Blaw Test 2

Front 1

____ may be a positive or negative act that violates a statute of local, state or federal law

Back 1

Crime

Front 2

When you commit a crime, the violaiton is against the ________

Back 2

government

Front 3

Today all crimes are based on ______

Back 3

statutes

Front 4

T/F - There is a common criminal law

Back 4

FALSE - there is NO common criminal law

Front 5

___ degree felony - maximum of life

Back 5

first

Front 6

___ degree felony - maximum of 10 years

Back 6

second

Front 7

___ degree felony - maximum of 5 years

Back 7

third

Front 8

T/F - Nebraska has mandatory MINIMUMS for imprisonment

Back 8

True

Front 9

_____ - prison up to 1 year

Back 9

misdemeanor

Front 10

_____ - prison of at least 1 year

Back 10

felony

Front 11

T/F - even if you get probation for 5 months, but maximum penalty was 2 years, it still is considered a felony

Back 11

True

Front 12

A person if innocent until proven guilty beyond ______ _______

Back 12

reasonable doubt

Front 13

Constitutional protections that person has. If government violates those protections, they CANNOT use that evidence in court.

Back 13

Exclusionary Rule

Front 14

Initiation of any criminal case begins with ____ ______

Back 14

probable cause

Front 15

____ _______ - crime committed and person charged committed the crime

Back 15

Probable Cause

Front 16

Once a person is arrested, has to be processed and brought before a _____

Back 16

judge

Front 17

Felony has to go to a _____ _____

Back 17

district court

Front 18

T/F - if case is a felony, there has to be a finding of probable cause before the case can proceed

Back 18

TRUE

Front 19

T/F - if probable cause not found, the case still can proceed

Back 19

FALSE - CANNOT PROCEED

Front 20

Defendant has right to ____ if found guilty

Back 20

Appeal

Front 21

Burden of prove is always on the ______

Back 21

government

Front 22

T/F - If found not guilty, government can appeal

Back 22

FALSE - Cannot appeal

Front 23

T/F - person does NOT have to know the act is unlawful

Back 23

TRUE - person has to knowingly do an act that in unlawful

Front 24

_______ - person plans a crime and takes a substantial step toward the commission of the crime, even if the crime didn't occur

Back 24

Attempt

Front 25

Usually 1 person involved in _____

Back 25

attempt

Front 26

________ - agreement between two or more people to commit a crime and in furtherance of the agreement, an overt act is committed by one person

Back 26

Conspiracy

Front 27

_________ ____ - an act performed to carry out the objectives of the conspiracy

Back 27

Overt act

Front 28

Larceny is same as ____

Back 28

theft

Front 29

____ ______ ______ - if you commit a felony and person is killed unintentionally, you can still be charge with murder

Back 29

Felony Murder Rule

Front 30

______ is also like blackmailing. "If you don't do something, I will...."

Back 30

extortion

Front 31

________ - giving something in value to do an action

Back 31

Bribery

Front 32

T/F - Corporations CAN commit virtually all criminal statutes (same as individuals)

Back 32

True

Front 33

For corporations, penalties are usually _____ rather than jail

Back 33

fines

Front 34

_______ - take away profit from the crime

Back 34

Divestiture

Front 35

_______ - terminate the business so that it no longer exists

Back 35

Dissolution

Front 36

________ - business restructured to prevent illegal operation

Back 36

Reorganization

Front 37

Today, guidelines are _______, not mandatory

Back 37

advisory

Front 38

____ ______ programs - if corporation commits crime, but aknowledges they messed up, they can do this program and fine will be reduced

Back 38

Corporate Compliance Program

Front 39

_____ is a breach of duty owed to another that causes harm (You against the defendent)

Back 39

Tort

Front 40

4 elements of negligence

Back 40

1) Duty of Care
2) Breach (failure) duty of care)
3) Causation
4) Injury - harm to the injured party

Front 41

T/F - have to have all 4 elements of negligence to prove case of negligence

Back 41

TRUE

Front 42

Objective standard - "what would a reasonable man do"

Back 42

Reasonable person standard

Front 43

What is purpose of a tort?

