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60 Cards in this Set
- Front
- Back
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A wrong that results from a private duty is called a: a. crime b. tort c. criminal action d. none of the above |
b. tort |
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Concerning torts and crimes, select the correct statement: a. every tort is a crime b. every crime is a tort c. No crime is a tort d. A crime may also be a tort |
d. a crime may also be a tort |
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Louise strikes Betty, but not purposefully. In any event, Louise suffers a serious injury. Betty should sue Louise for: a. An intentional tort b. negligence c. Strict liability d. all of the above |
b. negligence |
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The tort of invasion of privacy includes: a. intrusion into private affairs b. public disclosure of private facts c. appropriation of another's name or likeness or image for commercial advantage d. all of the above |
d. all of the above |
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Torts are classified as: a. intentional only b. negligence only c. strict liability only d. intentional, negligence, and strict liability |
d. intentional, negligence, and strict liability |
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The widest range of tort liability arises in the area of: a. strict liability b. intentional torts c. negligence d. none of the above |
c. negligence |
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Which country provides the greatest recovery for tort? a. United States b. Japan c. United Kingdom d. Australia e. Canada |
a. United states |
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The concept of immunity from liability means that: a.one who injures another person can be held liable only voluntary acts b. certain persons are not subject to tort liability c. one who harms another person without intending to do so is not subject to tort liability d. one who harms a child never can be sued by the injured child's parents |
b. certain persons are not subject to tort liability
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Truth is not a defense to defamation. T/F |
F
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Truth is not a defense to invasion of privacy(at least some invasion of privacy torts). T/F |
F |
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There are five elements in a negligence case( a cause of action for negligence) consists of five elements. A plaintiff will win such a case if she can prove three or more elements. T/F |
F |
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A defendant cannot be liable for negligence if he never intended to harm the plaintiff. T/F |
F |
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When Ms. Palsgraf sued the railroad, New York's highest court ruled in her favor - it found that the railroad's employees should have forseen what might go wrong. T/F |
F |
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Some states are comparative negligence states, but, in 2016, the great majority are contributory negligence states. T/F |
F |
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Breach: |
a defendant's failure to perform a legal duty |
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Strict Liability |
Legal responsibility resulting from performing ultra-hazardous acts |
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Comparative negligence |
under this doctrine a plaintiff receives damage even if he/she were negligent |
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Invitee |
someone who has a legal right to enter upon land |
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Negligence |
a tort caused unintentionally |
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A landowner might be liable for negligence if her dinner guest fell on a broken porch step but would definitely not be liable if a trespasser fell on the exact same spot. T/F |
F |
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A victim of a tort may sue and recover money damages - but not if the defendant is criminally prosecuted for the same act (as this would be a violation of the rule against double jeopardy) T/F |
T |
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The same act may be both a breach of contract and a tort. T/F |
T |
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If a crime does not actually injure an identifiable person, it is not a tort. T/F |
T |
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A tort is a wrong resulting from a violation of a private - not a public -duty. T/F |
T |
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Strict liability is one type of tort. T/F |
T |
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Typically, careless actions that result in injuries to others are not torts. T/F |
F |
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For the plaintiff to win any tort case, she must prove that the defendant wanted to commit a wrongful act - that, is the plaintiff must prove that the defendant intended to do wrong. T/F |
F
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Motive is an element of tort liability. T/F |
F |
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Opinion is a defense in defamation suit. T/F |
T |
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A plaintiff can prove the tort of negligence without showing that he suffered damage or injury. T/F |
F |
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Defamation of a public figure requires what additional element? a. intent b. malice c. causation d. none of the above |
b. malice |
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The degree of care required of a person is: a. that which an extremely intelligent person would exercise in that situation. b. that which an extraordinarily careful person would exercise in that situation c. that which an ordinarily prudent person would exercise in that situation d. none of the above |
c. that which an ordinarily prudent person would exercise in that situation |
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California is a(n): a. andrews state b. cardozo state c. both a and b d. none of the above |
b. cardozo state
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A taxi driver is rushing to pick up a customer at the airport. As a result of the driver being in a hurry, he speeds through a 20mph hospital zone at 55mph and strikes Jim, who is crossing the street in a pedestrian crosswalk. Sadly, Jim was seriously injured. Jim sues the driver and the taxi company. What type of lawsuit is this? a. contract b. remedy c. assault d. battery e. negligence |
