Test 1 Flashcards
Mens rea is an element of most serious crimes.
True or False?
True
In terms of negligence theory, which of the following is true about breach of duty?
In terms of the liability of a defendant, breach of duty is considered as serious as a criminal offense.
A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable risk of harm.
The defendant is liable for the plaintiff’s injury even if the defendant exercised reasonable care.
A breach of duty occurs only when the defendant’s actions violate a state or federal statute.
A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable risk of harm.
Publication of matters of public record cannot be the basis of a successful suit for invasion of privacy.
True or False?
True
The tendency for members of a group to internalize the group’s values and perceptions and to suppress critical thought is known as __________.
herd behavior
groupthink
risky shift
social malingering
groupthink
Courts are unwilling to provide trademark protection to a term if it is __________.
descriptive
generic
suggestive
arbitrary
generic
A patent:
creates a permanent monopoly thereby discouraging the creation and utilization of new products and technologies.
deprives competitors of the opportunity to use the invention without the patent holder’s consent.
includes articles or processes falling under the category of physical phenomena or abstract ideas.
grants its owner the exclusive right to make, use, or sell an invention or process for an indefinite period.
deprives competitors of the opportunity to use the invention without the patent holder’s consent.
In terms of the constitutional safeguards set forth in the Fourth and Fifth Amendments to the United States Constitution, nontestimonial evidence such as fingerprints, hair samples, bodily fluids, and cells cannot be obtained through the prosecution’s compulsion of the defendant.
True or False
False
Which of the following is true regarding Section 2 of the Sherman Act?
In order to prove a violation of Section 2, the government or a private plaintiff need not establish that the defendant firm has monopoly power.
Section 2 prohibits contracts, combinations, and conspiracies.
Section 2 does not outlaw monopolies.
Joint action is necessary in order to violate Section 2.
Section 2 does not outlaw monopolies.
Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that:
there is no restriction on commercial speech.
it is pursuing a governmental end in the most intrusive manner.
its action bears a rational relationship to its desired end.
it is pursuing a compelling government interest in the least intrusive manner.
it is pursuing a compelling government interest in the least intrusive manner.
Adia files a lawsuit against Chang in an Ohio court. Chang, a citizen and resident of neighboring Indiana, has never visited Ohio and has no personal ties with anyone in Ohio. Chang can successfully argue that the Ohio court:
must defer to the jurisdiction of a federal district court.
lacks standing to hear the case, since the case involves diversity of citizenship.
has legal reciprocity with Indiana, the state where Chang resides.
lacks personal jurisdiction.
lacks personal jurisdiction.
Full rule of reason analysis _____.
cannot be determined until after a court conducts a thorough market analysis
applies to restraints that are prima facie illegal, such as per se restraints
is a superficial form of rule of reason analysis
is utilized for restraints that have an obvious adverse impact on competition
cannot be determined until after a court conducts a thorough market analysis
In the United States, which of the following can be patented?
New chemical compounds
Laws of nature
Physical phenomena
Abstract ideas
New chemical compounds
An intervening cause, which happens after the defendant’s negligent act and contributes to the plaintiff’s injury, can excuse the defendant from liability if it:
was an intentional tort.
could have been reasonably anticipated.
was unforeseeable.
was remotely related to the plaintiff’s injury.
was unforeseeable.
Under the First Amendment to the United States Constitution, commercial speech is:
completely suppressed, regardless of whether it is misleading or truthful.
subject to intermediate scrutiny, unlike political speech.
completely unregulated, unless it is expressed in writing.
subject to strict scrutiny, just like political speech.
subject to intermediate scrutiny, unlike political speech
For a person to be convicted of criminal behavior, the state must:
demonstrate a subsequent statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.
demonstrate a prior statutory prohibition of the act; prove by a preponderance of the evidence that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.
demonstrate a prior statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.
demonstrate a subsequent statutory prohibition of the act; prove by a preponderance of the evidence that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to understand the nature of the crime alleged.
demonstrate a prior statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.
Due to the constitutional prohibition of ex post facto laws, a new criminal statute applies only to actions taken after it becomes effective.
True or False
True
The attorney-client privilege rule prevents an attorney from divulging confidential information communicated to the lawyer by a client or potential client in the course of seeking to retain the attorney or otherwise seeking legal advice.
True or False
True
The Free Exercise Clause states that the government “shall make no law respecting an establishment of religion.”
True or False
False
RICO is designed to stop the entry of organized crime into legitimate business enterprises.
True or False
True
Most states have abandoned comparative negligence theory and adopted a contributory negligence system.
True or False
False
Horizontal price-fixing _____.
is an attempt by competitors to interfere with the market and control prices
is also called resale price maintenance
can be legally justified if there was a direct agreement between competitors
occurs when the manufacturer gets the retailer to agree to follow the suggested retail price
is an attempt by competitors to interfere with the market and control prices
Traditionally, __________ was imposed for those activities that were considered ultrahazardous.
negligence per se theory
negligence liability
the last clear chance doctrine
strict liability
strict liability
If a distributor persuades a manufacturer to refuse to deal with a rival distributor, the two parties _____.
do not violate Section 1 of the Sherman Act since this is a unilateral action
are conspiring to form a monopoly, thus directly violating Section 2 of the Sherman Act
are attempting vertical price-fixing
have committed a per se violation of Section 1 of the Sherman Act
have committed a per se violation of Section 1 of the Sherman Act
Which of the following is an example of procedural law?
