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________ was originally enacted to combat organized crime.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