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184 Cards in this Set

  • Front
  • Back
____ may be a positive or negative act that violates a statute of local, state or federal law
When you commit a crime, the violaiton is against the ________
Today all crimes are based on ______
T/F - There is a common criminal law
FALSE - there is NO common criminal law
___ degree felony - maximum of life
___ degree felony - maximum of 10 years
___ degree felony - maximum of 5 years
T/F - Nebraska has mandatory MINIMUMS for imprisonment
_____ - prison up to 1 year
_____ - prison of at least 1 year
T/F - even if you get probation for 5 months, but maximum penalty was 2 years, it still is considered a felony
A person if innocent until proven guilty beyond ______ _______
reasonable doubt
Constitutional protections that person has. If government violates those protections, they CANNOT use that evidence in court.
Exclusionary Rule
Initiation of any criminal case begins with ____ ______
probable cause
____ _______ - crime committed and person charged committed the crime
Probable Cause
Once a person is arrested, has to be processed and brought before a _____
Felony has to go to a _____ _____
district court
T/F - if case is a felony, there has to be a finding of probable cause before the case can proceed
T/F - if probable cause not found, the case still can proceed
Defendant has right to ____ if found guilty
Burden of prove is always on the ______
T/F - If found not guilty, government can appeal
FALSE - Cannot appeal
T/F - person does NOT have to know the act is unlawful
TRUE - person has to knowingly do an act that in unlawful
_______ - person plans a crime and takes a substantial step toward the commission of the crime, even if the crime didn't occur
Usually 1 person involved in _____
________ - agreement between two or more people to commit a crime and in furtherance of the agreement, an overt act is committed by one person
_________ ____ - an act performed to carry out the objectives of the conspiracy
Overt act
Larceny is same as ____
____ ______ ______ - if you commit a felony and person is killed unintentionally, you can still be charge with murder
Felony Murder Rule
______ is also like blackmailing. "If you don't do something, I will...."
________ - giving something in value to do an action
T/F - Corporations CAN commit virtually all criminal statutes (same as individuals)
For corporations, penalties are usually _____ rather than jail
_______ - take away profit from the crime
_______ - terminate the business so that it no longer exists
________ - business restructured to prevent illegal operation
Today, guidelines are _______, not mandatory
____ ______ programs - if corporation commits crime, but aknowledges they messed up, they can do this program and fine will be reduced
Corporate Compliance Program
_____ is a breach of duty owed to another that causes harm (You against the defendent)
4 elements of negligence
1) Duty of Care
2) Breach (failure) duty of care)
3) Causation
4) Injury - harm to the injured party
T/F - have to have all 4 elements of negligence to prove case of negligence
Objective standard - "what would a reasonable man do"
Reasonable person standard
What is purpose of a tort?
Purpose is to make the victim whole for the negligent act
_____ - creating reasonable fear or harm
_____ - physical contact
______ _________ - when plaintiff did something that added to the injury caused to the Plaintiff (accident happens b/c guy drive through red light, but other person was going 100mph)
Contributory Negligence
______ _______ - intentional confinement of a person without justification and interference of a person's right to move freely (kidnapping)
false imprisonment
________ - false and malicious statements made about a person or business
verbal defamation
written defamation
____ is always a defense
3 types of torts
1) negligence
2) intentional torts
3) Strict liability
Standard of care for negligence based on an _______ ________
objective standard
T/F - there DOESN'T have to be injury or damage to recover for negligence
FALSE - there has to be injury or damage to recover for negligence
T/F - the negligent act DOESN'T have to cause the injury
FALSE - negligent act DOES have to cause the injury
_______ _________ rule was used to find the power company guilty in Goldberg v. Florida Power and Light (turned of traffic lights, accident, girl died)
Proximate Cause Rule
_______ or ________ ____ - an act that breaks the connection between the negligent act and the injury (argument by defendent that something broke the line that caused the injury..not the original act)
Superseding or Intervening Act
_______ ___ __ _____ - plaintiff voluntarily engages in risky activity knowing the risk involved
Assumption of the Risk
_____ _______ - computes the negligence of both parties (defendent 1 is 30% guilty, 2 is 40%, plaintiff is 30%)
Comparative Negligence
"Sienter (sp?)"
"Sienter (sp?)"
____ ________ are paid to compensate the claimant for loss, injury, or harm suffered as a result of the breach of the person (damage for car-how much money you would receive)
compensatory damage
_______ _______ - intended to punish the activity
punitive damages
____ ________ are paid to compensate the claimant for loss, injury, or harm suffered as a result of the breach of the person (damage for car-how much money you would receive)
compensatory damage
_______ _______ - intended to punish the activity
punitive damages
______ _______ are damages for intentional torts
punitive damages
______ _______ are damages for intentional torts
punitive damages
"Sienter (sp?)"
"Sienter (sp?)"
