BLAW EXAM 2 from connect

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.

The purpose of ______ law is to punish an offender for causing harm to public health, safety, or morals.

criminal

Which constitutional clause combats discrimination because it applies whenever government treats individuals differently than other similarly situated individuals, usually through a classification scheme?

the equal protection clause

The Racketeer Influenced and Corrupt Organizations Act prohibits persons employed by or associated with an enterprise from engaging in a pattern of ______ activity.

racketeering

To determine whether a classification violates the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, the lowest standard of review is known as the ______ test.

rational-basis

Trespass to realty is also called trespass to ______.

real property

Which of the following does not constitute bribery?

rejecting a bribe

A(n) ______ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.

search warrant

Which of the following is the most common defense to battery?

self-defense

Which constitutional amendment guarantees citizens the right to be "secure in their persons, their homes, and their personal property"?

the Fourth Amendment

Negligence is behavior that creates a(n) ______ risk of harm to others.

unreasonable

Once a plaintiff has established that the defendant owes her a duty of care, she must prove that the defendant's conduct ______ that duty. This violation is called a breach of duty.

violated

The Sarbanes-Oxley Act of 2002 intends to limit ______.

white-collar crime

Suppose that a negligence case is tried in a pure comparative negligence jurisdiction and the jury determines that the defendant was 30 percent responsible for the plaintiff's harm and that the plaintiff was 70 percent responsible for her own harm. The plaintiff's damages are $100,000. How much money, if any, will the plaintiff recover from the defendant?

$30,000

Identify the torts that are collectively called invasion of privacy torts.

- Intrusion on an individual's affairs or seclusion - False light - Appropriation for commercial gain - Public disclosure of private facts

Since ______, private citizens have been using the False Claims Act to sue employers on behalf of the government for fraud against the government.

1986

During which decade was the Sarbanes-Oxley Act passed?

2000s

Which of the following need not be demonstrated to establish that a fraudulent misrepresentation exists?

A party who made a misrepresentation was a merchant typically involved in buying and selling the types of goods involved in the subject transaction.

______ cause is the determination that a defendant's breach of duty resulted directly in the plaintiff's injury.

Actual

______ of the U.S. Constitution states that government may not pass any "Law impairing the Obligation of Contracts."

Article I, Section 10,

______ of the U.S. Constitution contains the full faith and credit clause.

Article IV, Section 1

Which of the following is a true statement regarding assault?

Assault does not require actual bodily contact.

______ is a defense available to defendants where a defendant must prove the plaintiff voluntarily undertook the risk the defendant caused.

Assumption of the risk

Which of the following is a true statement regarding the use of assumption of the risk as a defense available to defendants?

Assumption of the risk is a defense to a negligence claim.

______ is the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust.

Bribery

______ speech conveys information related to the sale of goods and services.

Commercial

According to the Bill of Rights, which of the following is a true statement regarding commercial speech?

Commercial speech is broader than just advertisements.

______ damages are based on damage or harm to property, lost wages or profits, pain and suffering, medical expenses, and other actual damages.

Compensatory

______ damages are designed to reimburse a plaintiff for his or her losses.

Compensatory

______ occurs when a person permanently removes personal property from the owner's possession and control.

Conversion

______ is the intentional publication of a false statement harmful to an individual's reputation.

Defamation

______ is a business tort that occurs when a statement is intentionally used to defame a business product or service.

Disparagement

Which of the following is not a pertinent question to ask when determining whether a speech is obscene according to the U.S. Supreme Court standard for obscenity established in Miller v. California?

Does the speech substantially interfere with the commercial interests of the plaintiff(s)?

Pursuant to the __________ Act, an employee who reports an employer for fraud against the government retains a share of the recovery as a reward for his or her efforts.

False Claims

The establishment clause is present in the ______ Amendment to the U.S. Constitution.

First

Which of the following is a true statement regarding the Fifth Amendment's due process clause?

For businesspeople and corporations, the Fifth Amendment's due process clause provides extensive protection.

______ occurs when one uses intentional deceit to facilitate personal gain.

Fraudulent misrepresentation

Which of the following need not be proved by a plaintiff to bring a successful claim of intentional interference with contract?

The defendant was a third-party beneficiary of the contract between two parties.

______ torts occur when a defendant takes an action intending that certain consequences will result or knowing certain consequences are likely to result.

Intentional

______ 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

______ torts occur when a defendant acts in a way that subjects other people to an unreasonable risk of harm.

Negligent

Which of the following is an accurate statement regarding nominal damages in tort cases?

Nominal damages signify that a plaintiff has been wronged by a defendant even though the plaintiff suffered no compensable harm.

______ power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry.

Police

A(n) ______ is a fraudulent operation in which the operator, an individual or organization, pays returns to its investors from new capital paid to the operators by new investors rather than from profit earned by the operator.

Ponzi scheme

______-liability torts occur when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.

Strict

______ due process refers to the basic fairness of laws that may deprive an individual of life, liberty, or property.

Substantive

______ was originally enacted to combat organized crime.

The Racketeer Influenced and Corrupt Organizations Act

Which of the following is not one of the essential elements required for criminal fraud liability?

The defendant fails to do what a reasonable person would have done under the same or similar circumstances.

Which of the following is a true statement regarding the Bill of Rights?

The federal and state governments cannot deprive individuals of the freedoms protected by the Bill of Rights.

In asserting the contributory negligence defense, the defendant must prove which of the following?

The plaintiff's conduct fell below a reasonable standard of care and contributed to his or her injury.

True or false: Strict-liability offenses are offenses that do not require state of mind.

True

The supremacy clause is located in Article VI of the _____.

U.S. Constitution

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.

