Legal Studies Final Exam
A group of citizens called to decide whether probable cause exists to believe that a suspect committed a crime with which the suspect has been charged is called which of the following?
A Grand Jury
A wrongful act that is an offense against society as a whole is
A crime
____ is an offeree's notification to the offeror that the offeree agrees to be bound by the terms of the offer, or proposal to form a contract.
Acceptance
Jill enters a gas station and threatens the attendant with a gun and then takes all of the cash. Jill will be charged with which type of robbery?
Aggravated robbery
In the Model Penal Code, a crime for which the maximum penalty is death is called a
Capital offense
Which of the following is not an example of real property?
Car
Which of the following refers to false statements published or publicly spoken that cause injury to another's good name, reputation, or character?
Defamation
Which of the following is an example of forgery?
Falsifying public records, Changing trademarks, Counterfeiting
One out of _____ paralegals spends most of his or her work time on criminal law.
Five
Traditionally, there are _____ broad categories of crimes.
Five
Samuel fraudulently alters his mother's will. Samuel is guilty of which of the following?
Forgery
Which of the following is not an example of an intentional tort?
Forgery
The taking of money, personal property, or any other article of value from a person by means of force or fear is called which of the following?
Robbery
Consequential damages are also known as which of the following
Special damages
Most crimes are defined by which of the following?
State legislatures
The state statute that specifies what types of contracts must be in writing (or be evidenced by a written document) is commonly referred to as the
Statute of Frauds.
Which of the following occurs when a trademark is used, without authorization, in a way that diminishes the distinctive quality of that mark?
Trademark dilution
A crime punishable by a fine or imprisonment for up to one year is called a(n)
misdemeanor
Kathleen tells Martin that she is purchasing a horse from him for breeding. If Kathleen later discovers that the horse is incapable of breeding she can
rely on the implied warranty of fitness to recover the purchase price.
When using online contract forms, it is important to
research the contract requirements in your state to verify that you are using the appropriate form.
A(n) ____ agreement is an agreement whose terms are expressed in a document located inside the box in which the goods (usually software) are packaged.
shrink-wrap
Lack of genuineness of assent may be used as a defense to a contract's enforceability due to
undue influence. duress. fraudulent misrepresentation
Jacob tries to steal Martha's purse in a shopping mall. Martha pulls a pistol out of her purse and shoots Jacob. Martha's use of force is
unlikely to be deemed reasonable
Robbery is a type of
violent crime and property crime.
Which of the following notions could provide the basis for a tort?
A wrong and compensation
Which of the following is an example of real property?
An acre of land
A court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment or information is called which of the following?
An arraignment
Tort law is concerned with which of the following?
Compensating those who have suffered injuries as a result of the wrongful conduct of others
Which of the following is not a term that refers to a public prosecutor?
Field attorney
Which of the following is not a pretrial motion used in a criminal case?
Motion for a directed verdict
If a defendant pleads guilty to a charge, which of the following is true?
No trial is necessary.
____ is a criminal defendant's plea in which the defendant chooses not to challenge, or contest, the charges brought by the government. This plea allows the defendant to be sentenced or fined, without admitting or denying guilt.
Nolo contendere
________ property consists of moveable items.
Personal
____ exists if there is a substantial likelihood that (1) a crime was committed and (2) the individual committed the crime.
Probable cause
The duty of care in tort law is measured under which of the following standards?
Reasonable person
The act of giving testimony that implicates one's guilt or participation in criminal wrongdoing and that is prohibited by the Fifth Amendment to the U.S. Constitution describes which of the following constitutional prohibitions?
Self-incrimination
The rights of a criminal defendant to a speedy and public trial by a jury, the right to confront witnesses, and the right to have a lawyer at various stages in some proceedings are guaranteed by which constitutional amendment?
The Sixth Amendment
Jillian enters into a contract with Betty to sell Betty two pounds of marijuana. The sale of marijuana is illegal. Which of the following is true of the contract?
The contract is void from the outset and unenforceable.
Which of the following is not an element of conversion?
The defendant has malicious intentions property
Which of the following is not an element of trespass to land?
The defendant is unaware that the land is owned by the plaintiff.
Which of the following is true once a search warrant has been obtained?
The search cannot extend beyond what is described in the warrant.
Jill unreasonably interferes with Martha's business and gains a larger share of the market. Jill is guilty of which of the following torts?
Wrongful interference with a business relationship
In a criminal case, the state must prove its case
beyond a reasonable doubt.
The process of entering a suspect's name, offense, and arrival time into the police log or blotter following the suspect's arrest is called the
booking.
In the Model Penal Code, a crime for which the maximum penalty is LIFE imprisonment is called a
first-degree felony.
To be guilty of forgery, a person would have to
fraudulently make a writing to change the legal rights of another.
Margaret is accused of public intoxication. If convicted, she will be guilty of a
misdemeanor.
Every year, _________ people are arrested on criminal charges.
more than 10 million
Every person has the right to use reasonable force in
self-defense, defense of property, and defense of others.
In the Model Penal Code, a crime for which the maximum penalty is FIVE years' imprisonment is called a
third-degree felony.
Per se means which of the following?
"In or of itself"
Negligence is which of the following?
A failure to exercise reasonable care
Sarah yells, "I'm going to punch you!" at Laura and then punches Laura. Sarah is guilty of which of the following?
Assault and battery
Which of the following is an administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal?
Cease-and-desist order
If Prince Charming kisses Sleeping Beauty while she sleeps, knowing that she is repulsed by and does not want to be kissed by him, Prince Charming has committed which of the following?