e. negligence
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Irene, a CSUEB student, is extremely upset that on her midterm examination she received a B- - instead of aB. During the very next class with the same instructor, irene stood up - during the instructor's lecture - and threw her laptop at the instructor. The instructor saw it coming and ducked just in time; the laptop smashed against the whiteboard. irene committed what tort? a. negligence b. assault d. slander e. no tort, since the laptop did not hit the instructor |
b. assault
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Let's stick with irene, but we will fast forward 10 years. irene just recently made partner at the San Francisco law firm of Dewey Cheatham and Howe. irene hired a new attorney, Jim. Irene did not like Jim's work product and she savagely berated him in front of 10 other employees (other attorneys, paralegals and legal secretaries). She called him a "total loser," an "incompetent," a 'failure as an attorney and as a person' and asked him rhetorically, "do you know how pathetic you are?" If Jim sues Irene. his best claim(cause of action) will be: a. assault b. battery c. intentional infliction of emotional distress d. negligence |
c. intentional infliction of emotional distress
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In most cases, a successful plaintiff receives compensatory and punitive damages. T/F |
F |
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A defendant cannot be successfully sued for defamation if the statement, no matter how harmful to the plaintiff is true. T/F |
T |
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Roy punches Ted in the nose. Ted did not see the punch coming. Roy has committed the tort of assault. T/F |
F |
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In cases where the plaintiff prevails on her claim punitive damages, she is limited by the: a. 25x rule b. 9x rule c. 5x rule d. 2x rule e. none of the above |
b. 9x rule
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A corporation itself cannot commit a crime. T/F |
F |
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Corporate directors, officers, and employees are individually liable for crimes that they personally commit, whether for personal benefit or on the corporations behalf. T/F |
T |
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Actus Reus refers to "evil intent" the possession of the required state of mine to commit a crime. T/F |
F |
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There is no such thing as a strict liability crime, though there are strict liability torts. T/F |
F |
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In many cases, a person injured by a criminal act will not sue the criminal to recover damages. T/F |
T |
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Mala prohibita crimes are the most serious crimes. T/F |
F |
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Penal codes are collections of criminal statutes. T/F |
T |
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In a criminal prosecution, the government(not a private party) is the plaintiff. T/F |
T |
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In many criminal cases, the government enters into a plea bargaining agreement with the defendant, the government does this for the following reason(s): a. avoid the risks of trial b. save costs c. prevent further overcrowding of prisons d. all of the above |
d. all of the above
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A plea of nolo contendese (no contest) means that the accused agrees to the imposition of a penalty but does not admit guilt. T/F |
T |
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Which statement is incorrect? a. if the defendant is found guilty, he/she may appeal b. if the defendant is found not guilty, the govt cannot appeal. c. If the jury cannot come to a unanimous decision about the defendant's guilt, the jury is considered a hung jury. d. In the event the just cannot come to a unanimous decision about the defendant's guilt, the government may choose to retry (re-prosecute) the case before a new judge and jury e. none of the above |
e. none of the above
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Burglary is defined as the taking of personal property from another person by use of fear or force. T/F |
F |
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Robbery is the taking of personal property from another's home, office, commercial building or other structure after entering the building/structure without authority. T/F |
F |
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Zuckerman, a crooked brink teller, steals cash that wins deposited by customers of the bank, this is robbery. T/F |
F |
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"White collar crimes" typically, involve cunning and deceit - not physical force. T/F |
T |
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The crime of bribery can involve: a. money b. property c. favors d. anything of value |
d. anything of value |
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Ned Nogoodnik is the purchasing agent for Widgoo, INc. It is his job to purchase all of the equipment that Widgoco needs to manufacture its widgets. Carol Crook is a sales representative for a company that makes certain equipment that Widgoco can use to make its widgets. Carol offers to pay Ned a 10 percent "kickback" if he buys equipment from her, Ned accepts the offer and orders the equipment. Which statement is correct? a. Ned is guilty of bribery b. Carol is guilty of bribery c. Both Ned and Carol are guilty of bribery d. None of the above |
c. Both Ned and Carol are guilty of bribery |
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Which statement is incorrect? a. a person changed with a crime in any U.S. jurisdiction (state territory) is presumed innocent until proven guilty b. The government has the burden of proof to prove that the accused (the defendant) is guilty of the crime charge c. The defendant -to be convicted-must be found guilty by "clear and convincing evidence" d. None of the above |
c. The defendant -to be convicted-must be found guilty by "clear and convincing evidence"
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There is no such thing as criminal negligence. T/F |
F |
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A person can be held criminally liable for an incomplete crime/unsuccessful attempt to commit a crime. T/F |
T |
