Q&A Hero

Q: ________ is defined as the taking of personal property from another person by the use of fear or force.

Q: ________ is the taking of another's personal property other than from his or her person or building.

Q: A(n) ________ is an agreement in which the accused admits to a lesser crime than charged, and in return, the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial.

Q: A party may enter a plea of ________, whereby the accused agrees to the imposition of a penalty but does not admit guilt.

Q: ________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.

Q: If the grand jury determines that there is sufficient evidence to hold the accused for trial, it issues a(n) ________.

Q: In common law, burglary is defined as "breaking and entering a dwelling at night" with the intent to commit a misdemeanor.

Q: If a defendant is found not guilty in a criminal case, the government can retry the case with a new jury.

Q: An indictment is a charge of guilt against the defendant.

Q: The case against the accused is dismissed if neither an indictment nor information statement is issued.

Q: A nolo contendere plea can be used as evidence of liability against the accused at a subsequent civil trial.

Q: The wrongful or fraudulent taking of another's personal intangible properties like trade secrets, computer programs, and other business property is considered a(n) ________. A) robbery B) larceny C) aggravated robbery D) aggravated burglary

Q: In which of the following cases is the felony murder rule applied? A) when the felon in the case was killed while the crime transpired B) when the murder was committed without intent while committing another crime C) when the reason for the death is found to be involuntary manslaughter D) when the crime involves the intended murder of another person

Q: What is the necessary condition for an accused person to be found guilty by a jury? A) The jury's guilty verdict has to be approved by the presiding judge. B) At least half the jurors have to find the defendant guilty of the crime. C) More than 50 percent of the jurors have to find the defendant guilty of the crime. D) All the jurors have to unanimously agree that the defendant is guilty of the crime.

Q: Roland and Kelly were involved in a car accident in which Kelly was badly injured and had to be hospitalized. After the accident was investigated, it was determined that Roland's negligence was the cause of the accident. He was charged with reckless driving, a crime. In criminal proceedings, what course of action should Roland take to prevent Kelly from using evidence of his guilt against him in a subsequent civil trial seeking recovery for her injuries and hospital bills? A) plead not guilty and go to trial B) enter into a plea of nolo contendere C) plead guilty and serve the punishment established by the government D) enter into a plea bargain with the government, admitting guilt but receiving less punishment in return for the plea

Q: A jury that cannot come to a unanimous decision about the defendant's guilt is called a(n) ________ jury. A) grand B) open C) struck D) hung

Q: What is nolo contendere in legal proceedings? A) a plea by which the defense attorney sets out reasons as to why the case should not go to trial B) a plea where the accused agrees to the imposition of a penalty but does not admit guilt C) a plea by which the defense attorney exhibits evidences that the defendant is not fit to stand for trial D) a guilty plea where the defendant does not agree to the imposition of a penalty and asserts innocence though there is sufficient evidence against the defendant

Q: At what stage of the criminal procedure is the accused asked to enter a plea? A) when the accused is taken to an arraignment B) while an indictment or information statement is being issued C) when the accused is being booked D) when the accused is being arrested

Q: A(n) ________ is a charge of having committed a crime, usually a felony, based on the judgment of a grand jury. A) arraignment B) information statement C) indictment D) plea

Q: Which of the following is a difference between indictments and information statements? A) Indictments are issued before a trial, while an information statement is issued after a trial. B) Indictments are issued by a grand jury, while an information statement is issued by a magistrate. C) Information statements are issued to dismiss a case before it goes to trial, while an indictment is issued to bring a case to trial. D) Information statements are issued without determining guilt, while an indictment is issued where guilt is evident.

Q: ________ is defined as the substantial likelihood that a person either committed or is about to commit a crime. A) Preponderance of the evidence B) Reasonable doubt C) Probable cause D) Reasonable suspicion

Q: A(n) ________ is a document for a person's detainment that is based on a showing of probable cause that the person committed a crime. A) arrest warrant B) possessory warrant C) no-knock warrant D) execution warrant

Q: Explain the role of penal codes and regulatory statutes in criminal law.

