Exam #2

Question 1

Homicide

Answer 1

The killing of another person

Question 2

Manslaughter

Answer 2

Killing a person with a lower level of culpability (Involuntary & Voluntary)

Question 3

Robbery (Crime)

Answer 3

Taking personal property by force or threat

Question 4

Assault (Crime)

Answer 4

The threat of violence (also contact in NJ)

Question 5

Battery (Crime)

Answer 5

Harmful or offensive touching of another human without excuse or consent (after assault)

Question 6

Reckless Endangerment (Crime)

Answer 6

Engaging in behavior that could lead to serious injury

Question 7

Trespass (Crime)

Answer 7

Wrongful interference with the real or personal property of another

Question 8

Burglary (Crime)

Answer 8

Unlawful entry into a building or structure with the intent to commit a crime

Question 9

Theft (Crime)

Answer 9

Unlawful taking of someone else’s property

Question 10

Embezzlement (Crime)

Answer 10

Fraudulent appropriation of property by someone who has been entrusted with it

Question 11

Strict Liability

Answer 11

The behavior of the tortfeasor doesn’t matter, if an injury occurs, the tortfeasor is liable

Question 12

Strict Liability Crimes

Answer 12

Statutory Rape, Faulty Medication, Drug Possession

Question 13

White Collar Crime

Answer 13

A non-violent, business related crime

Question 14

Types of Homicide

Answer 14

Murder (intentional) or Manslaughter (unintentional)

Question 15

Levels of Culpability Under Mens Rea

Answer 15

Latin for “guilty mind”; Purposely, knowingly, recklessly, negligently

Question 16

State’s burden of proof in a criminal case

Answer 16

Beyond a reasonable doubt

Question 17

Plaintiff’s burden of proof in a tort case

Answer 17

Preponderance of evidence

Question 18

Grand Jury

Answer 18

An appointed body of citizens formed to both investigate the operations of government and to issue indictments against persosns suspected of criminal conduct

Question 19

An Indictment

Answer 19

A formal, written accusation issued by a grand jury, allowing for the prosecution of a suspect

Question 20

An Information

Answer 20

An accusation against a suspect issued by a judge

Question 21

Ex Post Facto Law

Answer 21

If a law is passed criminalizing an act, and you committed the act before the passage of the law, you are not guilty of the crime

Question 22

Purpose of Bail

Answer 22

Acts as a security to ensure a defendant will show up to court for their trial

Question 23

Booking

Answer 23

The process of recording a suspect’s information after an arrest

Question 24

Arraignment

Answer 24

A defendant’s first court appearance after being arrested

Question 25

Types of Affirmative Defenses

Answer 25

Self Defense, Necessity, Entrapment, Under Duress, Statute of Limitations

Question 26

Felony (Indictable Offenses)

Answer 26

Punishable by a year or more in a state facility (or death in some states)

Question 27

Misdemeanor (Non-Indictable Offenses)

Answer 27

Punishable by less than a year in a state facility

Question 28

Violation

Answer 28

A minor crime (i.e. traffic tickets or jaywalking) that is not punishable by incarceration, but only by fine.

Question 29

Probation

Answer 29

When a sentence is suspended before any time has been served

Question 30

Parole

Answer 30

The conditional release from custody after serving a portion of one's sentence

Question 31

Defamation

Answer 31

A published, false statement meant to harm someone's reputation or public image

Question 32

Libel

Answer 32

Written Defamation

Question 33

Slander

Answer 33

Spoken Defamation

Question 34

Slander Per Se

Answer 34

Spoken statements that are so harmful/damaging, proof of damage is not required

Question 35

Conversion

Answer 35

Stealing someone else's property to your own

Question 36

Intentional Infliction of Emotional Distress

Answer 36

Acting recklessly and intentionally in a way as to cause extreme emotional distress to an individual

Question 37

Assault (Tort)

Answer 37

The threat (or attempt) to commit violence

Question 38

Battery (Tort)

Answer 38

Causing physical harm

Question 39

Proximate Causation (Tort)

Answer 39

Foreseeability of an injury due to recklessness/negligence

Question 40

Fraud

Answer 40

Intentional lie(s) that someone relies on and is hurt as a result of the lie

Question 41

Puffing

Answer 41

"Salesmen talk"

Question 42

What makes a contract binding?

Answer 42

Consideration of reciprocal value Competence of parties involved Mutual Agreement Contract must be legal Genuine Assent

Question 43

Bilateral Contract

Answer 43

A contract where both parties in the agreement exchange promises to perform a specific action (lease agreement)

Question 44

Unilateral Contract

Answer 44

A contract where one party makes a promise in exchange for something in return (reward offer)

Question 45

Option Contract

Answer 45

A promise to keep an offer open for another party to accept within a given period of time

Question 46

Quasi Contract

Answer 46

A legal obligation imposed by law to prevent unjust enrichment (landscaper accidentally mows neighbor's lawn)

Question 47

Uniform Commercial Code (UCC)

Answer 47

A set of laws that govern commercial transactions in the U.S.

Question 48

Liquidated Damages

Answer 48

An exact amount of money a party will owe if they breach a contract (to compensate the other party for any loss)

Question 49

Statute of Frauds

Answer 49

The requirement that some promises (contracts) must be in writing (palimony, large purchases, real estate)