Multiple Choice
The freedom of speech granted by the United States Constitution
The rules as to how a court’s judgment is to be enforced
The right of self-defense
The privilege of receiving food stamps
The rules as to how a court’s judgment is to be enforced
Which of the following results in injury to a person’s reputation?
Multiple Choice
Defalcation
Malice
Defamation
Battery
Defamation
Silverlight, Inc., a cell phone retailer, agrees to sell cell phones and related accessories manufactured only by Moore Corporation. This is an example of a(n) _____.
Multiple Choice
requirements contract
tie-in contract
adhesion contract
exclusive dealing contract
exclusive dealing contract
Federal antitrust laws apply to _____.
Multiple Choice
behavior that affects external economies other than the United States
any type of non-import trade
intrastate commerce exclusively
behavior that substantially affects interstate commerce or international trade
behavior that substantially affects interstate commerce or international trade
Which of the following is a true statement regarding a government “taking?”
Multiple Choice
If the government physically invades private property, a taking has occurred and compensation must be paid.
A zoning ordinance automatically constitutes a taking.
Every form of governmental interference with property ownership constitutes a taking.
Any time a landowner is denied some economically beneficial use of his or her property, a compensable taking has occurred.
If the government physically invades private property, a taking has occurred and compensation must be paid.
Numerous proposals designed to make corporations more sensitive to outside concerns have been offered throughout the past few decades. Those recommendations include __________.
Multiple Choice
changing the composition of the corporate board
converting the company from a publicly-traded to a closely-held corporation
giving shareholders less power
converting from a “line and staff” to a “line” organizational structure
changing the composition of the corporate board
Conversion is defined as:
Multiple Choice
the unlawful taking of or exercise of control over the personal property of another person.
the intentional confinement of a person for an appreciable time without the person’s consent.
the use of force to drive away a person’s customers or employees.
intrusion on a person’s solitude or seclusion and publishing private facts about a person.
the unlawful taking of or exercise of control over the personal property of another person.
Generally, people who do not do what a statute requires are considered to be __________.
Multiple Choice
grossly negligent
extremely reckless
negligent per se
strictly liable
negligent per se
The Fifth Amendment to the United States Constitution includes the __________.
Multiple Choice
Prohibition against excessive bail or fines
Prohibition against double jeopardy
right of confrontation
exclusionary rule
Prohibition against double jeopardy
Both federal and state laws spell out the specifics of cybercrime. Which of the following statements is true of these laws?
Multiple Choice
A corporation is not liable for the online activities of its employees.
Accessing the services of a commercial service provider without paying fees is a crime.
Only an individual may face liability based on the use of electronic communication; corporations are out of their purview.
Altering data stored in another person’s computer is not considered illegal.
Accessing the services of a commercial service provider without paying fees is a crime.
The states retain the exclusive power to regulate __________ commerce.
intrastate
interstate
international
All of the choices are correct.
intrastate
A rapist is criminally liable for the crime of rape and is also civilly liable for the torts of assault, battery, false imprisonment, and intentional infliction of emotional distress.
True or False
True
According to the Fourth Amendment to the United States Constitution, a warrant for a search or an arrest cannot be issued without __________.
Multiple Choice
probative evidence
reasonable suspicion
probable cause
due diligence
probable cause
Any behavior that has not been classified as a per se violation of Section 1 of the Sherman Act is judged under a strict liability analysis.
True or False
False
The Takings Clause of the United States Constitution is triggered by the power of __________.
Multiple Choice
res ipsa loquitur
eminent domain
equal protection
adverse possession
eminent domain
he Takings Clause of the United States Constitution is triggered by the power of __________.
Multiple Choice
res ipsa loquitur
eminent domain
equal protection
adverse possession
eminent domain
District courts:
Multiple Choice
are specialized courts in the federal court system.
only review the legal conclusions reached by lower federal courts.
are the intermediate courts of the federal court system.
have both fact-finding and law-finding functions.
have both fact-finding and law-finding functions.
When faced with the difficult problem of deciding what kinds of joint actions amounted to a restraint of trade, the courts concluded that some kinds of behavior always have a negative effect on competition and can never be excused or justified. These kind of acts are classed as per se illegal.
True or False
True
Which of the following is true of pleadings?
Multiple Choice
These are the first documents filed with the court, and they start and define the lawsuit.
Both disputed and undisputed matters in the pleadings are tried in court.
The case is set for trial on the court calendar once the pleadings have commenced.
The first step in starting a lawsuit is the serving of a summons on the defendant.
These are the first documents filed with the court, and they start and define the lawsuit.
Civil law defines breaches of duty to society at large.
True or False
False
Salim files a case against Nina for nonpayment of a debt. Before the trial, Nina is examined under oath in the presence of Salim’s attorney. This process of examination is known as a(n) __________.
Multiple Choice
deposition
direct examination
pretrial conference
interrogatory
deposition
From the language of Section 1 of the Sherman Act, it is apparent that the purpose of Section 1 is to attack unilateral action in restraint of trade.
True or False
False
A new claim stating that plaintiff owes the defendant damages because of harm resulting from the incident alleged in the complaint is called a(n) __________.
Multiple Choice
affirmative defense
counterclaim
motion for judgment notwithstanding the verdict
cross-claim
counterclaim
Conviction of a felony may, in some cases, also result in disenfranchisement.
True or False
True
