Tort Law
Which of the following would not be considered an intentional tort?
A. False Imprisonment
B. Battery
C. Liability
D. Emotional distress
C. Liability
T/F: In order for a case to be heard by the supreme court, four of the nine justices must concur.
True- This question describes the rule of four.
In which stage of litigation does the gathering of evidence occur?
A.) Complaint stage
B.) Pre-trial stage
C.)Discovery stage
D.)Trial stage
In the criminal court, an individual is found to be _______ or ______.
A.) guilty; innocent
B.) liable; not liable
C.) guilty; not guilty
D.) liable; innocent
C. guilty/not guilty
A party is held liable for damages/negligence against another individual in civil matters. In criminal matters, the prosecution must prove that the defendant was guilty in commiting a crime. Per the law, innocence cannot be proved.
If there is insufficient evidence that supports a defendant's guilt, then the defendant is "not guilty", but not innocent
In legal theory, the term Mens rea refers to _______.
A guilty mind, which is interpreted as criminal intent
Tort cases are tried in ____ courts...
A.) Civil
B.) Criminal
A.) Civil
Supreme court justices are appointed by...
A.) By the people
B.) The Senate
C.) The House of Representatives
D.) The president
E.) The president and congress
F.) The president and the senate
F.) The president selects the justices, and the senate approves of them
T/F: Witnesses and evidence are cross examined in the pre-trial phase of litigation
False
Evidence and witness testimony is cross examined in the trial phase
T/F: Criminal prosecution involves an individual against the government
True: In criminal trials, the prosecution is represented by the government.
Which of the following is an example of an injunction?
A.) Fines
B.) Monetary Compensation
C.) Mediation
D.) Restraining order
D. Restraining order
Which of the following would best describe an outcome of a civil tort case?
A.) financial compensation
B.) imprisonment
C.) fines
D.) community service
A.) financial compensation
All the other options describe potential outcomes for criminal matters
The federal court system consists of ___ district courts and ___ circuit courts.
A.) 16;50
B.) 50;13
C.) 94;13
D.) 94;50
E.) 13;94
C.) There are 94 Federal district courts and 13 federal circuit courts
Which of the following stages comes first in the litigation process?
A.) Pretrial stage
B.) Motion for settlement
C.)Motion to dismiss
D.) Complaint
D.) Motion for Summary judgment
E.) Appeal
D.) complaint - the plaintiff brings an account of all the wrongdoings/damages suffered at the hands of the defendant. This represents the beginning of a lawsuit
In criminal trials, prosecution must provide evidence that proves the defendant's guilt to be ______.
beyond reasonable doubt
Real property can be broken down into _____ property which includes vehicles, furniture, electronic devices; and _____ property which includes finances, stocks, or property protected under copyright law.
Tangible;Intangible
Which of the following is not included as an element of tort law?
A.) duty of care
B.) standard of care
C.) damages
D.) wrongful act
E.) remedy
B. standard of care
Why are very few cases heard by the supreme court?
A.) Because the judges don't have time
B.) Because the judges can't agree on which cases to hear
C.) Because the judges choose important cases that involve constitutional conflicts of law
D.) Because not enough cases make it to the supreme court due to a lengthy and arduous process
E.) A and C
F.) C and B
E.) A and C - the supreme court hears very few cases because they have to choose roughly 100-150 cases out of the 7,000 requested for review per year. As a result, the judges must discern the most pertinent cases that involve previous supreme court decisions, constitutional law, or cases that would resolve a conflict of law.
Which of the following would be most likely to occur if a defendant neglects a court summons for litigation?
A.) The court files a warrant for the defendant's arrest
B.) The judge awards the plaintiff with all damages sought
C.) The judge files a motion to dismiss the case
D.) The judge will fine the defendant in addition to awarding the plaintiff with all damages they sought
B.) If the defendant fails to show up to a summons hearing, the judge will award the plaintiff with the damages sought, as the defendant cannot present their case in defending themselves against the plaintiff's charges.
Which of the following does not describe the purpose(s) of criminal law?
A.) Control and prevent crime to protect society
B.) Define and distinguish between minor and serious offenses
C.) Punish individuals found at fault for negligence
D.) Provide rehabilitation programs for individuals accused of crimes
C.) Negligence falls under tort law, which falls under civil law
The latin term meaning "to be more informed" refers to a higher court's decision to review a hearing made in an appellate court. This term is known as a ______
Writ of Certiorari
In Negligence torts, the Plaintiff must prove that the Defendant failed to uphold a ________ and is therefore ______ for negligent-related damages.
A.) standard of care; liable
B.) standard of care; at fault
C.) duty of care; liable
D.) duty of care; at fault
D.) standard of care is not an element of a tort. When discussing tort law, the plaintiff must prove that the defendant was at fault for damages.
What are the two most common ways a case reaches the supreme court? (Select 2)
A.) Appeal from a state district court
B.) Appeal from a U.S. Circuit court
C.) A writ of certiorari
D.) A petition signed by an attorney
B and C: If a case is successfully appealed from the U.S. circuit courts, the supreme court will grant a writ of certiorari.
T/F: A settlement can be reached at any point in the litigation process
True: Many cases involving civil suits do not proceed to the trial phase because it is often more expensive, time consuming, and unnecessary. Settlements aim to efficiently resolve a civil dispute.
T/F: In criminal cases, only the defendant may appeal the final verdict
True
The prosecution (being the state or federal government) cannot appeal a verdict
All of these apply to the Principle of Legality except...
A.) The Principle of Legality requires that people are to be informed about behaviors/acts punishable by law
B.) The Principle of Legality establishes what is considered acceptable or unacceptable behavior
C.) If the law deems an action illegal after one has committed the act, one cannot be held accountable for breaking the law
D.) The Principle of Legality includes precedents, which establish standards as to how the law may be interpreted in cases with similar case facts
D.) Stare decisis is the legal doctrine that judicial decisions are precedents for interpretation of the law in future cases with similar case facts.
The principle of legality aims to establish standards for lawful/unlawful behavior and in and of itself doesn't include Stare decisis.