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BLAW Exam 2
What is double jeapordy?
What is intentional emotional distress?
BLAW Exam 2
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1
What is intentional emotional distress?
intentional invasion into one's right to solitude
outrageous or reckless conduct (creates severe mental/emotional stress)
holding of a person that restricts their freedom of movement
intentional physical contact without consent
2
What is double jeapordy?
Found guilty, can't be tried again
Found innocent, can be tried again
Found innocent, can't be tried again
Found guilty, can be tried again
3
What is comparitive negligence?
If plaintiff is negligent at all, recovery is possible
If plaintiff is negligent at all, recovery is not possible
Negligence contributed by plaintiff injury (split damages w/ plaintiff)
Negligence contributed by plaintiff injury (split damages w/ defendent)
4
Which class or misdemeanor is the worst?
A
D
B
C
5
Anti trust definition
Offer or taking money or other goods to influence official actions
Price fixing and bid rigging
Hiding assets in bankruptcy proceedings
Copying of genuine article without authorization on that passed real
6
What is insider tradings?
Improper billing by healthcare providers for services rendered
Improper billings of government agencies (selling of inferior goods)
Violation of security law (person in position of trust)
Violations of statutes related to environments
7
Defendent does NOT have the right to the 5th Amendment to trial
False
True
8
What is contributory negligence?
If plaintiff is negligent at all, recovery is not possible
If plaintiff is negligent at all, recovery is possible
Negligence contributed by plaintiff injury (split damages w/ plaintiff)
Negligence contributed by plaintiff injury (split damages w/ defendent)
9
Common Law: Defamation Per Se means evil on its face
False
True
10
In civil procedure, everything is shared
True
False
11
What is security fraud?
any fraud or illegal scheme that uses mail to transmit materials
electronic communications as part of a contract with consumers
churning accounts (buy & sell to get commission, improper fees, false info)
failure to provide insurance benefits that are due and lying to insurance
12
What is negligence?
Duty breached by an act or omission by wrong doer: breached duty of care
Provide compensation for wrongful injury & return plaintiff to og position
Damages suffered by injured party
Intentional harm to injured party
13
What is fraud?
intentional invasion into one's right to solitude
deliberate deception (based off intentional tort-desire to misrepresent)
outrageous or reckless conduct (creates severe mental/emotional stress)
holding of a person that restricts their freedom of movement
14
What are lesser offenses (misdemeanor)?
Crimes that had no damages
Crimes may be punished with less than one year in prison (fines/penalty)
Crimes that had little damages
Crimes may be punished with more than one year in prison (fines/penalty)
15
Felonies and Misdemeanors are classified by what?
X, Y, and Z
G, H, and I
D, E, and F
A, B, and C
16
What is mail fraud?
failure to provide insurance benefits that are due and lying to insurance
electronic communications as part of a contract with consumers
any fraud or illegal scheme that uses mail to transmit materials
churning accounts (buy & sell to get commission, improper fees, false info)
17
What are white collar crimes?
Anti trust, bankruptcy, bribery, counterfeit
Bankruptcy, bribery, counterfeit, computer internet fraud
Bribery, counterfeit, computer internet fraud, anti trust
Anti trust, bankruptcy, bribery, counterfeit, computer internet fraud
18
What is interference with contractual relations?
intentional invasion into one's right to solitude
outrageous or reckless conduct (creates severe mental/emotional stress)
contract between 2 partes, 3rd party interferes, og party breaches contract
deliberate deception (based off intentional tort-desire to misrepresent)
19
What is actual cause?
Plaintiff injury directly caused by defendant act & reasonably forseeable
the plaintiff's injury would not have occurred without the defendant's act
20
Businesses CAN be convicted of a crime
False
True
21
What is an alibi?
Was not at the place of the crime
Prove you didn't have mental state to commit crime
Propencity to commit crime is out
Defense for the same act
22
Some torts are crimes
False
True
23
What is causation?
Evidence that's going to link person conduct that would result in accident
Logical linkage between the careless conduct & injury suffered
24
What can be distinguished from civil law?
Felonies
Misdemeanor
Misdemeanor and felonies
Violent crimes
25
What is the primary area of product liability law?
Manufacturing defects & failure to warn
Manufacturing defects
Failure to warn
Unreasonably dangerous
26
Bribery definition
Copying of genuine article without authorization on that passed real
Price fixing and bid rigging
Offer or taking money or other goods to influence official actions
Hiding assets in bankruptcy proceedings
27
Under anti trust is the Sherman & Clayton Act
True
False
28
What is tax evasion?
churning accounts (buy & sell to get commission, improper fees, false info)
electronic communications as part of a contract with consumers
failing to report income, file tax returns
any fraud or illegal scheme that uses mail to transmit materials
29
What is product liability?
Warrenty for safety of housing which consumers can't protect themselves
Warrenty for safety of products which consumers can protect themselves
Warrenty for safety of products which consumers can't protect themselves
Warrenty for safety of housing which consumers can protect themselves
30
RICO can be used to seize assets or prevent transfer of assets
False
True
31
What is the landmark case for proximate cause?
