Chapter 6,7,10

Question 1

Assault

Answer 1

any intentional and unexcused threat or immediate harmful words or acts (no physical contact is needed)

Question 2

Battery

Answer 2

The completion of the assault. Unexcused and harmful or offensive physical contact

Question 3

Defamation

Answer 3

wrongfully hurting a person’s good reputation by making false statements of fact

Question 4

Defenses of Defamation

Answer 4

truth is an absolute defense and absence of malice

Question 5

Trespass

Answer 5

a person without permission enters another’s land or remain’s on land after asked to leave

Question 6

Defense of trespassing

Answer 6

necessary to assist someone in danger or the trespasser is a licensee(utility service person)

Question 7

Fraudulent misrepresentation

Answer 7

intentional deceit, usually for personal gain
- misrepresentation of material fact
-intent to induce another to rely on misrepresentation

Question 8

Defense for fraudulent misrepresentation

Answer 8

the defendant may not have meant for the plaintif to fall for the misrepresentation

Question 9

Negligence

Answer 9

failure to live up to a required duty of care that a reasonable person would exercise in similar circumastances

Question 10

Defense for Negligence

Answer 10

assumption of risk: the plaintiff accepted the risk of understanding its implications

Question 11

Negligence Per se

Answer 11

the defendant breaches a safety statute and an individual who the statute was meant to protect is injured
ex: lack of smoke detector

Question 12

Contributory Negligence

Answer 12

if the plaintiff causes their own injury they are barred from recovery

Question 13

Comparative Negligence

Answer 13

computes liability of plaintiff and defendant and apportion damages

Question 14

Products Liability based on Negligence

Answer 14

Manufactures failure to exercise reasonable standard of care in the design, materials, inspection and adequate warnings

Question 15

Products Liability based on fraudulent misrepresentation

Answer 15

occurs when a fraud is committed against a consumer. Fraud must of been made knowingly or with reckless disregard for safety

Question 16

Products Liability based on strict liability

Answer 16

• product must of been defective when sold
• product was unreasonably dangerous
  (still strictly liable even if tried everything to make product safe)

Question 17

Who can recover in products liability lawuits

Answer 17

Virtually all courts extend strict liability to injured purchasers, users and bystanders.

Question 18

Defense to product liability

Answer 18

1. preemption
2. assumption of risk
3. product misuse
4. comparative negligence
5. commonly known dangers
6. knowledgeable user
7. statutes of limitations
8. statutes of repose

Question 19

property crimes

Answer 19

the goal is economic gain or property damage
1. burglary
2. larceny
3. obtaining of false pretenses
4. receiving stolen goods
5. arson
6. forgery

Question 20

burglary

Answer 20

Unlawful entry into a building with the intent to
commit a felony. Aggravated burglary occurs when a deadly
weapon is used

Question 21

white collar crimes

Answer 21

1. embezzlement
2. bribery
3. bankruptcy fraud
4. insider trading
5. theft of trade secrets

Question 22

Organized Crime

Answer 22

1. money laundering
2. racketeering

Question 23

phishing

Answer 23

Online fraud in which criminals pretend to be legitimate
companies by using e-mails that trick individuals into providing personal information

Question 24

vishing

Answer 24

Similar to phishing, but the e-mail requests that the
recipient call a certain phone number to provide information.

Question 25

larceny

Answer 25

Wrongfully taking and carrying away another person’s personal property with the intent to permanently deprive the owner of the property.

Question 26

arson

Answer 26

Willfully and maliciously burning a building owned by another, or one’s own personal property, to collect insurance benefits.

Question 27

Defense to criminal liability

Answer 27

1. self defense 2. necessity 3. insanity 4. mistake (ex: taking a backpack u thought was yours) 5. duress

Question 28

duress

Answer 28

wrongful threat induces someone to commit a crime they wouldn't do