Street Law Final Exam

Front 1

What do we call the study of law and legal philosophy?

Back 1

Jurisprudence

Front 2

A _______ case is a legal action that can only be brought by the government against a person charged with committing a crime.

Back 2

Criminal case

Front 3

A lawsuit that can be brought by a person who feels wronged or injured by another person.

Back 3

Civil case

Front 4

Under criminal law the penalties can be ...

Back 4

1.fined
2. jailed
3. given both a fine and jail time
4. placed under court supervision

Front 5

In a "civil law suit" the defendant will usually be required to ...

Back 5

Pay money damages

Front 6

What is the burden of proof in a criminal case?

Back 6

Beyond a reasonable doubt

Front 7

What is the burden of proof in a civil case?

Back 7

Preponderance of evidence

Front 8

What is the highest law in the land?

Back 8

Supreme Court rulings

Front 9

What is the function of the "executive branch" of government?

Back 9

Enforce laws

Front 10

What is the function of the "judicial branch" of government?

Back 10

Hear court cases

Front 11

What is the function of the "legislative branch" of government?

Back 11

Create laws

Front 12

The person accused of committing a crime

Back 12

Defendant

Front 13

A crime that is punishable by a possible prison sentence of 1 year or less

Back 13

Misdemeanor

Front 14

A crime that has a penalty of more than 1 year

Back 14

Felony

Front 15

The person in a civi case who was harmed or injured

Back 15

Plaintiff

Front 16

The main advantage of using mediation to settle a dispute is ...

Back 16

The final decision rests in the hands of the parties

Front 17

A process that is less formal than a trial in which a third party listens to both sides and decides the outcome fo the dispute

Back 17

Arbitration

Front 18

Process in which a third party listens to both sides and helps them decide the outcome of the dispute for themselves

Back 18

Mediation

Front 19

A formal process (court hearing) usin a judge and jury to resolve conflicts.

Back 19

Litigation

Front 20

Courtroom t.v. is an example of ...

Back 20

Binding arbitration

Front 21

The intent of _________ is resolution (coming to an agreement without going to court.)

Back 21

Binding artribution

Front 22

The intent of __________ is negotiation

Back 22

Non-binding arbitration

Front 23

In some jurisdictions, a person who rejects the arbitrators decision must pay the other parties court costs if the court’s decision is the same as the arbitrators or less favorable

Back 23

True

Front 24

Will you be provided with a lawyer(if you can't afford one) in a civil case ?

Back 24

NO ! only in criminal cases

Front 25

The decision reached by a mediator is binding on both parties?

Back 25

False

Front 26

A mediator must be either a lawyer, judge or former judge, or an expert in particular field.

Back 26

False

Front 27

An arbitrator is usually a former judge or expert in a particular field

Back 27

True

Front 28

A type of conflict resolution where each party appoints a spokesperson to represent him or her in the reconciliation process

Back 28

Negotiation

Front 29

Initial discussions between people in conflict without the presence of third parties

Back 29

informal talk

Front 30

A type of conflict resolution in which the decision cannot be challenged or appealed

Back 30

Binding arbitration

Front 31

A type of case in which a lawyer is sued for a serious error that caused a client to lose his/her case

Back 31

Legal malpractice

Front 32

An attorney fee based on a percentage of what the client wins in the case

Back 32

Contingency fee

Front 33

People who become lawyers are most likely to work in ...

Back 33

Private Practice

Front 34

What is the best way to find a lawyer to help you?

Back 34

Get a recommendation from someone

Front 35

Most lawyers never go to court and provide out-of-court legal assistance such as giving advice, drafting legal opinions, and negotiating settlements

Back 35

True

Front 36

Another name for lawyers who do go to court

Back 36

Litigators

Front 37

Represents criminal defendants who are too poor to hire a lawyer

Back 37

Public defender

Front 38

A downpayment by which a client hires an attorney to work for them

Back 38

Retainer

Front 39

Ensures that information shared with your attorney is private

Back 39

Attorney-client privilege

Front 40

What may happen to lawyers who violate the code of professional standards?

Back 40

They may be ...
1. Reprimanded
2. Suspended
3, Disbarred

Front 41

When someone commits a wrong in criminial law, it is called a tort

Back 41

False - It's a tort when they commit a wrong in civil law

Front 42

Crimes are considered wrongs against _________.

Back 42

Society

Front 43

Torts are considered wrongs against __________.

Back 43

Individuals

Front 44

Is jail time usually given to wrongdoers in a civil suit?

Back 44

No

Front 45

In some cases, the same activity can be both a crime and a tort.

Back 45

True

Front 46

Can an employee who is injured on the job and is covered by workman's compensation still sue his employer?

Back 46

No

Front 47

A tort occurs when a person causes injury or damage to ...

Back 47

1. Another person
2. Another's property
3. Another's reputation

Front 48

Approximately how many tort cases are settled without going to trial?

Back 48

90%

Front 49

The movie "Erin Brokovich" dealt with ...

