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Q:
The wrongful or fraudulent taking of another's personal intangible properties like trade secrets, computer programs, and other business property is considered as a(n) ________.
A) robbery
B) larceny
C) aggravated robbery
D) aggravated burglary
Q:
A(n) ________ is a document for a person's detainment, based on a showing of probable cause that the person committed a crime.
A) arrest warrant
B) possessory warrant
C) no-knock warrant
D) execution warrant
Q:
________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.
A) Preponderance of evidence
B) Reasonable doubt
C) Probable cause
D) Reasonable suspicion
Q:
Which of the following is a difference between indictments and information statements?
A) Indictments are issued before a trial, while an information statement is issued after a trial.
B) Indictments are issued by a grand jury, while an information statement by a magistrate.
C) Information statements are issued to dismiss a case before it goes to trial, while an indictment is issued to bring a case to trial.
D) Information statements are issued without determining guilt, while an indictment is issued where guilt is evident.
Q:
A(n) ________ is a charge of having committed a crime, usually a felony, based on the judgment of a grand jury.
A) arraignment
B) information statement
C) indictment
D) plea
Q:
At what stage of the criminal procedure is the accused asked to enter a plea?
A) when the accused is taken to an arraignment
B) while an indictment or information statement is being issued
C) when the accused is being booked
D) when the accused is being arrested
Q:
Tim Talon has been found by a court of law to be guilty of reckless driving and killing a pedestrian as a consequence. His defense was that he was driving under the influence of alcohol and lost control of his automobile. He was subsequently punished for his crime. How would the court classify Tim Talon's case for intent?
A) general intent crime
B) criminal intent crime
C) specific intent crime
D) nonintent crime
Q:
Which two elements are required to find a defendant guilty of an intent crime?
A) victim and criminal intent
B) motive and criminal intent
C) criminal act and criminal intent
D) criminal act and proof of gain
Q:
________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results.
A) Nonintent
B) Specific intent
C) General intent
D) Explicit intent
Q:
When is a criminal said to be judgment proof?
A) when the criminal has not been read his Fifth Amendment rights prior to his arrest
B) when the criminal does not have the money to pay a civil judgment
C) when the criminal is found to be unfit to go to prison
D) when the criminal has been deemed to be insane
Q:
________ include environmental laws, securities laws, and antitrust laws and provide for criminal violations and penalties.
A) Constitutions
B) Regulatory statutes
C) Resolutions
D) Charters
Q:
Who is the plaintiff in a criminal lawsuit?
A) the government
B) the respondent
C) a private party
D) the victim
Q:
In the United States, what recourse does an accused person have in case he cannot afford a private defense lawyer?
A) He will have to spend his time in jail till he can collect enough money to afford one.
B) A public defender will be appointed to the accused by the government for a nominal fee.
C) He will have to defend himself when the trial starts.
D) The government will provide an attorney for the accused free of charge.
Q:
________ are the most serious of crimes, and are considered to be inherently evil.
A) Felonies
B) Infractions
C) Misdemeanors
D) Summary offences
Q:
A(n) ________ is considered a less serious crime; not inherently evil but prohibited by society; and is punishable by fines or imprisonment for one year or less.
A) misdemeanor
B) indictable offence
C) felony
D) violation
Q:
A person found speeding is considered to have committed a(n) ________.
A) misdemeanor
B) felony
C) violation
D) indictable offence
Q:
The Miranda Rights assures the arrested that a lawyer will be appointed to the arrested if he or she cannot afford one.
Q:
The attorney-client privilege can only be raised by the defendant.
Q:
A suspect can assert his Fifth Amendment privilege even after he is given a grant of immunity.
Q:
The Fourth Amendment protects people from being tried twice for the same crime.
Q:
A defendant is protected by the Double Jeopardy Clause if his case reaches a hung jury.
Q:
A collection of criminal statutes is referred to as a(n) ________.
A) bill
B) constitution
C) penal code
D) charter
Q:
The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.
Q:
Corporations and businesses can seek protection under privilege against self-incrimination.
Q:
Obtaining nontestimonial evidences like fingerprint and body fluids violates the privilege against self-incrimination provision.
Q:
A confession obtained from a person who has not been read the Miranda rights is not admissible in court.
Q:
The exclusionary rule allows for evidences obtained from an unreasonable search and seizure to be introduced in trial.
