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 false statement presented as a fact that causes harm to someone's reputation
A) Perjury
B) Defamation
C) Harassment
D) Extortion
B) Defamation
True or False: Verbal contracts can be valid contracts
True
True or False: A protected businesses trademark can be used if an individual or organization is parodying it in a playful or critical manner.
True
What refers to written or published false statements
A) Slander
B) Per se
C) Negligence
D) Libel
D) Libel
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 carelessness leading to harm?
A) Strict Liability
B) Punitive damages
C) Assumption of risk
D) Negligence
D) Negligence
Contracts that are based on actions, such as ordering food at a restaurant
A) Express Contracts
B) Implied Contracts
C) Unilateral Contracts
D) Bilateral Contracts
B) Implied Contracts
True or False: Copyrights must be registered in order to have legal protection
False
What refers to deliberate actions to cause harm?
A) Negligence
B) Contributory Negligence
C) Strict Liability
D) Intentional Torts
D) Intentional Torts
Less severe crimes, punishable by up to a year in jail
A) Misdemeanor
B) Felony
C) Infraction
D) Tort
A) Misdemeanor
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
When the original purpose of the contract is no longer valid due to unforeseen circumstances.
A) Material Alteration
B) Hell or Highwater
C) Frustration of Purpose
D) Breach of Contract
C) Frustration of Purpose
What are the 4 main types of intellectual property?
Patents, Trademarks, Copyrights, Trade Secrets
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
Who brings the case in a criminal trial?
A) Government
B) Plaintiff
C) Defendant
D) Judge
A) Government
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) They must show actual malice
A clause that requires a party to fulfill their obligations, no matter the circumstances.
A) Act of God Clause
B) Hell or Highwater Clause
C) Impossibility of Performance Clause
D) Breach Clause
B) Hell or Highwater Clause
What is a patent for how something works?
A) Design Patent
B) Utility Patent
C) Construction Patent
D) Plant Patent
B) Utility Patent
Unforeseeable events beyond a party’s control that prevent contract fulfillment. Example: Natural disasters
A) Force Majeure (Act of God)
B) Hell or Highwater
C) Material Alteration
D) Impossibility of Performance
A) Force Majeure (Act of God)
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 5 essential elements of a contract?
A) Offer, Acceptance, Consideration, Capacity, Legality
B) Offer, Negotiation, Payment, Validity, Witness
C) Proposal, Agreement, Payment, Authority, Documentation
D) Agreement, Price, Responsibility, Signature, Breach
A) Offer, Acceptance, Consideration, Capacity, Legality
How long does a copyright last?
A) 20 years
B) Creators Lifetime
C) Creators Lifetime + 70 Years
D) Creators Lifetime + 90 Years
C) Creators Lifetime + 70 Years
When fulfilling the contract becomes objectively impossible. Example: A concert venue burns down before the event.
A) Force Majeure (Act of God)
B) Hell or Highwater
C) Material Alteration
D) Impossibility of Performance
D) Impossibility of Performance