Escebeto V. Illinois
Palsgrat V. Long Island Railroad
Terry V. Ohio
Miranda V. Arizona
32
What are the 3 defenses?
Entrapment, self defense, and insanity
Entrapment, insanity, self defense
Alibi, entrapment, and self defense
Alibi, entrapment, and insanity
33
Model Penal Code falls under what?
Insanity
Alibi
Self Defense
Entrapment
34
Prosecuters have to disclose what?
Favorable evidence
Exculatory evidence
Founded evidence
Reasonable evidence
35
What is civil liability provision?
Invaded the protected interest of another
Indentifying official owners of assets
Private litigation could arise from RICO statutes
False statements including making it appear it could be a charity
36
What are business & torts used for?
Most torts actions are through agents, employees, & products
Most torts actions are through products
Most torts actions are through employees
Most torts actions are through agents
37
All crimes have the mental intent to commit the crime
False
True
38
Negligence is unintentional, but is careless conduct
True
False
39
Rule of Caveat Emptor "as is" is a contract law
True
False
40
Scienter means evil mind
True
False
41
What is intential tort?
Person has purpose & desire to commit tort (knew what they're doing)
Person has no purpose to commit tort (didn't know what they're doing)
42
What are torts?
Used to seize assets or prevent transfer of assets
Setting up sham enterprises for ill gotten on gains
Civil wrongs - invaded the protected interest of another
False statements including making it appear it could be a charity
43
What is Anti Money Laundering Act?
Electronic communications as part of a contract with consumers
Gov trace transmission of assets to report sus activites & transaction
Theft from client accounts (brokers & dealers)
Violation of federal and state laws for failing to report income
44
What is money laundering?
Theft from client accounts (brokers & dealers)
Hiding truth of the origins of money & failing to report sources income
Violation of federal and state laws for failing to report income
Electronic communications as part of a contract with consumers
45
What is insanity?
Was not at the place of the crime
Prove you didn't have mental state to commit crime
Defense for the same act
Propencity to commit crime is out
46
What is healthcare fraud?
Violations of statutes related to environments
Improper billings of government agencies (selling of inferior goods)
Improper billing by healthcare providers for services rendered
Violation of security law (person in position of trust)
47
What is false imprisonment?
intentional physical contact without consent
intentional conduct directed at a person that places them in fear of harm
holding of a person that restricts their freedom of movement
permission to interfere w/ another under some circumstances force for force
48
What is interference with prospective advantage?
predatory behavior to destroy a business (intentional not negligence)
contract between 2 partes, 3rd party interferes, og party breaches contract
outrageous or reckless conduct (creates severe mental/emotional stress)
deliberate deception (based off intentional tort-desire to misrepresent)
49
What is environmental law for criminal penalties? (state & federal)
Violation of security law (person in position of trust)
Improper billing by healthcare providers for services rendered
Violations of statutes related to environments
Improper billings of gov agencies (selling of inferior goods)
50
Criminal Evidence burden is much higher
False
True
51
What is hung jury?
Mistrial - up to prosecution to bring trial back or retrial
Mistrial - up to jury to bring trial back or retrial
Mistrial - up to judge to bring trial back or retrial
Mistrial - up to government to bring back trial or retrial
52
What is entrapment?
Prove you didn't have mental state to commit crime
Propencity to commit crime is out
Defense for the same act
Was not at the place of the crime
53
What is Mens Rea?
Malice not based on intent & disregard the right of others
Had necessary intent
Did not have necessary intent
Malice based on intent & disregard the rights of others (prove guilty mind)
54
What is battery?
give permission to interfere w/ another under some circumstances
intentional physical contact without consent
holding of a person that restricts their freedom of movement
intentional conduct directed at a person that places them in fear of harm
55
What is assault?
intentional physical contact without consent
intentional conduct directed at a person that places them in fear of harm
give permission to interfere w/ another under some circumstances
holding of a person that restricts their freedom of movement
56
Counterfeit definition
Copying of genuine article without authorization on that passed real
Offer or taking money or other goods to influence official actions
Price fixing and bid rigging
Hiding assets in bankruptcy proceedings
57
What is Actus Reus?
Malice based on intent
Had the intent necessary (they did the act)
Have to prove guilty mind
Did not have intent necessary (they didn't do the act)
58
What is exclusionary rule?
Evidence is verified, then evidence is allowed in court
Evidence is tainted, then evidence is allowed in court
Evidence is verfied, then evidence is out for court
Evidence is tainted, then evidence is out for the court
59
Felonies have greater punishments?
True
False
60
What is arraignment?
Plea the charge - Plea is entered & bail is denied
Plea the charge - Plea is not allowed
Plea the charge - Plea is entered & bail is set or denied
Plea the charge - Plea is entered & bail is set
61
What is Government Fraud?
