Q&A Hero

Q: Which of the following is an example of invasion of privacy? A. A tenant continuing to stay in a house even after the lease period has expired. B. The act of wrongfully selling or mortgaging the goods of another. C. The act of putting an ad in the paper saying that a person does not pay his or her bills. D. A person providing false statements on a seller's ownership of goods offered for sale.

Q: Under the tort of invasion of privacy: A. some widespread dissemination of information is necessary for liability. B. true, but public facts about a person can be an invasion of privacy. C. truth is a defense to "publication of private facts." D. newsworthy items can be the basis of a successful suit.

Q: In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that: A. the wrongfully brought suit did not terminate in his favor. B. the suit was brought with probable cause to believe the suit was justified. C. the suit was brought for an improper purpose. D. the wrongfully brought suit terminated in the defendant's favor.

Q: William Key Collins called his insurance adjuster, Morris Gage, to discuss a claim. During their phone conversation, Gage told Collins that his chiropractor, Kenneth Ark, was "a quack." Dr. Kenneth Ark overhears this conversation and wants to sue Morris Gage. Which of the following statements is true? A. Ark can recover from Gage for libel, but only if he proves special damages. B. Ark can recover from Gage for slander, but only if he proves special damages. C. Ark can recover from Gage for libel, and actual damages will be presumed. D. Ark can recover from Gage for slander, and actual damages will be presumed.

Q: Which of the following statements supports the explanation of libel? A. Broadcast defamation, which involves both oral and visual impressions, is generally considered to be libel. B. Damages are presumed in libel, though the statement is not defamatory on its face. C. Oral defamation, causing injury to a person's reputation and causing that person considerable anguish and harm is considered to be libel. D. Private statements between spouses may be defamatory and will be considered to be libel.

Q: Which of the following statements is conditionally privileged in defamation suits? A. Statements by members of Congress on the floor of Congress. B. Statements made in the furtherance of legitimate business interests. C. Statements by participants in judicial proceedings. D. Private statements between spouses.

Q: For a public figure to sue for defamation, he/she must prove: A. actual malice. B. misuse of privilege. C. violation of a statute. D. invasion of privacy.

Q: Lani is upset with her roommate Bill because he refuses to clean up after himself. In a fit of rage, Lani tries to hit him on his head but misses. At the time, Bill is turned away from Lani and is completely unaware that she tried to hit him. Under these circumstances: A. Lani is liable only for battery. B. Lani is liable only for assault. C. Lani is liable neither for battery nor assault. D. Lani is liable for causing mental distress.

Q: Seth was shopping at a local music store looking for a CD, when he suddenly remembered that he had an appointment with his math professor. He pulled his calendar out of his backpack only to discover that he was late for the appointment. Seth quickly put the calendar back into his backpack and ran out of the store. As he made his exit from the store, a security guard asked Seth to accompany him to an office at the back of the store to which Seth consented. Once there, the guard accused Seth of shoplifting. The guard quickly searched Seth and his backpack and found nothing. The guard apologized to Seth and explained that the store had recently experienced an outbreak of theft. The whole incident took less than five minutes. Under these circumstances: A. Seth can sue the store for false imprisonment. B. Seth can sue the store for false imprisonment, emotional distress, and battery. C. The store has conditional privilege to stop persons it feels are shoplifting as long as the owner acts in a reasonable manner and detains the suspect only for a reasonable length of time. D. The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable for punitive damages.

Q: The tort of false imprisonment protects: A. the right to life. B. only the freedom of movement. C. mental and physical interests. D. only the freedom from knowledge of confinement.

Q: Which of the following denotes an injury to a person's reputation? A. Disparagement B. Defamation C. Battery D. Malice

Q: Monica owed Bob $500, which was more than a year overdue. Bob got drunk at a party and told everyone there that Monica had owed him $500 for over a year. Can Monica recover from Bob for defamation? A. Yes, because Bob abused his conditional privilege. B. No, because Bob has the defense of truth. C. Yes, because Bob communicated the statement to third persons and defamed her. D. Yes, because a statement saying that a person does not pay his/her debts on time is slander per se.

Q: The plaintiff's burden of proof in a tort case is proof by a preponderance of the evidence, which is applied in: A. a case where the defendant's life may be at stake. B. a case where the defendant's liberty may be at stake. C. a case where the defendant's money is at stake. D. all criminal cases

Q: Loud Larry is a popular talk show host who likes to take a confrontational approach to interviewing his guests. Larry is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the course of the interview, Larry attempts to demonstrate the harmless effects of secondhand smoke by blowing smoke directly in Alice's face. Under these circumstances: A. Larry may be liable for battery. B. Larry would not be liable for battery because he did not touch her body. C. Larry may be liable for false imprisonment. D. Larry may be liable for defamation.