Q: ________ crimes require that the perpetrator intended to achieve a specific result from his illegal act.

Q: In legal terminology, evil intent is also known as ________.

Q: The two elements that are required to be found guilty of an intent crime are ________ and ________.

Q: In a criminal case, the government is represented by the ________.

Q: In a civil lawsuit, liability has to be proven beyond a reasonable doubt.

Q: In a criminal lawsuit, guilt has to be proven beyond a reasonable doubt.

Q: Monetary damages and equitable remedies are provided in a civil lawsuit.

Q: In a criminal lawsuit, the government is represented by a lawyer called the defense attorney.

Q: If the accused cannot afford a private defense lawyer, the government will provide one free of charge.

Q: A crime is the violation of a statute for which the government imposes a punishment.

Q: A person charged with a crime in the United States is presumed guilty until proven innocent.

Q: When is a criminal said to be judgment proof? A) when the criminal has not been read his Fifth Amendment rights prior to his arrest B) when the criminal does not have the money to pay a civil judgment C) when the criminal is found to be unfit to go to prison D) when the criminal has been deemed to be insane

Q: ________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results. A) Nonintent B) Specific intent C) General intent D) Explicit intent

Q: Which two elements are required to find a defendant guilty of an intent-based crime? A) a victim and criminal intent B) a motive and criminal intent C) a criminal act and criminal intent D) a criminal act and proof of gain

Q: Tim Talon engaged in reckless driving and killed a pedestrian. His defense is that he was driving under the influence of alcohol and lost control of his automobile. How would a court classify Tim Talon's intent? A) general intent crime B) criminal intent crime C) specific intent crime D) nonintent crime

Q: A person who jaywalks commits a ________. A) misdemeanor B) felony C) violation D) tort

Q: A(n) ________ is a less serious crime, is not inherently evil but nevertheless prohibited by society, and is punishable by fines or imprisonment for one year or less. A) misdemeanor B) indictable offence C) felony D) violation

Q: ________ are the most serious crimes, including crimes that are mala in se. A) Felonies B) Infractions C) Misdemeanors D) Summary offenses

Q: In the United States, what recourse does an accused person have if he cannot afford a private defense attorney? A) He will have to spend his time in jail until he can collect enough money to afford one. B) A public defender will be appointed to the accused by the government for a nominal fee. C) He will have to defend himself when the trial starts. D) The government will provide an attorney for the accused free of charge.

Q: Who is the plaintiff in a criminal lawsuit? A) the government B) the respondent C) a private party D) the victim

Q: ________ include environmental laws, securities laws, and antitrust laws that provide for criminal violations and penalties. A) Constitutions B) Regulatory statutes C) Resolutions D) Charters

Q: A collection of criminal statutes is referred to as a ________. A) bill B) constitution C) penal code D) charter

Q: Casual sales and transactions are not covered under the strict liability doctrine.

Q: A seller of a defective product cannot be held strictly liable if it can be proved that he or she took all possible care in the preparation and sale of the product.

Q: A defendant who has not been negligent but who is made to pay a strict liability judgment can bring a separate action against the negligent party in the chain of distribution to recover its losses.

Q: The doctrine of strict liability holds the manufacturers of a defective product solely liable for injuries caused by that product.

Q: Under the doctrine of strict liability, bystanders who are injured by a defective product are entitled to the same protection as the product's consumers.

Q: Strict liability applies to services but not products.

Q: Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitled to? A) Betty can sue Harvey's department store for negligence. B) Betty can sue either Harvey's department store or FlatPlanes, Inc. for strict liability. C) Betty can only sue FlatPlanes, Inc. for strict liability as they manufactured the defective lawnmower. D) Betty can only sue Harvey's department store for strict liability as they sold her the defective lawnmower.