____ ________ are paid to compensate the claimant for loss, injury, or harm suffered as a result of the breach of the person (damage for car-how much money you would receive)
compensatory damage
_____ _______ - ability of person to recover for damages when a product malfunctions
product liability
ORIGINALLY, product liability required privity of contract. Only person who could sue was the _______
Product liability based on strict liability (restatement 402A) says -
if you sell it, you're responsible for it
______ defects focuses on design of the product, not on any negligence in the production
Crime must be defined by _____ or ______ ________
statute or local ordiance
Violation of a _______ is against GOVERNMENT
______ _______ _______ - any criminal activity for financial advantage that occurs in the course of business
while collar crimes
__________ - price fixing and certain other anti competitive prices
A person is innocent until proven guilty beyond a ______ ________
reasonable doubt
Initiation of criminal case begins with _____ _____
probable cause
__________ ______ - crime has been committed and the person charged committed the crime
Probable Cause
If case is a ______ - court will set the matter for a trial
If case is a ______ - has to be finding of probable cause before the case can proceed. If probable cause is found, case proceeds to arraingment where suspect enters a plea of guilty or not guilty
____ ____ - willful intent, criminal intent
Mens Rea
_____ _____ - the act, wrongful deed
Actus Reus
Persons accused or crime, or held in suspicion of crime must be informed their _____ _____
miranda rights
Miranda rights
Right to remain silent, right ot be represented by a counsel, statements they make can and will be used against them in court
______ ______ - if evidence is gathered improperly it may not be used in trial
exclusionary rule
Charging decisions - ______ or _____: what was the objective of the criminal act?
Purpose or Intent
_________ - person is aware of what they're doing and it's not through ignorance, mistake or accident
Breach of duty owed to another that caused harm
_______ - protects people from harm from other's unintentional but legally careless conduct
________ - wrong committed upon the person or property of another, actor is expressly or impliedly judged to have intended to commit the act that led to injury
intentional torts
____ _____ - imposes responsibility for damages regardless of the existence of negligence; any good sold that has a defect that causes injury to the imposition of liability
strict liability
Standard of care based on ______ _________
reasonable person
_______ - casual connection between the negligent act and the injury
_____ _____ ____ - negligence presumed from act
Res ipsa loquitur
Neglegent act must have caused _____
Purpose of tort
to make the victim whole
To be liable person must have an ___ ____ ____
act, intent, motive
Elements of Fraud and Deceit
1. misrepresentation of material facts
2. intent to deceive
3. knowledge that facts are false
4. victim's reliance on the facts
5. relationship that created a legal obligation
6. causation
7. damages
Lightle v Real Estate Commission ruled that Lightle committed _____ _________
fraudulent misrepresentation
Torts related to businesses elements
1. existence of a contractual relationship between injured business and another party
2. known to the wrongdoer
3. intentionally interferes with that relationship
strict liability is liability without ____
____ ______ involves inherently dangerous activity (serious harm, high degree of risk, activity not performed commonly in the community)
Strict Liability
Matrix v. Rawlings case - who won? What did jury claim?
Breach of contract and tortious interference
Standard of care - ________ care (degree of care that a person of ordinary prudence would use in the same or similar circumstances or in the same line of business)
Reasonable care
MacPherson v. Buick was first case to reject (get away) from the idea of _________, got towards new standard of NEGLIGENCE
Macpherson v. Buick - who won?
Buick is responsible for all finished products
_____ ______ - ability of a person to recover for damages when a product malfuncitoned
product liability
Strict liability under _______ - doctrine resolved this by holding manufactures liable to consumers injured by defective products even though the manufacturer exercised all reasonable care
Strict liability under _____ - manufacturers are strictly liable for defective products (simplified the legal basis for injured plaintiffs b/c some plaintiffs can be faced with the problem of showing a warranty existed)
Courts ____ worry about carefullness, due care, reasonableness, etc.
Product liability based on ________ - failure to design and manufacture product as a reasonable person would; have to show cuasation between injury and negligence
Product liability based on ______ - misrepesentation of a material fact concerning the character or quality of the good being sold - applies to anyone using the product
Categories of product defenses:
manufactured wrong, designed wrong, and instructions were wrong
Greenman v. Yuba - who won? What else happened?