Q: Mike snatched Kathy's purse off her shoulder while she was walking on the street. She, with the help of few others on the street, caught him and produced him before court. Which of the following torts could Kathy prove in a lawsuit against Mike? A. Assault B. Battery C. Defamation D. Disparagement

Q: Compensatory damages are also known as: A. actual damages. B. punitive damages. C. nominal damages. D. statutory damages.

Q: Punitive damages: A. are a small amount of compensation given to the plaintiff. B. are like actual damages but do not seek to deter the defendant. C. are damages far less than the plaintiff's injuries, awarded to punish the plaintiff. D. are damages in excess of the plaintiff's injuries, awarded to punish the defendant.

Q: The elements of an intentional tort are: A. harm to another person/property and intent. B. harm to person or property, violation of a statute, and intent. C. violation of a statute and intent. D. harm to person or property and violation of a statute.

Q: In cases of slander per se, defendants are not liable if the statements they uttered were true.

Q: Truth is not a defense to a defamation action.

Q: Using a person's name or likeness for commercial purposes without that person's consent is a form of invasion of privacy.

Q: Tim takes a shortcut across John's yard on his way to school. Even if John gives Tim permission to use John's yard as a shortcut, Tim has still trespassed on John's property.

Q: Use of force to drive away a person's customers or employees leads to a tort called disparagement.

Q: Libel and slander refer to acts of oral defamation by a malicious agent.

Q: Assault is an intentional, nonconsensual touching that is harmful or offensive.

Q: In order to keep Pat from leaving the house, Geoff locked the front door of his house but forgot to lock the back door. Geoff has falsely imprisoned Pat.

Q: A defendant's actions must be outrageous in order to be found guilty of intentional infliction of emotional distress.

Q: Why does the legal system have safeguards to protect the accused? Name a few of these provisions given to them.

Q: Explain two laws governing computer privacy and cybercrime.

Q: Mexico has decided to join the Council of Europe's "Convention on Cybercrime." What does Mexico need to do as a part of this convention?

Q: Consent can be a defense to battery only if the consent is freely and intelligently given.

Q: Define crimes, and differentiate between felonies and misdemeanors, mentioning the penalties by which each is punishable.

Q: What are the essential elements that must be shown by the government to obtain a criminal conviction?

Q: Both federal and state laws spell out the specifics of cybercrime. According to these laws: A. accessing the services of a commercial service provider without paying fees is a crime. B. altering or destroying data stored in another person's computer is not considered illegal. C. a corporation is not liable for the online activities of its employees. D. only an individual may face liability based on the use of electronic communication; corporations are out of their purview.

Q: Which Act protects against unauthorized interception of electronic communications? A. The Wiretap Act B. The Stored Communication Act C. The Computer Fraud and Abuse Act D. The Cyber Security Enhancement Act

Q: The Computer Fraud and Abuse Act: A. includes only criminal penalties. B. prohibits interference with computers used by the government or financial institutions. C. prohibits an authorized person from unknowingly transmitting a code to a computer used in interstate commerce. D. enables providers to disclose the contents of electronic communication to intelligence officials.

Q: Which of the following statements is true about the Cyber Security Enhancement Act of 2002? A. It prohibits acts of sabotage or vandalism to protected computers or networks. B. It authorizes death penalty for individuals who knowingly or recklessly commit a computer crime specifically in foreign commerce. C. It authorizes a 10-year sentence for individuals who recklessly commit a computer crime that results in serious bodily injury. D. It allows an ISP to disclose private information to a government agent if the ISP believes that the information concerns a serious crime.

Q: The CAN-SPAM Act: A. requires that all e-mail messages be labeled. B. requires that unsolicited commercial e-mail include opt-out instructions. C. prohibits interference with computers used by the government or financial institutions. D. allows an ISP to disclose private information to a government agent if the provider believes that the information concerns a serious crime.

Q: The "Convention on Cybercrime" obligates participating countries to: A. disclose private information to government agents. B. create a "do-not-e-mail registry."

Q: Which of the following is an example of cooperative antibribery efforts aimed at combating corruption in international business dealings? A. ECPA B. CFAA C. IACAC D. CSEA

Q: Dexter Hemingway is the CEO and Todd Bradley is the CFO of Maxwell Inc. Unknowingly, both signed the financial report for the year 2006-07, which was later found to be fraudulent and misleading. Can they be held liable for punishment? A. Under the Sarbanes-Oxley Act, both of them must reimburse the company. B. Under the Sarbanes-Oxley Act, only the CEO will be liable for punishment. C. Under RICO, both of them are required to reimburse the company. D. Under RICO, only the CFO will be liable for punishment.