Q:
The Racketeer Influenced and Corrupt Organizations Act (RICO) applies only to organized crimes.
Q:
Persons injured by a RICO violation can bring a private civil RICO action against the violator.
Q:
In a criminal conspiracy crime, the commission of the act is not necessary.
Q:
The Fifth Amendment protects people from unreasonable search and seizure by the government.
Q:
Warrantless searches are permitted where it is likely that evidence will be destroyed.
Q:
The offeror cannot be found liable for the crime of bribery if the person to whom the bribe is offered rejects the bribe.
Q:
Extortion of private persons is commonly referred to as blackmail.
Q:
Extortion of public officials is called extortion under color of official right.
Q:
Criminal fraud is the crime of obtaining title to property through deception or trickery.
Q:
The government can forfeit any property involved in a money laundering offense.
Q:
The case against the accused is dismissed if neither an indictment nor information statement is issued.
Q:
An indictment is a charge of guilt against the defendant.
Q:
If a defendant is found not guilty in a criminal case, the government can retry the case with a new jury.
Q:
Theft committed by an unauthorized entry through an unlocked door would be considered burglary.
Q:
Crimes committed by businesspersons are referred to as blue-collar crimes.
Q:
In a criminal lawsuit, the government is represented by a lawyer called defense attorney.
Q:
Monetary damages and equitable remedies are provided in a civil lawsuit.
Q:
In a criminal lawsuit, guilt has to be proven beyond any reasonable doubt.
Q:
A civil lawsuit does not require a unanimous jury vote.
Q:
A nolo contendere plea can be used as evidence of liability against the accused at a subsequent civil trial.
Q:
Explain the torts of appropriation and invasion of the right to privacy with examples.
Q:
A person charged with a crime in the United States is presumed guilty until proven innocent.
Q:
A crime is the violation of a statute for which the government imposes a punishment.
Q:
If the accused cannot afford a private defense lawyer, the government will provide one free of charge.
Q:
________ refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction.
A) Demand chain
B) Chain of command
C) Chain of distribution
D) Value chain
Q:
According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product?
A) only the manufacturers of the products
B) only the parties directly involved in the sale of the product to the customer
C) all parties providing services related to the product
D) all parties in the chain of distribution
Q:
Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitles to?
A) Betty can sue Harvey's department store for negligence.
B) Betty can sue either Harvey's department store or FlatPlanes, Inc. for strict liability.
C) Betty can only sue FlatPlanes, Inc. for strict liability as they manufactured the defective lawnmower.
D) Betty can only sue Harvey's department store for strict liability as they sold her the defective lawnmower.
Q:
Which of the following statements is true about the strict liability doctrine?
A) Privity of contract between the injured party and defendant is mandatory.
B) Injured bystanders cannot recover damages under the strict liability doctrine.
C) Parties in the chain of distribution are strictly liable only to the customer who buys the product.
D) Injured bystanders are entitled to the same protection as the consumer or user.
Q:
Mary was getting a ride home in John's new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation?
A) Mary can recover from a strict liability lawsuit against the manufacturer of John's car.
B) Mary can file a strict liability lawsuit against John.
C) Mary can file a negligence lawsuit against the dealership that sold John his car.
D) John can file a negligence lawsuit against the dealership from which he bought the car.
Q:
________ refers to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.
A) Reliance damages
B) Consequential damages
C) Punitive damages
D) Nominal damages
Q:
How is assault different from battery?
Q:
Ruggers is a maker of a range of highly popular cruise motorcycles. Tim buys a Ruggers motorcycle from a dealership and suffers an accident. While recuperating from his injuries, he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years, owing to a previously unknown defect in their braking systems. Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages. The defect in the motorcycle is found to be half responsible for the accident, while Tim's own negligence of traffic rules contributed to the rest. Under the doctrine of contributory negligence, what would be the ruling of the court hearing this case?
A) Tim cannot recover any damages from the motorcycle manufacturer.
B) Tim can recover $25,000 worth of damages from the Ruggers and the rest from the dealership from which he purchased the motorcycle.
C) Tim can recover $50,000 worth of damages plus any punitive damages that may be awarded by the jury.
D) Tim can recover $50,000 worth of damages from the motorcycle manufacturer.