Back 43

Purpose is to make the victim whole for the negligent act

Front 44

_____ - creating reasonable fear or harm

Back 44

assault

Front 45

_____ - physical contact

Back 45

battery

Front 46

______ _________ - 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)

Back 46

Contributory Negligence

Front 47

______ _______ - intentional confinement of a person without justification and interference of a person's right to move freely (kidnapping)

Back 47

false imprisonment

Front 48

________ - false and malicious statements made about a person or business

Back 48

defamation

Front 49

verbal defamation

Back 49

slander

Front 50

written defamation

Back 50

libel

Front 51

____ is always a defense

Back 51

truth

Front 52

3 types of torts

Back 52

1) negligence
2) intentional torts
3) Strict liability

Front 53

Standard of care for negligence based on an _______ ________

Back 53

objective standard

Front 54

T/F - there DOESN'T have to be injury or damage to recover for negligence

Back 54

FALSE - there has to be injury or damage to recover for negligence

Front 55

T/F - the negligent act DOESN'T have to cause the injury

Back 55

FALSE - negligent act DOES have to cause the injury

Front 56

_______ _________ rule was used to find the power company guilty in Goldberg v. Florida Power and Light (turned of traffic lights, accident, girl died)

Back 56

Proximate Cause Rule

Front 57

_______ 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)

Back 57

Superseding or Intervening Act

Front 58

_______ ___ __ _____ - plaintiff voluntarily engages in risky activity knowing the risk involved

Back 58

Assumption of the Risk

Front 59

_____ _______ - computes the negligence of both parties (defendent 1 is 30% guilty, 2 is 40%, plaintiff is 30%)

Back 59

Comparative Negligence

Front 60

"Sienter (sp?)"

Back 60

Intent

Front 61

"Sienter (sp?)"

Back 61

Intent

Front 62

____ ________ 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)

Back 62

compensatory damage

Front 63

_______ _______ - intended to punish the activity

Back 63

punitive damages

Front 64

____ ________ 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)

Back 64

compensatory damage

Front 65

_______ _______ - intended to punish the activity

Back 65

punitive damages

Front 66

______ _______ are damages for intentional torts

Back 66

punitive damages

Front 67

______ _______ are damages for intentional torts

Back 67

punitive damages

Front 68

"Sienter (sp?)"

Back 68

Intent

Front 69

"Sienter (sp?)"

Back 69

Intent

Front 70

____ ________ 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)

Back 70

compensatory damage

Front 71

_____ _______ - ability of person to recover for damages when a product malfunctions

Back 71

product liability

Front 72

ORIGINALLY, product liability required privity of contract. Only person who could sue was the _______

Back 72

purchaser

Front 73

Product liability based on strict liability (restatement 402A) says -

Back 73

if you sell it, you're responsible for it

Front 74

______ defects focuses on design of the product, not on any negligence in the production

Back 74

design

Front 75

Crime must be defined by _____ or ______ ________

Back 75

statute or local ordiance

Front 76

Violation of a _______ is against GOVERNMENT

Back 76

crime

Front 77

______ _______ _______ - any criminal activity for financial advantage that occurs in the course of business

Back 77

while collar crimes

Front 78

__________ - price fixing and certain other anti competitive prices

Back 78

antitrust

Front 79

A person is innocent until proven guilty beyond a ______ ________

Back 79

reasonable doubt

Front 80

Initiation of criminal case begins with _____ _____

Back 80

probable cause

Front 81

__________ ______ - crime has been committed and the person charged committed the crime

Back 81

Probable Cause

Front 82

If case is a ______ - court will set the matter for a trial

Back 82

misdemeanor

Front 83

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

Back 83

Felony

Front 84

____ ____ - willful intent, criminal intent

Back 84

Mens Rea

Front 85

_____ _____ - the act, wrongful deed

Back 85

Actus Reus

Front 86

Persons accused or crime, or held in suspicion of crime must be informed their _____ _____

Back 86

miranda rights

Front 87

Miranda rights

Back 87

Right to remain silent, right ot be represented by a counsel, statements they make can and will be used against them in court

Front 88

______ ______ - if evidence is gathered improperly it may not be used in trial

Back 88

exclusionary rule

Front 89

Charging decisions - ______ or _____: what was the objective of the criminal act?

Back 89

Purpose or Intent

Front 90

_________ - person is aware of what they're doing and it's not through ignorance, mistake or accident

Back 90

Knowledge

Front 91

Breach of duty owed to another that caused harm

Back 91

tort

Front 92

_______ - protects people from harm from other's unintentional but legally careless conduct

Back 92

Negligence

Front 93

________ - 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

Back 93

intentional torts

Front 94

____ _____ - 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

Back 94

strict liability

Front 95

Standard of care based on ______ _________

Back 95

reasonable person

Front 96

_______ - casual connection between the negligent act and the injury

Back 96

causation

Front 97

_____ _____ ____ - negligence presumed from act

Back 97

Res ipsa loquitur

Front 98

Neglegent act must have caused _____

Back 98

injury

Front 99

Purpose of tort

Back 99

to make the victim whole

Front 100

To be liable person must have an ___ ____ ____

Back 100

act, intent, motive

Front 101

Elements of Fraud and Deceit

Back 101

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

Front 102

Lightle v Real Estate Commission ruled that Lightle committed _____ _________

Back 102

fraudulent misrepresentation

Front 103

Torts related to businesses elements

Back 103

1. existence of a contractual relationship between injured business and another party
2. known to the wrongdoer
3. intentionally interferes with that relationship