Q: The _____ includes civil, criminal, and accounting reforms that drastically expand the accountability demanded of corporate officers and directors. A. Electronic Communications Privacy Act B. Foreign Corrupt Practices Act C. Computer Fraud and Abuse Act D. Sarbanes-Oxley Act

Q: Which of the following statements is true of RICO? A. It prohibits using income derived from racketeering activity to acquire an interest in an enterprise. B. Companies involved in bribery do not face civil liability. C. Participating in an enterprise through a pattern of racketeering activity is permissible. D. To be charged for racketeering, the prosecution must prove, at a minimum, the commission of a single offense within a 10-year period.

Q: Under RICO, _____ is considered a racketeering activity. A. arson B. homicide C. extortion D. larceny

Q: Under the mandates of RICO, an individual injured by the racketeering of a company can claim treble damages. This means that he/she can: A. recover three times the damage plus attorneys' fees. B. recover two times the damage plus attorneys' fees. C. only recover three times the damage. D. recover the basic amount lost plus attorneys' fees.

Q: The responsible corporate officer doctrine: A. directs that corporate officials and agents may be held liable for crimes they aid and abet. B. states that officials cannot be tried for homicide and related crimes. C. says that corporate officials have no liability if they have no knowledge of the activities in question. D. directs that corporate officials may be tried only for crimes that they personally commit.

Q: Which of the following statements is true about the Federal Sentencing Guidelines? A. They are designed to establish consistent sentences for homicides only. B. They require judges to arrive at a sentence by using a formula based on the seriousness and circumstances of the crime. C. They specifically mandate lenient penalties for corporations dealing with white-collar crimes. D. They mandate a minimum one-month prison term for tax frauds.

Q: Under the Sarbanes-Oxley Act of 2002: A. it is a misdemeanor to defraud shareholders. B. it is a felony to defraud shareholders of a private company. C. whistleblowers are offered legal protection. D. CEOs and CFOs cannot be held liable for any misconduct.

Q: The Fourth Amendment safeguards are designed to protect individuals from arbitrary and unreasonable governmental intrusion on their right to privacy. In assessing whether a governmental action has infringed on an individual's rights, the court: A. will always grant the government the ability to do whatever it deems necessary. B. must balance the governmental need against the rights of the individual. C. will always rule in favor of individual rights over that of the government. D. must balance both, but ultimately grant the government the ability to do whatever it deems necessary.

Q: One of the major criticisms faced by the USA PATRIOT Act is that: A. it compromises the public's Fourth Amendment rights. B. it increases judicial and congressional oversight on the use of increased surveillance techniques. C. it tips the balance too heavily in the individual's favor. D. it decreases the information-sharing power between investigative agencies.

Q: What is a white-collar crime? A. It is a nonviolent crime committed against the federal investigative agencies. B. It is a terrorism-related crime that poses significant threat to the general public. C. It is a nonviolent crime committed by businesspersons and organizations. D. It is a violent crime committed against businesspeople and organizations.

Q: The prohibition against excessive bail and fines can be found in the: A. Eighth Amendment. B. Fourth Amendment. C. Fifth Amendment. D. Sixth Amendment.

Q: Which of the following is included in the Fifth Amendment? A. The prohibition against double jeopardy B. The prohibition against excessive bail and fines C. The exclusionary rule D. The right of confrontation

Q: The _____ Amendment prohibits arbitrary and unreasonable governmental intrusion of the right to privacy. A. Fifth B. Sixth C. Fourth D. Eighth

Q: Illegally gained evidence such as evidence resulting from "unreasonable searches and seizures" cannot be used in criminal prosecutions. This is a safeguard enjoyed by criminal defendants under the: A. Miranda warning. B. exclusionary rule. C. right of confrontation. D. double jeopardy.

Q: Which of the following statements is true about the Miranda warning? A. It is a protection offered to the U.S citizens under the Eighth Amendment. B. It gives defendants the right to a speedy, public trial by a jury of their peers. C. It allows accused persons the right to confront accusers and cross-examine them. D. It gives people charged with a criminal offence the right to be represented by effective counsels.

