BLAW Test 2 Review
________ liability is imposed on one person for the acts of another.
Vicarious
When does booking occur in. criminal procedure?
after the defendants arrest
________ occurs when someone intentionally takes an action that causes a person to breach a contract she or he has with another.
Intentional interference with contract
According to the Mail Fraud Act of 1990, which is an essential element to prove mail fraud? - negligence - absolute liability - strict liability - intent to defraud
intent to defraud
Under the traditional common law, to which of the following categories of individuals does a business property owner owe the highest obligation? - licensees - trespassers - invitees - transferees
invitees
The Racketeer Influenced and Corrupt Organization Act prohibits persons employed by or associated with an enterprise from engaging in a pattern of _______ activity.
racketeering
When liability is assessed without the guilty-mind criterion, it is known as _______ liability
strict
Jackie negligently causes serious physical and economic harm to Roberto in a car crash. In the negligence action, Jackie would be referred to as the __________.
tortfeasor
In which year was the Mail Fraud Act passed?
1990
________ is a defense available to defendants where a defendant must prove the plaintiff voluntarily undertook the risk the defendant caused.
Assumption of the risk
The National Information Protection Act of 1996 amended the ______ Act.
Computer Fraud and Abuse
What is the current rule regarding whether a corporation can be held criminally responsible?
Currently, corporations can be held criminally accountable for almost any crime.
Forgery is a type of _______.
Fraud
In this state of mind, a defendant commits a wrongful act if the person believes that the act is wrongful and does nothing to confirm or disconfirm this belief.
Knowing
Strict-Liability offenses are ________.
Offenses for which no Mens Rea is required
In this state of mind, a defendant commits a crime by engaging in a specific wrongful behavior to bring about a specific wrongful result.
Purposeful
________ was originally enacted to combat organized crime.
The Racketeer Influenced and Corrupt Organization Act
________ crimes are nonviolent illegal acts against society.
White-collar
How is embezzlement distinguishable from larceny?
With embezzlement, the defendant does not take the property from another; instead, the defendant is already in possession of the property.
The purpose of ________ law is to punish an offender for causing harm to public health, safety, or morals.
criminal
Actual cause is also known as cause in ________.
fact
A petit jury is a ______ jury.
fact-finding
Misdemeanors are punishable by
fines and/or imprisonment for less than 1 year
A computer crime can be committed by a corporate insider, such as an employee, or by an outsider, such as a _______.
hacker
Felonies are punishable by
imprisonment for more than one year in a penitentiary or by death
Where can an absolute privilege arise?
in a courtroom
Proximate cause is also referred to as ________ cause.
legal
A _______ issues the arrest warrant.
magistrate
Professional negligence cases are often referred to as _______ cases.
malpractice
In a _______ comparative negligence jurisdiction, courts calculate damages in the same manner as a pure comparative negligence jurisdiction, except that the defendant in a case must be more than 50 percent at fault before the plaintiff can recover.
modified
Which of the following is not a required element of battery? - offensive (to the victim) - negligent (by the defendant) - unwanted (by the victim) - intentional (by the defendant)
negligent (by the defendant)
Commercial bribery includes a bribe in exchange for a new information or ________.
payoffs
What is the principle reason for bail?
to ensure that a defendant will return for trial
What is the purpose of the law against the statutory offense of "bribery of a public official"?
to maintain the integrity of the government
Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate ________
probable cause
Which of the following is not an objective of tort law? - to punish wrongdoers - to promote a just society - to provide compensation for injured parties - to maintain order in society
to punish wrongdoers
Petty offenses are punishable by
a jail sentence of less than six months or a small fine
Identify the torts that are collectively called invasion of privacy torts. - professional negligence - public disclosure of private facts - actual malice - appropriation for commercial gain - false light - intrusion on an individuals affairs or seclusion
- public disclosure of private facts - appropriation for commercial gain - false light - intrusion on an individuals affairs or seclusion