menacing
C. violence
D. battery
Q:
A statute that made cross-burning a criminal offence would be an example of what type of crime?
A. Assault
B. Hate speech
C. Arson
D. Terrorism
Q:
A shoplifter steals a can of soda and tries to escape. He threatens and fights the clerk when confronted. This is an example of:
A. burglary.
B. extortion.
C. embezzlement.
D. robbery.
Q:
Myra, the assistant accountant at Multibusiness, Inc., decides to transfer $5,000 from a Multibusiness account to her personal account in order to pay some personal medical expenses. Myra plans to repay the money as soon as she receives reimbursement from her health insurance. Myra has committed:
A. larceny.
B. forgery.
C. embezzlement.
D. burglary.
Q:
A city ordinance allowed the police to arrest young men who were loitering in any public place with no apparent purpose and failed to disperse when requested to do so by the police. William was arrested under the ordinance. What is William's best legal challenge to his arrest?
A. The ordinance has no connection to public safety.
B. The ordinance is void for vagueness.
C. The ordinance gives power to the police.
D. The ordinance contains no reference to a state of mind.
Q:
Which of the following would be considered a criminal act?
A. Martin had a heart attack while driving his semitrailer on a highway, causing a head-on collision with another trailer, and resulting in a 40-car pileup and 17 deaths.
B. Last summer, Sam made and sold crack cocaine and marijuana to teenagers of his neighborhood, leading to drug network and addiction amongst teenagers of that locale.
C. Karen, obsessed with thoughts of her husband's affair with his colleague, wrote in her diary detailed plots of how to kill the woman.
D. Helen thinks she cannot get through each day without taking LSD, a psychedelic drug.
Q:
Two drivers challenge each other to a drag race on a public highway. This is an example of:
A. acting with a purpose.
B. acting with knowledge.
C. acting with recklessness.
D. acting with negligence.
Q:
A child is killed by the violent behavior of his mother's boyfriend. The mother was aware of the possible danger her boyfriend posed to her son, yet failed to take steps to prevent or reduce the risk of harm to her son. She can be convicted of a crime due to which of the following requisite states of mind?
A. She acted with negligence
B. She acted with knowledge.
C. She acted with recklessness.
D. She acted with purpose.
Q:
Which of the following types of criminal homicide involves killing someone with premeditation, killing in a cruel way such as with torture, or killing while committing a major crime?
A. Second-degree murder
B. Involuntary manslaughter
C. First-degree murder
D. Voluntary manslaughter
Q:
A robber kills a convenience store clerk and escapes with just $5. Which of the following types of homicide best fits the facts?
A. Second-degree murder
B. First-degree murder
C. Voluntary manslaughter
D. Involuntary manslaughter
Q:
Which of the following is true of criminal law under the American law system?
A. When a crime is committed, the victim has a cause of action against the accused and is permitted to recover money as compensation from the defendant.
B. In a criminal case the prosecutor or district attorney is required to prove the criminal defendant guilty by a preponderance of the evidence.
C. Defendants are protected from being tried for a criminal offense and then being sued under tort law for that same wrongful act.
D. If a defendant is accused of an offense that can be designated as two different crimes, he or she can be tried in two different courts.
Q:
If a law enforcement officer induces a law-abiding citizen to commit a crime, entrapment may be used as a defense.
Q:
A person does not have a duty to retreat before using force if the attack occurs in his or her own home.
Q:
Patricia mistakenly believes she could personally hold a lottery to raise money for her favorite charity. This could be used as a defense to being prosecuted for unlawful gambling.
Q:
The set of circumstances that leads a woman to believe that the only way she can escape death is to use force against her tormentor is called battered spouse syndrome.
Q:
The RICO Act covers only serious crimes such as arson and robbery.
Q:
Stan threatens to use his computer skills to shut down the computers of Alpha Corp. unless he is paid money. Stan can be held for committing cyberterrorism.
Q:
The Economic Espionage Act (EEA) is designed to protect trade secrets.
Q:
The American Law Institute's insanity test is also known as the irresistible impulse test.
Q:
People found not guilty by reason of insanity are acquitted under the American legal system.
Q:
Alfred drives his car very fast in a school zone when the school is releasing students at the end of the school day. A student dies when he is hit by Alfred's car. Alfred has committed involuntary manslaughter.
Q:
A doctor who injects an antibiotic into a patient's arm without his/her consent may be liable for battery.
Q:
Gabriel points a gun at a store clerk to frighten the clerk. This is an example of assault.
Q:
Entry through an open door or a window establishes the act of burglary.
Q:
Francis has many traffic tickets and fears that her license will be suspended if she gets another traffic ticket. When stopped for speeding, she hands over her license to the police officer with a $100 bill clipped to the license. Francis has committed a crime.
Q:
An individual cannot be convicted for a criminal act unless it is proved that he/she had an evil motive for committing the crime.
Q:
Experts who believe in deterrence say that the criminal process should be presented in a public way so that the public will learn the difference between acceptable and unacceptable behavior.
Q:
A felony is a crime punishable by death/imprisonment in a federal/state prison for a term exceeding one year.
Q:
Under American law, a crime cannot be committed unless some act has occurred.
Q:
Two friends play a paintball game on the sidewalk, when a paintball shot hits a walker in the eye. This is an example of acting with recklessness.
Q:
(p. 78) Patricia Selan, a freelance photographer, entered a work-for-hire agreement with Dynamic Prints Ltd. During the negotiation stage, Selan asked that the contract include an ADR clause, which would make certain that the parties would submit all disputes to ADR. The clause stated that whenever a disagreement arose, the parties would first talk about the problem informally. If, after 14 days, no solution was reached, the claim would go to the American Arbitration Association, which would assist them in choosing an objective mediator who would help them choose an appropriate ADR plan. What benefits does this contract offer Selan?
Q:
(p. 78) When Kiros and Alphonse entered into a partnership agreement, they decided to submit all disputes to binding arbitration and included this clause in their partnership agreement. When a dispute arose, an arbitrator was called in and passed judgment against Kiros. Kiros appealed to the courts and the arbitrator's ruling was overturned. Discuss a possible explanation for this.
Q:
(p. 79) The FFEA was charged with the task of drafting a series of rules to implement the New England Fusion Reactor Initiative. The FFEA anticipates that the new rules will involve drastic changes for all the concerned parties. Rather than simply writing the rules and placing them before the affected parties, what action might the FFEA take to minimize the other parties' dissatisfaction with the rules? Explain.
Q:
(p. 81) The Cuyahoga Experimental Research Company and the Chagrin River Genetics Laboratory Association planned to construct a laboratory for research into the Human Genome Project. The laboratory would be located on land that was owned by four shipping companies. The owners of the companies objected to the way in which their land was appropriated for the project by the government and the research companies. The owners also objected to the planned location of the research facility because they were afraid that some sort of genetic accident might harm the crops and farm animals that were shipped through their terminal which was adjacent to the research facility. Which form of ADR would be ideally suited to hear this dispute? Explain.
Q:
The federal government has express constitutional authority to enact criminal law statutes.
Q:
(p. 82) A science court will not succeed unless it has the power to compel the parties to submit to its authority.
Q:
(p. 72) Chuck likes to grow "natural" flowers such as dandelions in his yard, while his neighbor Patty sees these as weeds whose seeds constantly blow into her yard. Both Chuck and Patty anticipate living in their homes for many years to come. Discuss a form of dispute resolution that would best fit this situation.