Criminal Law
Which of the following is the most serious:
a. Felony.
b. Misdemeanor.
c. Infraction.
d. Theft.
a. Felony.
What is a tort?
a. A breach of contract.
b. A civil wrong that is not a breach of contract.
c. Filing in the wrong jurisdiction.
d. Another name for a judge.
b. A civil wrong that is not a breach of contract.
Which of the following is NOT one of the 4 elements required to prove negligence?
a. duty
b. breach
c. consideration
d. damages
c. consideration
Which of the following is a purpose of criminal sanctions:
a. Deterrence
b. Rehabilitation
c. Incapacitation
d. All of the above
d. All of the above
A person who commits a tort is called a __________.
a. Good Samaritan
b. Caveat emptor
c. Tortfeasor
d. Tortoise
c. Tortfeasor
True or False.
Negligence law contemplates that each person must act as a reasonable person of ordinary prudence would have acted under the same or similar circumstances.
True
What Amendment protects persons against unreasonable and arbitrary searches and seizures?
a. First Amendment
b. Second Amendment
c. Fourth Amendment
d. Fifth Amendment
c. Fourth Amendment
Torts have four types of wrongfulness. Which of the following is NOT one of those types:
a. Consumption
b. Intentional
c. Negligent
d. Strict Liability
a. Consumption
True or False
Causation in fact is the connection/foreseeability of the act.
False.
The government may not enact an ex post facto law.
True or False?
True
The government may not enact an ex post facto (after the fact) law (US Const., Art. I Sec. 10).
Which of the following is a category of intentional torts?
a. Interference with personal rights
b. Interference with private property rights
c. Both a and b are categories of intentional torts
d. Neither a nor b is a category of intentional torts
c. Both a and b are categories of intentional torts
True or False.
Imposing strict liability is a social policy decision that risk associated with an activity, especially abnormally dangerous activities, should be borne by those who pursue it, rather than by innocent persons who are exposed to the risk.
True
Which Amendment provides a privilege or protection against compelled testimonial self-incrimination?
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Seventh Amendment
b. Fifth Amendment
_________ are damages for the harm a plaintiff suffered as a result of a defendant’s wrongful act (ex. covering actual losses like medical bills and lost wages).
a. Compensatory damages
b. Punitive damages
c. Justified damages
d. Interrogatory damages
a. Compensatory damages
Which of the following is a theory of product liability?
a. misrepresentation (fraud)
b. warranties
c. strict liability
d. all of the above
d. all of the above