Improper billing by healthcare providers for services rendered
Violations of statutes related to environments
Violation of security law (person in position of trust)
Improper billings of government agencies (selling of inferior goods)
62
Per Se defamation DOES have to prove damages
False
True
63
What is product misuse?
if misuse is primary cause of injury - no cause of action
predatory behavior to destroy a business (intentional not negligence)
contract between 2 partes, 3rd party interferes, og party breaches contract
deliberate deception (based off intentional tort-desire to misrepresent)
64
What torts are crimes?
Assault & battery, False imprisonment
Assault & Battery
Battery & False imprisonment
False Imprisonment
65
Bankruptcy definition
Price fixing and bid rigging
Hiding assets in bankruptcy proceedings
Offer or taking money or other goods to influence official actions
Copying of genuine article without authorization on that passed real
66
What are torts classified as?
1st, 2nd, and 3rd
intentional, negligence, strict liability, product liability
Class A, B and C
67
What is invasion of privacy?
Manufacturing defects & failure to warn
Intrusion into seclusion- intentional invasion into one's right to solitude
Negligence contributed by plaintiff injury (split damages w/ defendent)
If plaintiff is negligent at all, recovery is not possible
68
What is proximate cause (legal cause)?
Requires the injury must be real
Requires the injury must be harmful
Requires the injury must be make believe
Plaintiff injury directly caused by defendant act & reasonably forseeable
69
What is Criminal Law?
Offense against state or federal government laws
Offense against federal government laws
Offense against state government laws
70
For trials, a burden is beyond reasonable doubt
True
False
71
What is RICO used for now?
Organized crimes
Used by gov as a catch all for a wide range of illegal activites
businesses and torts
Civil wrongings
72
What is defined by legislative law?
Breach of duties owed to government
Breach of duties owed to state
Breach of duties owed to country
Breach of duties owed to community
73
Felony usually carries more than how many years in prison?
3 years
1 year
4 years
2 years
74
You have to prove damages
True
False
75
What is substantial factor?
Strong case that will require good defense to defeat
Connection between act & resulting harm is broken by another act or event
Legal cause of injury: substantial factor in bringing injury
Prevent liability from being imposed
76
In discovery, criminal procedures are different from civil procedures
False
True
77
What is self defense?
Was not at the place of the crime
Prove you didn't have mental state to commit crime
Defense for the same act
Propencity to commit crime is out
78
What is Res Ispa Loguitar?
Legal cause of injury which is a substaintial factor in bringing the injury
Proving a proximate case on circumstantial evidence (requires good defense)
79
What is the Rule of Tort Law?
Provide compensation for wrongful injury & return plaintiff to og position
Persons conduct violates Duty of Care in particular situation
Duty breached by an act or omission by wrong doer: breached duty of care
Damages suffered by injured party
80
What is defamation?
outrageous or reckless conduct (creates severe mental/emotional stress)
intentional false communication to 3rd party (injure their reputation)
holding of a person that restricts their freedom of movement
intentional conduct directed at a person that places them in fear of harm
81
Computer internet fraud definition
Federal statutes unauthorized access to financial accounts & computer files
Hiding assets in bankruptcy proceedings
Copying of genuine article without authorization on that passed real
Offer or taking money or other goods to influence official actions
82
What is telephone & telemarketing fraud?
churning accounts (buy & sell to get commission, improper fees, false info)
any fraud or illegal scheme that uses mail to transmit materials
electronic communications as part of a contract with consumers
failure to provide insurance benefits that are due and lying to insurance
83
What are negligence based torts?
Logical linkage between the careless conduct & injury suffered
Person's conduct result accident "but for" their actions it wouldn't happen
84
"As Is" is "Capaet Emptor"
False
True
85
What is consent?
intentional physical contact without consent
holding of a person that restricts their freedom of movement
permission to interfere w/ another under some circumstances force for force
intentional conduct directed at a person that places them in fear of harm
86
What is intervening conduct?
Connection between act & resulting harm is broken by another act or event
Legal cause of injury: substantial factor in bringing injury
Prevent liability from being imposed
Strong case that will require good defense to defeat
87
What is duty of care?
Intentional harm to injured party
Damages suffered by injured party
Persons conduct violates Duty of Care in particular situation
Provide compensation for wrongful injury & return plaintiff to og position
88
What are violent crimes in felonies?
Robbery, rape, assuault, murder, offense, and manslaughter
Rape, assault, manslaughter, murder
Robbery, rape, assualt, murder, manslaughter, burglary, and theft/larceny
Burglary, theft, manslaughter, murder, and felonies
89
What is Business Crimes?
Embezzlment, larceny, theft
Larceny
Embezzlment
Theft
90
What is insurance fraud?
electronic communications as part of a contract with consumers
failure to provide insurance benefits that are due and lying to insurance
any fraud or illegal scheme that uses mail to transmit materials
churning accounts (buy & sell to get commission, improper fees, false info)
91
RICO stands for Racketeer Influences & Corrupt Organizations
True
False