Greenman won - court said producer is striclty liable in tort (company held liable) - spurred 2nd restatement of torts (product liable)
_____ _____ has duty to take reasonable steps to insure that its buyer is knowledgeable and equipped to provide warnings to ultimate users, but doesn't have to police the details of what is done as the product continues down the chain
bulk supplier
______ _____ ________ - relieves manufacturer of liability for failing to warn of a product's characteristics or dangers when the end user knows or reasonably should know of a product's danger
sophisticated user defense
_________ - legally recognized justification for the actions that relieves the defendant of liability
______ _ _______ - defense requires that the injured party knew or should have known of the risk and that the risk was voluntarily assumed
assumption of risk
__________ ________ - damages are reduced by the % of the injuries caused by the plaintiff's own negligence
contributory negligence
contributory negligence is _____ a defense
Purpose of a tort law
to make the person completely whole
_____ _______ applied b/c of the nature of the risk of activity (demolition, railroad, construction)
strict liability
_______ - legally protected expectation of being able to use a thing for one's advantages; not the physical existence that matters as much as the right to use the property for one's purposes
_____ - land and the space above and below the land and permanetly attached to the land; conveyed by a deed (HOUSE)
____ - things not attached to land, conveyed by a bill of sale or title (CAR)
________ - visible and has a physical presence
_________ - invisible value; copyright, annuities, stocks, bonds, debts
T/F - usually owners of property DO NOT have all rights to subsurface on land (oil, gas, water)
T/F - owners have right to airspace above property
_____ - personal property attached to real property sot hat the law will consider it part of the property (barns on farms)
_____ - primary way to transfer ownership in property
Statutory requirements in order for deed to be valid
1. must be signed by owner to transfer
2. delivered to the grantee
3. deed must contain full description of property
4. signed by a notary
_____ - personal property, comes from a receipt of a valid deed (means by which owner of property has legal possession of the property; formal right of ownership; no other person can claim ownership)
_______ ______ deed - provides buyer with most protection against defects in the title of land
general warranty
_____ ______ deed - seller warrants that he did nothing lessen the real estates value and doesn't warrant what prior owners have done
Special Warranty
______ ___ _____ deed - seller doesn't warrant or guarantee title, but does convey title to the purchaser
bargain and sale deed
________ deed - deed transfers to the buyer whatever interest the grantor has in property (divorce, child support)
Have to have a ________ of transfer of ownership
_______ is right to ownership in real property
______ in real estate classified as either freehold estates or nonfreehold estates
______ estate - owner holds the right to land for an undetermined time period
fee simple _______ - title to land held with virtually no restrictions (complete control of property)
fee simple _______ - title to land is taken away under certain conditions
____ ______ - right to own/sell property
fee simple
Fee simple subject to a _______ _________ - title to land taken away if a specific event occurs
condition subsequent
_____ ______ - duration of the estate is measured by the life of one or more persons
life estates
True/Flase - in life estates, owner conveys land to another (life tenant) to occupy the land during the tennant's lifetime
______ ownership - holding property with another
_______ ___ ______ - two or more people own a undivided interest in the property. Ownership doesn't have to be equally divided. Can be obtained through deed, will, or other convenyence. If one owner dies, has to go to probate (court) to see who receives remainder or interest.
tenancy in common
____ ______ - two or more people own an undivided interest in property, if tenant dies, their interest goes to remaining tenants
______ _____ __ ______ - applies only to husband and wife, neither spouse can transfer their interest in the land without consent of the other
Tenancy by the Entirety
______ ____ ________ - legitimate tenancy has ended but tenant retains possession of property without permission
tenancy by sufferance
_______ - right to limited use of a person's property without possessing the property (telephone, sidewalk, waterline, cable)
_____ can be created by deed, will, contract, or statute, can also be acquired by adverse possession
_____ of easements - allows the easement holder to go on estate for certain purposes
_____ of easements - giving up a right that owner of estate would normally have
_________ - not a legal interest in an estate, but is similar to a contract with the estate;l used in subdivisions
_____ used in subdivisions to mandate size of home, size of lot, etc. Puts restrictions on property (Big Sandy regulations)
Leases classified as -
tenancy for years
tenancy from period to period
tenancy at will
Tenancy _______ - specified in the contract. Once period ends posseision returns to owner (Specific term)
for years
Tenancy ________ - does not specify length, but does say that payments made at regular intervals (rollover agreement)
from period to period
Tenancy _______ - can be determined at any time (rent for as long as both agree - landlord/tenant can leave whenever they want)
at will
Rights of tenants
1) tenant has expectation of privacy
2) landlord does have right to come on property to make repairs/inspect for problems
3) if repairs not made, tenant has right to terminate lease
Duties of tenants
1) not abuse or misuse property
2) pay rent according to lease
____ ______ - superior ownership of the govt. may limit ownershpi rights of owner. Govt. can condemn land for public use (highways)
Eminent domain
____ has become primary method of local land control
_______ - improper activity that interferes with another's use of and enjoyment of property
_____ _________ - activity that interferes w/ public's enjoyment (sex shops in NYC, drug houses)
public nuiscance
_______ _______ - property interest of individuals (cattle and hog operations)
private nuisacne
_______ - retaining and using property of another w/out permission or authority
___________ - using and retaining property of another that is protected (using illegal version of Windows)
In 12 Angry Men, the lady eyewitness had ____ marks on her nose
In 12 Angry Men, they thought standard of proof was beyond _____ doubt
In 12 Angry Men, they had the ______ burden of proof
In 12 Angry Men, when the man took the store knife into the jury room, it was illegal based on ______ ______
reversable error
In 12 Angry Men, jury was all _____ men
In 12 Angry Men, the verdict must be _______ (same as now)
In 12 Angry Men, the kid was charged with ______ his dad
In 12 Angry Men, if all 12 men dont agree unanimously, it's called a _____ _____
hung jury
Any act done in violation of those duties which an individual owes to the community, and for the breach of which the law has provided that the offender shall make satisfaction to the public
___ _____ determines probable cause
grand jury