Front 104

strict liability is liability without ____

Back 104

fault

Front 105

____ ______ involves inherently dangerous activity (serious harm, high degree of risk, activity not performed commonly in the community)

Back 105

Strict Liability

Front 106

Matrix v. Rawlings case - who won? What did jury claim?

Back 106

Breach of contract and tortious interference

Front 107

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)

Back 107

Reasonable care

Front 108

MacPherson v. Buick was first case to reject (get away) from the idea of _________, got towards new standard of NEGLIGENCE

Back 108

privity

Front 109

Macpherson v. Buick - who won?

Back 109

Buick is responsible for all finished products

Front 110

_____ ______ - ability of a person to recover for damages when a product malfuncitoned

Back 110

product liability

Front 111

Strict liability under _______ - doctrine resolved this by holding manufactures liable to consumers injured by defective products even though the manufacturer exercised all reasonable care

Back 111

Contract

Front 112

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)

Back 112

Tort

Front 113

Courts ____ worry about carefullness, due care, reasonableness, etc.

Back 113

DONT

Front 114

Product liability based on ________ - failure to design and manufacture product as a reasonable person would; have to show cuasation between injury and negligence

Back 114

Negligence

Front 115

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

Back 115

misrepresentation

Front 116

Categories of product defenses:

Back 116

manufactured wrong, designed wrong, and instructions were wrong

Front 117

Greenman v. Yuba - who won? What else happened?

Back 117

Greenman won - court said producer is striclty liable in tort (company held liable) - spurred 2nd restatement of torts (product liable)

Front 118

_____ _____ 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

Back 118

bulk supplier

Front 119

______ _____ ________ - 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

Back 119

sophisticated user defense

Front 120

_________ - legally recognized justification for the actions that relieves the defendant of liability

Back 120

defenses

Front 121

______ _ _______ - defense requires that the injured party knew or should have known of the risk and that the risk was voluntarily assumed

Back 121

assumption of risk

Front 122

__________ ________ - damages are reduced by the % of the injuries caused by the plaintiff's own negligence

Back 122

contributory negligence

Front 123

contributory negligence is _____ a defense

Back 123

NOT

Front 124

Purpose of a tort law

Back 124

to make the person completely whole

Front 125

_____ _______ applied b/c of the nature of the risk of activity (demolition, railroad, construction)

Back 125

strict liability

Front 126

_______ - 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

Back 126

Property

Front 127

_____ - land and the space above and below the land and permanetly attached to the land; conveyed by a deed (HOUSE)

Back 127

Real

Front 128

____ - things not attached to land, conveyed by a bill of sale or title (CAR)

Back 128

personal

Front 129

________ - visible and has a physical presence

Back 129

tangbile

Front 130

_________ - invisible value; copyright, annuities, stocks, bonds, debts

Back 130

Intangible

Front 131

T/F - usually owners of property DO NOT have all rights to subsurface on land (oil, gas, water)

Back 131

FALSE - DO

Front 132

T/F - owners have right to airspace above property

Back 132

TRUE

Front 133

_____ - personal property attached to real property sot hat the law will consider it part of the property (barns on farms)

Back 133

Fixture

Front 134

_____ - primary way to transfer ownership in property

Back 134

Deed

Front 135

Statutory requirements in order for deed to be valid

Back 135

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

Front 136

_____ - 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)

Back 136

Title

Front 137

_______ ______ deed - provides buyer with most protection against defects in the title of land

Back 137

general warranty

Front 138

_____ ______ deed - seller warrants that he did nothing lessen the real estates value and doesn't warrant what prior owners have done

Back 138

Special Warranty

Front 139

______ ___ _____ deed - seller doesn't warrant or guarantee title, but does convey title to the purchaser

Back 139

bargain and sale deed

Front 140

________ deed - deed transfers to the buyer whatever interest the grantor has in property (divorce, child support)

Back 140

Quitclaim

Front 141

Have to have a ________ of transfer of ownership

Back 141

RECORD

Front 142

_______ is right to ownership in real property

Back 142

estate

Front 143

______ in real estate classified as either freehold estates or nonfreehold estates

Back 143

interest

Front 144

______ estate - owner holds the right to land for an undetermined time period

Back 144

freehold

Front 145

fee simple _______ - title to land held with virtually no restrictions (complete control of property)