Civil battery
A jury returns the following verdict: The plaintiff receives $100,000 in damages reduced to $80,000 due to the plaintiff's conduct. The reduction in the jury's verdict is due to which of the following?
Comparative negligence
____ liability is liability regardless of fault. It may be imposed on a merchant who introduces into commerce a good that is so defective as to be unreasonably dangerous.
Defense of property
Elements of false imprisonment do not include which of the following?
Harmful or offensive physical contact intentionally performed
The Egg-Centric Newspaper publishes an article about Professor F.S.T. Amendment, a distinguished constitutional law professor at a local university. The article indicate show renowned he is in his field and discusses his consulting business with the local newspapers. In passing, it truthfully mentions that he worked his way through law school at a local strip-joint. The professor could sue for which tort?
Invasion of privacy
Jesse has been embezzling funds for years. Jane finds out and publishes a story about it in the paper. Jane is guilty of which of the following?
None of these choices is correct.
Which of the following is an element of intentional infliction of emotional distress?
Outrageous conduct by the defendant, Severe emotional distress by the plaintiff, and Intent
Mary is caught shoplifting in John's Flower Shop. John detains Mary against her will for questioning, and Mary subsequently sues him for false imprisonment. John can use which of the following defenses?
Probable cause
____ is the legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods.
Product liability
Which of the following is a defense to assault and battery charges?
Self-defense, Defense of others, and Consent
Which of the following is not an element of wrongful interference with a contractual relationship?
The interference was justified as good faith competitive behavior.
Which of the following qualifies as an invasion of privacy?
The use of a person's name, picture, or other likeness for commercial purposes without permission, and publication of information that places a person in a false light
When analyzing a client's tort claim, which of the following is true?
There should be evidence to prove each element of the tort.
The level of intent required for is that the actor intended the consequences of the act or knew or should have known that certain consequences would result from the act.
an intentional tort
The intentional confinement or restraint of a person without justification is called
false imprisonment.
Tort suits involve ____wrongs.
private
Impossibility of performance may occur if
The subject matter of the contract is destroyed. Performance of the contract becomes illegal due to a change in the law. One of the parties dies prior to performance.
Which of the following is true of the presumption of innocence?
* The defendant does not have to prove that he or she did not commit the offenses. * The defendant is not required to present any evidence to counter the state's accusations. * In criminal trials, the defendant is innocent until proven guilty. * The prosecutor bears the burden of proving the defendant is guilty as charged.
____ is the purchase or sale of the stock of a publicly listed corporation based on information that is not available to the general public about the plans or financial status of the corporation.
Insider trading
Which of the following is true of consideration?
It distinguishes a contract from a gift.
One of the most potent weapons against white-collar criminals is the ____, which makes it a federal crime to use the mails to defraud the public.
Mail Fraud Act
The Fourth Amendment requires which of the following?
Probable cause for searches and seizures
A judge may sentence a person convicted of a crime to which of the following?
Probation, Fines or other financial penalties, and, Incarceration
An assurance that one will or will not do something in the future is a(n)
Promise
Criminal actions involve ____wrongs.
Public
Which of the following is an example of a misdemeanor?
Public intoxication
The ____ was originally passed to curb the entry of organized crime into the legitimate business world, but today is used more often to attack white-collar crime than organized crime.
Racketeer Influenced and Corrupt Organizations Act (RICO)
________ property is land and things permanently attached to the land.
Real
A jury trial in criminal cases is guaranteed by which constitutional amendment?
The Sixth Amendment
Contracts that cannot by their terms be performed within one year from the day after the date of formation are normally required to be in writing under which of the following?
The Statute of Frauds
A bilateral contract involves which of the following?
The exchange of a promise for a promise
If Sarah enters into a contract because Jane blackmails her, the contract is
Voivdable
Which of the following is true regarding the UCC and the common law of contracts?
When the UCC addresses a particular matter, the UCC governs; when the UCC is silent, the common law of contracts applies.
Which of the following may, under certain circumstances, be grounds for termination of a party's duties under a contract?
a. Commercial impracticability of performance b. Substantial performance c. All of these choices are correct. d. Impossibility of performance
Once an offer has been communicated, which of the following is a step that the offeree can take?
a. Reject the offer b. All of these choices are correct c. Make a counteroffer d. Accept the offer
Which of the following statements is true of liquidated damages?
a.They may not be designed to serve as a penalty to deter a party from breaching a contract. b. All of these choices are correct. c.They must be reasonably related to the damages that may be suffered if the contract is not fulfilled. d. They are a form of compensatory damages.
Deceptive advertising may arise from which of the following?
a.Half-truths, meaning that the information presented is true but incomplete, leading consumers to a false conclusion b. A false statement or claim about a competitor's products c. All of these choices are correct. d. A false statement or claim about a company's own products
Failure of a party to a contract to perform the obligations assumed in the contract is called
breach of contract.
The torts of wrongful interference with a contractual relationship and wrongful interference with a business relationship are called torts.
business
Damages awarded to make the plaintiff "whole" are called _____ damages.
compensatory
Lauren commits an act that is considered a public wrong. A ____ suit will be brought against her.
criminal
Torts committed in cyberspace are called ____ torts.
cyber
In most cases, a minor who enters into a contract has the option of ________ the contract.
disaffirming
To be guilty of cyberstalking, a person would have to
harass another person using the Internet, e-mail, Facebook, or Twitter.
A public prosecutor is a(n)
individual acting as a trial lawyer who is employed by the government
A legally sufficient consideration for a promise must be
legally detrimental to the promisee or legally beneficial to the promisor.