Q: According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product? A) only the manufacturers of the products B) only the parties directly involved in the sale of the product to the customer C) all parties providing services related to the product D) all parties in the chain of distribution

Q: The ________ refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction. A) demand chain B) chain of command C) chain of distribution D) value chain

Q: Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following statements is true in this case? A) Bertha cannot be held strictly liable as she was providing a service. B) Bertha can be held strictly liable for the death of her patient. C) Bertha and the medical staff assisting the surgery are strictly liable for the death. D) The donor of the kidney can be held strictly liable for the death of the patient.

Q: Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a defect in the vehicle's Supplemental Restraint System (SRS), the airbag does not deploy and Ted is seriously injured. Which of the following statements is true of this situation? A) Martin can be held strictly liable because he sold the car to Ted. B) The car manufacturer cannot be held strictly liable as Ted had not bought the car from them. C) Martin cannot be held strictly liable as the sale of the car counts as a casual transaction. D) The driver of the other car can be held strictly liable due to his or her involvement in the accident.

Q: Allenby Spares, Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel, Inc. from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle. Which of the following is true in this situation? A) Allenby Spares cannot be held strictly liable since the brake was manufactured by TurboDiezel. B) TurboDiezel cannot be held strictly liable as the company is not the seller in this case. C) Neither Allenby nor TurboDiezel can be held strictly liable for the faulty brake. D) Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain.

Q: Which of the following statements is true about strict liability? A) It applies only to manufacturers of a defective product. B) It is liability without fault. C) It requires privity of contract between the plaintiff and the defendant. D) It covers casual sales and transactions.

Q: Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. The pacemaker is manufactured by Benford, Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. In the event that the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure? A) Benford, Inc. B) Dr. DeBenedetto C) Henry D) Sacred Heart Hospital

Q: ________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault. A) Absolute liability B) Contingent liability C) Superior responsibility D) Strict liability

Q: A civil action lawsuit in which the original defendant sues the original plaintiff for damages is known as ________.

Q: ________ is the making of false statements about a competitor's products, services, property, or business reputation.

Q: A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.

Q: Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.

Q: Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.

Q: Jessica files a frivolous lawsuit against Thomas claiming emotional distress because he plucked flowers from her garden without her permission. The judge exonerates Thomas. Thomas can now sue Jessica for malicious prosecution.

Q: In a lawsuit for malicious prosecution, the original defendant sues the original plaintiff.

Q: If a person did not have knowledge that his representation of facts was false, he is still liable for fraud.

Q: Intentional misrepresentation occurs when a wrongdoer deceives another person out of money, property, or something else of value.

Q: Disparagement is an untrue statement made by one person or business about the products, services, property, or reputation of another business.

Q: Which of the following is an intentional tort? A) breach of the duty of care B) defect in product manufacture C) disparagement D) negligence

Q: One student actor wins a part in a play over another student actor. To get back at the winning student, the rejected student files a lawsuit against the winning student alleging intentional infliction of emotional distress, defamation, and negligence. The jury returns a verdict exonerating the defendant. The defendant is now entitled to sue the plaintiff for ________. A) the tort of outrage B) malicious prosecution C) intentional misrepresentation D) misappropriation of the right to publicity

Q: Sending an objectionable telegram to a third party and signing another's name constitutes the tort of ________. A) invasion of the right to privacy B) defamation of character C) battery D) intentional misrepresentation

Q: Which of the following instances depict the tort of outrage? A) A farmer's crops are set on fire by an unidentified miscreant. B) A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress. C) A cosmetics company uses Julia Roberts' image without her consent to depict her as its brand ambassador. D) A beverage-manufacturer claims that its competitor uses coffee beans of poor quality.

Q: Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________. A) intentional misrepresentation B) the tort of appropriation C) disparagement D) the misappropriation of the right to publicity

Q: ________ is the liability of a professional who breaches his or her duty of ordinary care.

Q: A doctrine under which damages are apportioned according to fault is known as ________.

Q: ________ is a defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

Q: A(n) ________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

Q: ________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.