Which of the following is not a requirement for proving a strict liability case?

a negligent or intent-based act on the part of a defendant

Which of the following is not an affirmative defense to crime?

advanced age and ignorance of the law

Which of the following is not a defense in an action for battery?

assault

Which of the following is not a defense that relieves the defendant from liability even when the plaintiff has proved all four elements of negligence in a negligence case?

consumption of the harm

Extortion is also known as ______.

blackmail

White-collar crimes occur most frequently in the ______ context.

business

Suppose the U.S. Congress enacts a legislation, the president vetoes the law, and then Congress overturns the presidential veto with a two-thirds vote of the members of Congress. This is an example of the ______ system established by the U.S. Constitution.

checks and balances

In the context of defamation, what does "intentional publication" mean?

communicating a false statement about someone to a third party

Today, most federal regulations are exercises of ______ authority according to the commerce clause of the U.S. Constitution.

congressional

The restriction on states' authority to pass laws that substantially affect interstate commerce is called the ______ commerce clause.

dormant

Identify the elements that a plaintiff must prove to win a negligence case.

duty, breach of duty, causation, and damages

Actual cause is also known as cause in ______.

fact

Suppose Jim goes door-to-door selling vacuum cleaners at an amazing discount. To obtain the discount, customers must pay immediately, and the vacuum cleaner will be delivered to them in three to five business days. However, Jim possesses no vacuum cleaners and does not plan to deliver any. Jim has committed the crime of ______.

false pretense

Strict liability is liability without ______.

fault

The U.S. Constitution establishes a system of government based on the principle of ______.

federalism

Which of the following is not a tort classification?

felony

In most states, proximate cause is determined by ______.

foreseeability

Which of the following rights is protected by the First Amendment to the U.S. Constitution?

freedom of the press

actus reus means

guilty act

A computer crime can be committed by a corporate insider, such as an employee, or by an outsider, such as a(n) ______.

hacker

A(n) ______ is a person who illegally accesses or enters another person's or a company's computer system to obtain information or steal money.

hacker

Libel can occur ______.

in a magazine or a newspaper

Torts against persons are ______ acts that harm an individual's physical or mental integrity.

intentional

Torts are most commonly classified as ______ torts.

intentional, negligent, or strict-liability

Although the U.S. Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, early common law established this process, known as ______.

judicial review

Four distinct torts, collectively called invasion of privacy torts, protect an individual's right to _____.

keep certain things out of public view even if they are true

If defamation is published in a permanent form, it is known as ______.

libel

Which of the following is not an example of a fraudulent crime?

negligence

A(n) ______ tort occurs when a defendant is careless to someone else's detriment.

negligent

Which of the following is not a required element of battery?

negligent (by the defendant)

Suppose a negligence case is tried in a modified negligence jurisdiction and the jury determines that the defendant was 40 percent responsible for the plaintiff's harm and that the plaintiff was 60 percent responsible for her own harm. The plaintiff's damages are $100,000. What amount of money, if any, will the plaintiff recover from the defendant?

nothing

Strict-liability offenses are _____.

offenses for which no mens rea is required

Trespass to personal property is also called trespass to ______.

personalty

The ________ has the burden to prove all four elements of a negligence case.

plaintiff

Corporations engage in ______ speech when they support a particular candidate or referenda.

political

A _____ nuisance occurs when a person uses his or her property in an unreasonable manner that harms a neighbor's use or enjoyment of his or her property.

private

The ______ of the U.S. Constitution prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities.

privileges and immunities clause

Government officials can obtain search warrants only if they can show ______ to believe that the search will uncover specific evidence of criminal activity.

probable cause

One of the types of due process guaranteed by the due process clause is the __________ which requires the government to use fair procedures before depriving a person of his or her life, liberty, or property.

procedural due process

Which of the following requires the government to use fair procedures when taking the life, liberty, or property of an individual or corporation?

procedural due process

Unlike in a civil procedure, the ______ always brings the criminal case in a criminal procedure.

prosecutor

According to the ______ defense, the court determines the percentage of fault of a defendant, and the defendant is then liable for that percentage of the plaintiff's damages.

pure comparative negligence

A defendant who is facing a punishment of _______ or more has a constitutional right to a jury trial.

six months

Defamation that is made orally is called ___________.

slander

Pursuant to the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, if a law prevents individuals from exercising a fundamental right, the action will be subject to ______.

strict scrutiny

According to the intermediate scrutiny standard, a law is constitutional only if it is ______ related to an important government objective.

substantially

To satisfy the ______ due process requirement, the government must have a proper purpose for enacting laws that restrict individuals' liberty or the use of their property.

substantive satsify

According to the ______ of the Fifth Amendment to the U.S. Constitution, when government takes private property for public use, it must pay the owner just compensation for the property.

takings clause

A cyber ______ is a hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network or the sabotage of a business or organization.

terrorist

Which of the following is not one of the three federal laws that have aided in the fight against business-related crimes?

the Bush-Cheney Doctrine

Which of the following is not prohibited by the establishment clause of the First Amendment to the U.S. Constitution?

the freedom to practice religion as an individual sees fit

Which of the following rights is not protected by the First Amendment to the U.S. Constitution?

the privilege against self-incrimination

There are ______ types of damages in tort cases.

three

Which of the following is a primary objective of tort law?

to provide compensation for injured parties

Which of the following is a purpose of awarding punitive damages in a case?

to punish the defendant

Which of the following is not a primary objective of tort law?

to punish wrongdoers

A ______ is commonly defined as a wrong or injury to another, other than breach of contract.

tort

Which of the following is a recognized category of intentional torts?

torts against economic interests

Categories of intentional torts include all but which of the following?

torts against social responsibility