Back 49

1. Binding arbitration
2. Class action suit

Front 50

What type of insurance covers employees if they are injured on the job?

Back 50

Workman's Compensation

Front 51

What type of auto insurance covers you in case your car is stolen, vandalized, or damaged by fire?

Back 51

Comprehensive coverage

Front 52

Insurance that covers professionals such as doctors, lawyers, and accountants.

Back 52

Malpractice insurance

Front 53

In order to obtain license plates in Illinois, you must have what type of insurance?

Back 53

Liability insurance

Front 54

What type of insurance protects you from drivers that have no insurance or not enough insurance to cover all of the expenses

Back 54

Uninsured motorist coverage

Front 55

What does liability insurance cover?

Back 55

Other people and property if you are responsible for the accident

Front 56

Payments made for insurance coverage

Back 56

Premiums

Front 57

A lawsuit brought by one or more persons on behalf of a larger group

Back 57

Class action suit

Front 58

The amount of evidence the prosecutor must present in order to win the case

Back 58

Standard of proof

Front 59

The failure to exercise a reasonable amount of care in either doing or not doing something, resulting in harm or injury to another person

Back 59

Negligence

Front 60

What do we call it when one is exempt from penalties, payments, or legal requirements; free from prosecution

Back 60

Immunity

Front 61

The injured party who brings legal action against the wrongdoer in a civil case

Back 61

Plaintiff

Front 62

This type of law is made by judges through court decisions generally in the state appellate courts

Back 62

common law

Front 63

The person against who a claim is made in a civil case; it's the person being sued

Back 63

Defendant

Front 64

A person or organization among many possible defendants, best able to pay damages and therefore most likely to be sued in a tort case

Back 64

Deep pockets

Front 65

A mutual agreement between two sides in a civil lawsuit, made either before the case goes to trial or before a final judgment is entered , that settles the case

Back 65

Settlement

Front 66

Actions taken to deliberately harm another person or their property

Back 66

Intentional tort

Front 67

What are the 2 types of intentional torts?

Back 67

1. Torts causing injury to persons
2. Torts causing damage to property

Front 68

A landuser who enters the property of another without permission

Back 68

Trespasser

Front 69

This tort occurs when someone uses patented or copyrighted work without permission

Back 69

Infringement

Front 70

Damages paid to a defendant to reimburse or compensate them for harm caused such as financial loss or pain and suffering

Back 70

Compensatory damages

Front 71

A type of property that includes land and the items attached to it such as houses, crops, and fences

Back 71

Real property

Front 72

This recognizes and gives credit to the owner of an invention

Back 72

Patent

Front 73

A customer of a business represents this type of land user

Back 73

Invitee

Front 74

This type of tort occurs when there is an unreasonable interfence with your ability to use and enjoy your property without anyone physically entering your property

Back 74

Nuisance

Front 75

Policemen, fire fighters, and door-to-door salesmen are examples of this type of land user

Back 75

Licensees

Front 76

This type of property includes property that can be moved such as cars, clothing, and appliances

Back 76

Personal property

Front 77

Damages paid to a plaintiff that are only a small or token amount of money to show that the claim was justified

Back 77

Nominal damages

Front 78

A court order that requires a defendant to stop an activity that is considered a nuisance

Back 78

Injunction

Front 79

Property that includes the creation of a person's mind such as music, art, software, etc.

Back 79

Intellectual property

Front 80

A tort that affects a large group of people

Back 80

Public nuisance

Front 81

Damages awarded to a plaintiff to punish the defendant for malicious, willful, and outrageous acts

Back 81

Punitive damages

Front 82

This tort occurs when someone unlawfully takes control of your property for a long period of time and acts as if they own it

Back 82

Conversion

Front 83

A copyright protects the creator of their work for a period of ...

Back 83

Until the creator's death plus 70 years

Front 84

A patent protects the owner of an invention for how long?

Back 84

20 years

Front 85

This type of tort includes an oral statement that harms another person's reputation

Back 85

Slander

Front 86

What type of tort is a written statement that harms another person's reputation?

Back 86

libel

Front 87

What do we call the intentioanl tort that occurs when a person intentionally causes a harmful or offensive contact with another person?

Back 87

Battery

Front 88

What do we call the intentional tort that occurs when a person goes beyond mere words and intentionally makes someone fear an immediate harmful or offensive act?

Back 88

Assault

Front 89

This type of tort occurs when a person intentionally and wrongfully confines another person against his or her will

Back 89

False imprisonment

Front 90

This type of tort includes actions tha harm another person's reputation

Back 90

Defamation

Front 91

What is the name of the tort that occurs when a person enters another person's property without permission?

Back 91

Trespass

Front 92

A doctrine that says if a person keeps something on his or her premises that is likely to attract children, that person must take reasonable steps to protect children against dangers the condition might cause

Back 92

Attractive Nuisance doctrine

Front 93

This defense to a tort allows someone to use reasonable force to defend themselves.

Back 93

Self-defense