Exam 1

Question 1

What are the sources of criminal statutes?

Answer 1

Federal Law, State Law, County Law, Municipal Code, Administrative Law, Tribal Courts

Question 2

What are the types of criminal law felonies?

Answer 2

Murder, Robbery, Manslaughter, Rape, Sodomy, Larceny, Arson, Mayhem, Burglary

Question 3

Define Robbery.

Answer 3

Taking of personal property from the presence of the victim by use of force or fear.

The victim is aware of the theft when it takes place.

Question 4

Define Larceny.

Answer 4

Wrongful taking of the personal property of another with intent.

Question 5

What are fiduciary duties?

Answer 5

Loyalty, Obedience, Reasonable Care, Accounting, Information, No competition with principal

Question 6

What is Respondeat Superior?

Answer 6

The employer is responsible for the negligent torts of his employee when the act is committed within the scope of employment.

Question 7

What are the elements of tort liability?

Answer 7

Intentional Torts, Torts based on negligence, Strict liability in tort

Question 8

Define Assault.

Answer 8

To place someone in fear of immediate unwelcome contact.

Question 9

Define Battery.

Answer 9

Intentional, non-privileged, non-consensual, harmful touching of another.

Question 10

What is Shopkeeper’s Privilege?

Answer 10

Permits the store owner to detain a suspected shoplifter based on reasonable suspicion for a reasonable time.

Question 11

What is Emotional Distress in tort law?

Answer 11

Intentional extreme behavior directed at another.

Question 12

What is Defamation?

Answer 12

A false statement by one party about another to a third party.

Question 13

What is the difference between Slander and Libel?

Answer 13

Slander is spoken defamation, while Libel is visual defamation.

Question 14

What is Absolute Privilege?

Answer 14

Complete defense against the tort of defamation.

Question 15

What is Conditional/Qualified Privilege?

Answer 15

Media privilege to print false information without liability, as long as there’s correction and no malice.

Question 16

What is Product Disparagement?

Answer 16

Basically defamation but against a company’s product; slander of title or trade libel.

Question 17

What is Trespass?

Answer 17

Wrongful intrusion upon someone’s property.

Question 18

What are the qualities of torts based on negligence? (Prima Facia)

Answer 18

Voluntary Act, Breach of a duty of care, Proximate cause, Damage/injury

Question 19

What is Strict liability in tort?

Answer 19

Doesn’t matter if acting prudential, the defendant has all liability in these three areas: Maintenance of Hazardous Conditions, Harboring Wild animals, Product Liability.

Question 20

What is Contributory Negligence?

Answer 20

Negligence of Plaintiff that contributed to injury/damages.

Question 21

What is Comparative Negligence?

Answer 21

Plaintiff will receive reduced damages based on their own negligence.

Question 22

What is Assumption of Risk?

Answer 22

Plaintiff acknowledges risks releasing defendant against any possible liability.

Question 23

What is Sovereign Immunity?

Answer 23

In some states the government is immune to being sued for torts.

Question 24

What are the principles of Good Business Enterprises?

Answer 24

Respect the dignity of workers, Produce a good product or service, Make a sufficient profit, Pay a just wage, Create an atmosphere for worker development.

Question 25

What is Federalist 51's main idea?

Answer 25

If men were angels, no government would be necessary.

Question 26

What are the Judicial Tests for Interpretation of the 14th Amendment Equal Protection?

Answer 26

Rational Relations, Heightened Scrutiny, Strict Scrutiny

Question 27

What is Mens Rea?

Answer 27

Mental Act, Intent.

Question 28

What is Actus Reus?

Answer 28

Physical Act, Omission.

Question 29

What are the criminal subject areas?

Answer 29

Violent, White collar, Public Morality, Property.

Question 30

What does the 5th Amendment protect?

Answer 30

Self Incrimination - Business as a whole has no Fifth Amendment protection. Due process for the government

Question 31

What does the 4th Amendment protect?

Answer 31

Search and Seizure - Police need a warrant to seize property.

Question 32

Define Conspiracy in white collar crime.

Answer 32

An agreement between multiple people to commit a wrongful act; has to be at least one action to count.

Question 33

What is Embezzlement?

Answer 33

Fraudulent conversion of another’s property or money by a person to whom it has been entrusted.

Question 34

What are the elements of Negligence (Tort of Negligence; Prima Facie)?

Answer 34

Voluntary Act, Breach of a duty of care, Proximate Cause, Damage/Injury.

Question 35

What is Res Ispa Loquitor?

Answer 35

The thing speaks for itself.

Question 36

What is Agency?

Answer 36

A fiduciary, consensual relationship where an agent can act on behalf of a principal and bind the principal to a contract with a third party.

Question 37

What are the types of Agency?

Answer 37

Special, General, Universal.

Question 38

What are the four types of Agency Authority?

Answer 38

Express, Incidental, Customary, Apparent.

Question 39

What are the three types of Justice?

Answer 39

Cumulative, Distributive, Legal.

Question 40

What are the Jurisprudential Schools?

Answer 40

Historical, Realist, Positivist, Natural Law.

Question 41

What are Aquinas’ Four Types of Law?

Answer 41

Natural Law, Human Law, Eternal Law, Divine Law.

Question 42

What is the Federal System?

Answer 42

Power shared between national, state, and local levels.

Question 43

What does Due Process entail?

Answer 43

Procedural and Substantive fairness in legal processes.

Question 44

What is the Commerce Clause?

Answer 44

Provides constitutional basis for broad federal regulatory powers.

Question 45

What is the Affectation Doctrine?

Answer 45

Gave federal government power over anything that affects commerce in the USA.

Question 46

What is a Bicameral Legislature?

Answer 46

The USA has two legislatures: House of Representatives & Senate.

Question 47

What is a Tripartite Government?

Answer 47

The USA has three branches of government: Executive, Legislative, & Judicial.

Question 48

What is the Supremacy Clause?

Answer 48

Federal Law overpowers State Law.

Question 49

Distinguish Agency, Independent Contractor, & Employment.

Answer 49

Agency acts on behalf of principal, Independent Contractor controls job completion, Employment is supplied by the principal.

Question 50

What is Imputation?

Answer 50

The third party is responsible to notice if an agent is acting strange.

Question 51

What are the types of Disclosure of Principal?

Answer 51

Disclosed Principal, Partially Disclosed Principal, Undisclosed Principal.

Question 52

What is Vicarious Liability?

Answer 52

Imposing liability for the fault of another; Principal may have to take liability for Agent's actions.

Question 53

Rational Relations (Challenger burden of proof)

Answer 53

Basic test Test: Is the government action rationally related to a legitimate government purpose? (The burden of proof is on the challenger)

Question 54

Heightened Scrutiny(Govt burden of proof)

Answer 54

Used in sex discrimination cases Test: Is the government action substantially related to an important government purpose? (The burden of proof is on the government)

Question 55

Strict Scrutiny(Govt burden of proof)

Answer 55

Used in cases involving highly protected classes such as race or color Test: Is the government action necessary to achieve a compelling government purpose? (The burden of proof is on the government)

Question 56

Created in nature of man

Answer 56

Intellect: we think Volition: we choose