Q: Mrs. Medea killed her illegitimate child and buried it in her backyard, soon after giving birth to it in 1952. Thirty-seven years later, in September 1989, Medea called Captain Erebus Ereshkigal of the New York Police Department and blurted out the story over the telephone before Ereshkigal could utter a single word. She then told him that voices from her backyard told her to confess to the crime. Medea told the police where to dig, and they unearthed a metal box containing the skeletal remains of a baby in her yard. Which of the following is a true statement? A. The remains cannot be used in evidence against Medea because this would violate her Fifth Amendment privilege against self-incrimination. B. The remains can be used in evidence against Medea because this would not violate her Fifth Amendment privilege against self-incrimination. C. The remains cannot be used in evidence against Medea because Erebus did not inform her of her right to remain silent before she told him her story. D. The remains can be used in evidence against Medea because they are not incriminating to her.

Q: Disenfranchisement refers to the loss of the right to vote: A. when a person is convicted of a white-collar crime. B. when a person is convicted of abuse. C. which might result from the conviction of a felony. D. as a result of misdemeanor.

Q: For a person to be convicted of criminal behavior, which of the following statements would be true? A. The state must demonstrate a prior statutory prohibition of the act. B. Insanity at the time the criminal act was committed can convict a defendant for it. C. Criminal defendants are presumed guilty. D. Those who commit a prohibited act before the effective date of the statute may be prosecuted.

Q: "Mens rea" means: A. misdemeanors. B. public wrongs. C. insanity. D. criminal intent.

Q: According to the concept of ____, a 13-year old accused of shoplifting cannot be convicted. A. infancy B. insanity C. premeditation D. intoxication

Q: Alex had planned to murder his business partner, Bard, and acquire Bard's shares. When he performed the deed, he was in a highly intoxicated state. The court: A. will hold him incapable of forming intent and give a bail. B. will hold him capable of forming intent and punish him for first-degree murder. C. will hold him incapable of forming intent and punish him for second-degree murder. D. will hold him capable of forming intent and give him a death penalty.

Q: In which of the following ways can insanity affect a criminal trial? A. The trial may be delayed until the defendant regains sanity. B. A defendant who becomes insane before sentencing can be sentenced. C. Insanity at the time of the criminal act will not absolve the defendant of criminal liability. D. The defendant will be acquitted but will have to undergo treatment.

Q: Under the ECPA, an electronic communication provider may disclose the contents of an electronic communication if the disclosure was made as part of government-authorized surveillance.

Q: The chief executive officer (CEO) and chief financial officer (CFO) must certify reports submitted to the SEC.

Q: Acquiring or maintaining an interest in an enterprise through a pattern of racketeering activity is prohibited under RICO.

Q: The treble damages provision is applicable to individuals injured by violations of the Sarbanes-Oxley Act of 2002.

Q: The Foreign Corrupt Practices Act makes it a crime for any American firm to offer a gift to a foreign official.

Q: Defendants in criminal cases have the right to remain silent and cannot be compelled to testify against themselves.

Q: Under the doctrine of double jeopardy, acquitted defendants can be tried twice for the same crime.

Q: The USA PATRIOT Act restricts law enforcement's ability to use surveillance techniques and calls for increased judicial and congressional oversight.

Q: A corporate officer may sometimes be found liable even when the officer had no actual knowledge of, or control over, the activities in question.

Q: Non-testimonial evidence such as fingerprints, hair samples, and bodily fluids can be obtained through compulsion.

Q: Conviction of a felony can result in disenfranchisement.

Q: Ex post facto laws are statutes that would punish someone for an act that was considered criminal when the act was committed.

Q: The concept of infancy is a set of common law presumptions about the relation between capacity and gender.

Q: Voluntary intoxication is a complete defense to a crime.

Q: Duff Beer applied to the Bureau of Alcohol, Tobacco and Firearms (BATF) for approval of proposed labels and advertisements that disclosed the alcohol content of its beer. BATF rejected the application on the grounds that the Federal Alcohol Administration Act prohibited disclosure of the alcohol content of beer on labels or in advertising. The labeling regulations also prohibited the use of descriptive terms that suggest high alcohol content, such as "strong," "full strength," or "extra strength." Duff claimed the labeling restrictions violated its First Amendment rights. The government responded that the ban was necessary to suppress the threat of "strength wars" among brewers, who, without the regulation, would seek to compete in the marketplace based on the potency of beer. Discuss the analysis courts will use in evaluating the constitutionality of this restriction.

Q: Explain the process followed by the courts in accordance with the Chevron Doctrine to determine whether to sustain an agency's interpretation of the statutory scheme it is charged with administering.

Q: Crimes are private wrongs, pursued by private attorneys.