Criminal Law
What is the burden of proof in a criminal law case?
A) Preponderance of the evidence
B) Clear and convincing evidence
C) Beyond a reasonable doubt
D) Probable cause
C) Beyond a reasonable doubt
A civil wrong that causes harm or loss, leading to legal liability
A) Crime
B) Tort
C) Contract
D) Breach of duty
B) Tort
A false statement presented as a fact that causes harm to someone's reputation
A) Perjury
B) Defamation
C) Harassment
D) Extortion
B) Defamation
What did Miranda v. Arizona establish?
A) Brady Rule
B) Strict Liability
C) Miranda Rights
D) Arizona Criminal Law
C) Miranda Rights
What type of damages is awarded to a plaintiff not to compensate for losses but to punish the defendant for reckless behavior?
A) Liquidated damages
B) Compensatory damages
C) Punitive damages
D) Restitution
C) Punitive damages
What are the most serious offenses, punishable by more than a year in prison?
A) Misdemeanor
B) Felony
C) Infraction
D) Tort
B) Felony
What refers to deliberate actions to cause harm?
A) Negligence
B) Contributory Negligence
C) Strict Liability
D) Intentional Torts
D) Intentional Torts
What refers to carelessness leading to harm?
A) Strict Liability
B) Punitive damages
C) Assumption of risk
D) Negligence
D) Negligence
Why did palsgraf lose her case in palsgraf v long island railroad?
A) The event was not reasonably foreseeable
B) She failed to prove she was injured
C) The railroad did not owe her a duty of care
D) She was injured before the event
A) The event was not reasonably foreseeable
Who brings the case in a civil trial?
A) Government
B) Plaintiff
C) Defendant
D) Judge
B) Plaintiff
Less severe crimes, punishable by up to a year in jail
A) Misdemeanor
B) Felony
C) Infraction
D) Tort
A) Misdemeanor
What refers to written or published false statements
A) Slander
B) Per se
C) Negligence
D) Libel
D) Libel
What term refers to when the plaintiff knew the risk and took it willingly?
A) Contributory Negligence
B) Strict Liability
C) Comparative Negligence
D) Assumption of Risk
D) Assumption of Risk
In Katko v. Briney, the Brineys set a spring-loaded shotgun in their empty farmhouse. Katko broke in and was seriously injured. He sued for battery. Why did Katko win the case?
A) He was not breaking the law when he broke in
B) There was nothing valuable in the house
C) The property was unoccupied
D) He thought it was his house
C) The property was unoccupied
What does Stare Decisis mean?
A) In good faith
B) Let the decision stand
C) Buyer beware
D) Let the jury decide
B) Let the decision stand
Who brings the case in a criminal trial?
A) Government
B) Plaintiff
C) Defendant
D) Judge
A) Government
In which situation do both parties share fault, and the plaintiff’s damages are reduced by their share of blame?
A) Contributory Negligence
B) Comparative Negligence
C) Assumption of Risk
D) Negligence per se
B) Comparative Negligence
Why is it harder for public figures to sue for defamation?
A) They must show actual malice
B) They must prove they were personally offended
C) They must prove the statement was made under oath
D) They must prove the statement is false, unlike non public figure cases
A) The must show actual malice
In the case of Liebeck v. McDonald’s, the jury awarded Liebeck $200,000 in compensatory damages, which were then reduced to $160,000 due to…..
A) Unusually High Damages
B) Comparative Negligence
C) Contributory Negligence
D) Assumption of Risk
B) Comparative Negligence
What is money awarded to a plaintiff to compensate for actual losses, meant to restore what was lost?
A) Punitive Damages
B) Restitution
C) Liquidated Damages
D) Compensatory damages
D) Compensatory damages
Using a weapon, repeat offenses, or causing serious bodily injury are all examples of ___________ factors that will increase the severity of a crime
A) Aggravating
B) Motivating
C) Mitigating
D) Exonerating
A) Aggravating
What are the four elements of a tort?
A) Duty of care, Causation, Compensatory damages, Damages
B) Duty of care, Breach of duty, Causation, Damages
C) Breach of duty, Assumption of risk, Damages, Punitive damages
D) Duty of care, Breach of duty, Intentional tort, Damages
B) Duty of care, Breach of duty, Causation, Damages
What are the elements of defamation?
A) False Opinion, spoken out loud, intent to harm
B) False Statement, shared with third party, intent to harm
C) False statement, shared with third party, damages
D) False Statement, spoken out loud, damages
C) False statement, shared with third party, damages
Grimshaw v Ford Motor Company established _______ damages for strict liability cases.
A) Punitive
B) Compensatory
C) Comparative
D) Capped
A) Punitive
What is it called when a defamation case is about criminal behavior, professional misconduct, loathsome disease, or severe moral failings and harm is automatically assumed
A) Libel
B) Slander
C) Per Se
D) Damages
C) Per Se