Back 145

absolute

Front 146

fee simple _______ - title to land is taken away under certain conditions

Back 146

defeasible

Front 147

____ ______ - right to own/sell property

Back 147

fee simple

Front 148

Fee simple subject to a _______ _________ - title to land taken away if a specific event occurs

Back 148

condition subsequent

Front 149

_____ ______ - duration of the estate is measured by the life of one or more persons

Back 149

life estates

Front 150

True/Flase - in life estates, owner conveys land to another (life tenant) to occupy the land during the tennant's lifetime

Back 150

True

Front 151

______ ownership - holding property with another

Back 151

concurrent

Front 152

_______ ___ ______ - 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.

Back 152

tenancy in common

Front 153

____ ______ - two or more people own an undivided interest in property, if tenant dies, their interest goes to remaining tenants

Back 153

joint

Front 154

______ _____ __ ______ - applies only to husband and wife, neither spouse can transfer their interest in the land without consent of the other

Back 154

Tenancy by the Entirety

Front 155

______ ____ ________ - legitimate tenancy has ended but tenant retains possession of property without permission

Back 155

tenancy by sufferance

Front 156

_______ - right to limited use of a person's property without possessing the property (telephone, sidewalk, waterline, cable)

Back 156

easement

Front 157

_____ can be created by deed, will, contract, or statute, can also be acquired by adverse possession

Back 157

easement

Front 158

_____ of easements - allows the easement holder to go on estate for certain purposes

Back 158

positives

Front 159

_____ of easements - giving up a right that owner of estate would normally have

Back 159

negatives

Front 160

_________ - not a legal interest in an estate, but is similar to a contract with the estate;l used in subdivisions

Back 160

Covenant

Front 161

_____ used in subdivisions to mandate size of home, size of lot, etc. Puts restrictions on property (Big Sandy regulations)

Back 161

Covenant

Front 162

Leases classified as -

Back 162

tenancy for years
tenancy from period to period
tenancy at will

Front 163

Tenancy _______ - specified in the contract. Once period ends posseision returns to owner (Specific term)

Back 163

for years

Front 164

Tenancy ________ - does not specify length, but does say that payments made at regular intervals (rollover agreement)

Back 164

from period to period

Front 165

Tenancy _______ - can be determined at any time (rent for as long as both agree - landlord/tenant can leave whenever they want)

Back 165

at will

Front 166

Rights of tenants

Back 166

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

Front 167

Duties of tenants

Back 167

1) not abuse or misuse property
2) pay rent according to lease

Front 168

____ ______ - superior ownership of the govt. may limit ownershpi rights of owner. Govt. can condemn land for public use (highways)

Back 168

Eminent domain

Front 169

____ has become primary method of local land control

Back 169

zoning

Front 170

_______ - improper activity that interferes with another's use of and enjoyment of property

Back 170

Nuisance

Front 171

_____ _________ - activity that interferes w/ public's enjoyment (sex shops in NYC, drug houses)

Back 171

public nuiscance

Front 172

_______ _______ - property interest of individuals (cattle and hog operations)

Back 172

private nuisacne

Front 173

_______ - retaining and using property of another w/out permission or authority

Back 173

conversion

Front 174

___________ - using and retaining property of another that is protected (using illegal version of Windows)

Back 174

misappropriatoin

Front 175

In 12 Angry Men, the lady eyewitness had ____ marks on her nose

Back 175

glasses

Front 176

In 12 Angry Men, they thought standard of proof was beyond _____ doubt

Back 176

possible

Front 177

In 12 Angry Men, they had the ______ burden of proof

Back 177

wrong

Front 178

In 12 Angry Men, when the man took the store knife into the jury room, it was illegal based on ______ ______

Back 178

reversable error

Front 179

In 12 Angry Men, jury was all _____ men

Back 179

white

Front 180

In 12 Angry Men, the verdict must be _______ (same as now)

Back 180

unanimus

Front 181

In 12 Angry Men, the kid was charged with ______ his dad

Back 181

murdering

Front 182

In 12 Angry Men, if all 12 men dont agree unanimously, it's called a _____ _____

Back 182

hung jury

Front 183

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

Back 183

Crime

Front 184

___ _____ determines probable cause

Back 184

grand jury