Torts
Crimes
Defenses
Scenarios
RANDO
100
In a civil/tort case, if the defendant loses the judgement, what happens to them?
They must pay damages (money) to the plaintiff
100
homicide that is done with premeditation, intent, and malice
1st degree murder
100
Presentation of evidence that at the time of the crime, the defendant had not reached the age of criminal responsibility
infancy defense
100
In North Carolina, the legal age of consent is 16. For those who are 16 and 17 years old, statutory rape applies if the older party is more than _____ years older than the younger party. At 18 years old, statutory rape no longer applies and the individual is considered a legal adult.
4 years
100
BAC limit for those under 21 while driving
0% (zero tolerance)
200
This type of damage are paid to compensate for harm caused (ex: damage to property, medical bills, physical/emotional distress)
compensatory damages
200
Latin for "guilty mind," the prosecution must prove that the accused person committed prohibited act intentionally, willfully, and knowingly
mens rea
200
Presentation of evidence that at the time of the crime, the defendant was so drunk/high that they did not know the criminal nature of the act.
intoxication defense
200
Megan is stopped in a routine traffic check-point. While the police officer is waiting for her to present her driver’s license and proof of insurance, he notices a pipe commonly used to smoke crack cocaine in her backseat. The officer confiscates the pipe and sends it to the laboratory to be checked for drug residue. Which crime would Maria most likely be arrested for and charged with?
(possession of) drug paraphernalia
200
What is the most commonly abused drug?
alcohol
300
This type of damages are paid to punish the defendant for excessive wrong-doing.
punitive damages
300
Killing that is done with malice and intent, but without premeditation
2nd degree murder
300
Presentation of evidence that the defendant committed the crime but claims that he/she was persuaded to commit the crime by a law enforcement officer.
entrapment defense
300
Dexter Morgan is a serial killer who only kills those who hurt innocent people and society as a whole, including murderous criminals and rapists. He knows he is committing homicide, however he rationalizes that he is riding society of criminals. His reason for killing is his:
motive
300
Which of the following will NOT be charged with the same crime as the other 3? principal, accomplice, accessory before the fact, accessory after the fact
accessory after the fact
400
Purposeful destruction of property would be what kind of tort?
intentional wrong
400
Homicide that occurs when the victim has done something to the killer that would cause a reasonable person to lose self control, "heat of passion"
voluntary manslaughter
400
Presentation of evidence that the defendant committed the crime as a result of coercion or a threat of immediate danger to life or safety.
duress defense
400
22. In the case concerning McDonald’s hot coffee, the McDonald’s Corporation knew that the coffee was far too hot for immediate consumption. They had received previous complaints and even paid off lawsuits prior to Ms. Liebeck’s third degree burn incident, but had not lowered the temperature of the coffee. McDonald’s committed what kind of tort in the case concerning Ms. Liebeck?
negligence
400
The physical criminal elements/actions that constitute a crime as defined by criminal law, Latin for "guilty act"
actus reus
500
A person can be sued for the tort of _________________ in certain dangerous situations even if they aren't negligent.
strict liability
500
Conspiracy, attempt, and solicitation are all what kind of crime?
Preliminary crime
500
Presentation of evidence that the defendant committed the crime while reacting to a situation that was unavoidable in order to protect life.
necessity defense
500
Rachel is a prominent stockbroker in New York City. Her clients give her their money, trusting that she will invest it wisely. However, Rachel has been pocketing some of the money for herself. Rachel is committing:
embezzlement
500
A house is what type of property?
"real" property
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