Q:
________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.
A) Absolute liability
B) Contingent liability
C) Superior responsibility
D) Strict liability
Q:
Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. The pacemaker is manufactured by Benford, Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. Supposing that the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure?
A) Benford, Inc
B) Dr. DeBenedetto
C) Henry
D) Sacred Heart Hospital
Q:
Which of the following statements is true about strict liability?
A) It applies only to manufacturers of a defective product.
B) It is liability without fault.
C) It requires privity of contract between the plaintiff and the defendant.
D) It covers casual sales and transactions.
Q:
Allenby Spares, Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel, Inc. from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle. Which of the following is true of this situation?
A) Allenby Spares cannot be held strictly liable since the brake was manufactured by TurboDiezel.
B) TurboDiezel cannot be held strictly liable as the company is not the seller in this case.
C) Neither Allenby nor TurboDiezel can be held strictly liable for the faulty brake.
D) Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain.
Q:
Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a defective Supplemental Restraint System (SRS) of the vehicle, the airbag does not deploy and Ted is seriously injured. Which of the following statements is true of this situation?
A) Martin can be held strictly liable because he sold the car to Ted.
B) The car manufacturer cannot be held strictly liable as Ted had not bought the car from them.
C) Martin cannot be held strictly liable as the sale of the car counts as a casual transaction.
D) The driver of the other car can be held strictly liable due to his or her involvement in the accident.
Q:
Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following statements is true in this case?
A) Bertha cannot be held strictly liable as she was providing a service.
B) Bertha can be held strictly liable for the death of her patient.
C) Bertha and the medical staff assisting in the surgery are strictly liable for the death.
D) The donor of the kidney can be held strictly liable for the death of the patient.
Q:
In order to claim damages for negligence per se, the plaintiff has to prove that ________.
A) the defendant made a false representation of material fact
B) the defendant was in exclusive control of the situation
C) the plaintiff was within a class of persons meant to be protected by the violated statute
D) the plaintiff was affected by malicious statements made by the defendant about his/her character
Q:
________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.
A) Res ipsa loquitur
B) Assumption of the risk
C) Duty of care
D) Good Samaritan law
Q:
________ refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.
A) Assumption of risk
B) Comparative fault
C) Contributory negligence
D) Comparative negligence
Q:
A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign. The jury finds that the driver was 80 percent responsible for the accident and the jaywalker was 20 percent responsible. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases, the pedestrian is entitled to recover ________.
A) no damages from the driver
B) $100,000 from the driver
C) $20,000 from the driver
D) $80,000 from the driver
Q:
The term ________ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant.
A) comparative negligence
B) contributory negligence
C) assumption of risk
D) negligence per se
Q:
________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.
A) Res ipsa loquitur
B) Negligence per se
C) Doctrine of proximate cause
D) Doctrine of comparative negligence
Q:
________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.
A) Good Samaritan law
B) Assumption of the risk
C) Duty of care
D) Res ipsa loquitur
Q:
Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________.
A) breach of duty of care
B) negligent infliction of emotional distress
C) transfer of intent
D) tort of outrage
Q:
The violation of a statute that proximately causes an injury is termed as ________.
A) negligence per se
B) disparagement
C) misappropriation
D) res ipsa loquitur
Q:
A pedestrian trips and falls on a poorly lighted sidewalk in front of Kate Geller's house and is injured. If the pedestrian sues for damages, which of the following parties is would be liable to pay the damages?
A) the civic authority
B) Kate Geller
C) the residents' association of the locality
D) the pedestrian
Q:
What is meant by "causation in fact"?
A) the facts stated by a plaintiff during trial
B) a defendant's negligent act that caused the plaintiff's injuries
C) a defendant's defense against a case of negligence
D) a defendant's plea of guilt due to negligence
Q:
________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.
A) Causation in fact
B) Point of reason
C) Point of appropriation
D) Proximate cause
Q:
If a lawyer fails to file a document with the court on time, causing his client's case to be dismissed, he would be liable for ________.
A) professional malpractice
B) intentional misrepresentation
C) tort of appropriation
D) breach of the duty of care
Q:
Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________.
A) tort of outrage
B) breach of duty of care
C) negligent infliction of emotional distress
D) transfer of intent
Q:
The violation of a statute that proximately causes an injury is termed as ________.
A) disparagement
B) res ipsa loquitur
C) negligence per se
D) misappropriation