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B&P Law Unit 1 Test Review Flashcards | StudBud
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B&P Law Unit 1 Test Review
B&P Law Unit 1 Test Review
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1
Examples of intentional torts include
Assault and rape.
Negligence and arson.
Forgery and proximate cause.
False imprisonment and disparagement.
2
The early American colonists based their laws and early court decisions on
Roman administrative law.
The Roman Code.
English moral law.
English common law.
3
Failure to exercise the degree of care a reasonable person would exercise is
Intentional tort
Strict liability
Negligence
Nuisance
4
Statutory laws are signed by the president or governor after they are passed by the
State's Attorney
Regulatory Agencies
Legislators
Commerce Board
5
Embesslement is what criminals do when they need to hide large amounts of money illegally.
False
True
6
The two elements of a crime are
The required state of mind and the violence involved
The criminal act and the requred state of mind
The criminal act and the violence involved
The motive and whether or not violence was involved
7
The U.S. district courts have appellate jurisdiction over most federal cases.
True
False
8
Although the reasonable person test is very subjective, it is used primarily in intentional tort cases.
False
True
9
Current tort reform legislation includes survival statutes and wrongful death statutes.
True
False
10
One difference between criminal and civil procedure is
In civil cases procedures must be followed exactly, not in criminal cases
In civil cases defendants have a right to due process, not criminal cases
In criminal cases procedures must be followed exactly, not in civil cases
The judge can decide who has the right to doue process and who doesn't
11
The American legal system is a dual system made up of the federal court system and the state court system.
True
False
12
A set of laws made by the courts based on the customs and traditions of the people is called
The Roman Code
Administrative Law
Moral Law
Common Law
13
The tortfeasor is the plaintiff in a lawsuit.
True
False
14
The heart of the Golden Rule is empathy.
True
False
15
If a law enforcement officer induces a law-abiding citizen to commit a crime, the accused may claim
Entrapment
Insanity
Endangerment
Self-defense
16
Article VI of the U.S. Constitution contains the
Design of the judicial branch of the federal government
Right of women to vote
supremacy clause
Design of the executive branch of the federal government
17
A main difference between intentional torts & negligence: One is deliberate, the other is usually caused by carelessness
False
True
18
The person accused of a crime is called the plaintiff.
True
False
19
A difference between a crime and a tort is that a crime is committed against the public good, while a tort
Is considered a wrong against all of society
hurts all members of the community
Is caused when someone is being threatended
is committed against a particular person or property
20
Young people who appear before a juvenile court have
no right to a trial and no right to be released on bail.
The right to request to be tried as an adult.
A right to a trial and a right to be released on bail.
The right to an open trial in front of a jury.
21
Courts make laws in three ways: through common-law tradition, by interpreting statutes, and by the judicial review.
True
False
22
A false statement made orally to a third party is called
Slander
Libel
Breach of duty
Defamation
23
One advantage of mediation is
The parties are kept apart from each other.
The final decision is in the hands of an objective third party.
It can actually highlight the disagreement between the parties.
the final decision remains in the hands of the parties.
24
In criminal procedure, as opposed to civil procedure, the law requires
A court hearing right away.
Flexibility in following the procedures.
dur process to be waived.
Only one appeal.
25
To determine if the defendant's conduct was the proximate cause of the plaintiff's injury, the court applies the
Actual cause test
Forensic test
Proximate cause test
Foreseeability test.
26
The Act of stealing goods from a store is known as
Trespassing
Consumer Crime
Shoplifting
Public Nuisance
27
Invasion of privacy is an unintentional tort.
True
False
28
The negligence defense that might be used by a baseball club that is sued by spectators is
Contributory negligence
Comparative negligence
Proximate cause
Assumption of risk
29
The three branches of the U.S. government are known as the legislative, executive and judiciary branches...
True
False
30
Using explosives and keeping alligators as pets are examples of
Strict liability
Survival statutes
Negligence
Conversion
31
The remedies available in tort law usually include
Prison time for the tortfeasor
A public apology by the tortfeasor printed in the local newspaper
Financial compensation to the victim for injuries caused by the tortfeasor
Financial compensation for the victim and prison time for the tortfeasor
32
Morality involves the values that govern a society's attitude toward
Religion
Government
Law
Right and wrong
33
Articles IV of the U.S. Constitution is very important to American businesses because
It creates the opportunity for businesses to have freedom of speech
Many companies plan on adjudicating civil causes across state lines
It creates the system of checks and balances that companies must follow
Many companies do business in more than one state
34
The main sources of the law include constitutional law, commerce law, statues, and civil law.
True
False
35
If someone is found not guilty by reason of insanity, he or she
Has probably tricked the court.
Must receive psychiatric treatment.
Will go free.
Will be convicted of a misdemeanor instead.
36
One advantage of arbitration is
That the parties are kept apart from each other
The final decision is in the hands of an objective third party
That it can actually highlight the disagreement between the parties
The final decision remains in the hands of the parties
37
Motive plays no part in proving criminal liability.
False
True
38
A defense against a claim of negligence brought by someone injured as a results of parachute jumping is
Assumption of risk
Comparative negligence
Contributory negligence
Proximate cause
39
Procedures in juvenile court are similar to those of other courts.
False
True
40
Obstruction of justice is the only crime mentioned by name in the U.S. Constitution.
False
True
41
Even the most careless conduct will not result in liability for negligence unless there is actual harm.
False
True
42
An example of an unintentional tort is
Slander
A car accident.
Assault
Tresspassing
43
It is first-degree murder if someone is killed while the accused is committing another serious crime.
True
False
44
Decisions made by the highest court of any state follow the law of
Prosecution
Precedent
Original jurisdiction
Citation
45
Purjury is a crime against
A Business
Property
People
The Government
46
The purpose of International Criminal Court (ICC) is to provide free attorney services to US citizens arrested overseas.
True
False
47
Making loud noises late at night is an example of the tort of nuisance.
False
True
48
A minor offense that is usually punishable by a fine rather than jail time is called
An infraction
A misdemeanor
Entrapment
A felony
49
People convicted of second-degree murder can receive the death penalty in most states.
False
True
50
In a civil, as opposed to a criminal, case
The government brings charges against a person
A person is not guaranteed a lawyer
The law is intended to protect the general public
The case is investigated by the state
51
Sentences for youthful offenders are intended to rehabilitate rather than punish the offender.
True
False
52
People cannot use self-defense in court if they started the confrontation.
True
False
53
Laws passed by U.S. Congress, state legislatures, or local city councils are all
Statutory laws
Federal laws
Common laws
Administrative laws
54
The U.S. Supreme Court is the final authority regarding constitutionality of all laws and government actions.
True
False
55
An appeal in a civil case can
Be based only on the arguments made during arraignment
Lead to a retrial at the appellate level
Lead to fines or imprisonment
Be based only on the legal mistake by the judge