BLAW Quiz 3..

The * Amendment reads in part that no person "shall be compelled in any criminal case to be a witness against himself."

Fifth

Desi reaches into Edna's pocket and takes her money, without her consent and without her immediate awareness. Unlike robbery, picking pockets does not involve A.breaking and entering. B.force or fear. C.large amounts of money. D.weapons.

Force or Fear

Farm Equipment, Inc., makes farming machinery. Gail discovers that her Farm Equipment tractor is defective and sues the maker for product liability based on negligence. To win, Gail must show that:

Gail suffered an injury caused by the defect.

Which of the following DOES NOT describe a felony? A. If found guilty, you may face the death penalty. B.If found guilty, you go to federal or state penitentiary. C. If found guilty, you may face life imprisonment. D. If found guilty, you are sentenced to prison for up to six months.

If found guilty, you are sentenced to prison for up to six months.

Sarah purchased a leather chair at a great price, but the catch was that she had to put it together. The instructions that came with the chair were written in the Korean language, but there were some diagrams. Sarah put the chair together following what she could make out of the instructions, but it collapsed when her boyfriend sat on it, and he was injured. If Sarah's boyfriend sues for his injury, what will be the basis of his cause of action?

Inadequate instructions or warnings

In-House Products Company makes convection ovens. Joy discovers that her In-House oven is defective and sues the maker for product liability based on strict liability. To win, Joy must show that:

Joy suffered an injury caused by the defect.

Defenses to Criminal Liability

Justifiable use of force (self defense) Insanity Duress Statute of limitations

Which of the following is not a defense available to a person who is sued for assault and battery?

Lack of consent

If James takes Ellen's diamond-studded watch from her desk at work while Ellen is at lunch and does not return it, he may be guilty of the crime of: A.arson. B.larceny. C.forgery. D.battery.

Larceny

Product liability based on Negligence

Manufacturer's failure to exercise reasonable standard of care. in the design, materials, production process, assembling and testing adequate warnings and inspection

Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for A. any period of time. B. more than one year. C. more than six months. D. more than ten days.

More than one year

Statute of Limitations

Most criminal prosecutions must be brought within a specified period of years after the crime - there is no statute of limitations for murder

Defenses to Trespass to Land

Necessity - rescue another or save property Licensee - invited or allowed to enter

Val, the owner of a bicycle store, pays himself a salary out of the proceeds of sales from the business. This is most likely A. embezzlement. B.larceny. C. robbery. D. no crime.

No Crime

Paige points a knife at Ray's daughter, threatening to hold her hostage and "cut" her unless Ray kills Paige's former lover. Charged with murder, Ray can successfully claim as a defense A.insanity. B.duress. C.self-defense. D.none of the above.

None of the Above

manufacturing defect

Occurs when a product "departs from its intended design even though all possible care was exercised in the preparation and marketing of the product." impacts only a specific quantity of the products

Which of the following elements is NOT required in order to prove the intentional tort of interference with a contractual relationship?

One of the two parties that made the contract must induce the other party to breach the contract.

Phishing

Online fraud in which criminals pretend to be legitimate companies by using e-mails or malicious Web sites that trick individuals and companies into providing useful information, such as bank account numbers, Social Security numbers, and credit-card numbers.

Inadequate Warnings

Product is defective based on inadequate end-user warnings or instructions - foreseeable misuses: warnings are required if the misuse is foreseeable - obvious risks: no duty to warn about obvious or commonly known risks

design defects

Product is unreasonably dangerous as designed even if it is manufactured correctly. impacts all products

justifiable use of force

Self-defense is the legally recognized privilege to protect one's self or property against injury by another - this privilege only protect acts that are reasonably necessary - deadly force cannot be used to protect property

Vishing

Similar to phishing except that the victims receive a voice mail message telling them to call a phone number or access a Web site. email turns to phone, v ish for voice

embezzlement

The fraudulent appropriation of funds or other property by a person who was entrusted with the funds or property.

forgery

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

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

The goods must have been substantially changed from the time the product was sold to the time the injury occurred.

racketeering

To curb organized crime's entry into the legitimate business world, Congress enacted the Racketeer Influenced and Corrupt Organizations Act (RICO). - can apply in cases that have little or nothing to do with organized crime - incoprorates 26 federal crimes and 9 states felonies. If a person commits two or more RICO offenses that person is guilty

Defenses to Defamation

Truth is generally an absolute defense for defamation absence of malice: defamatory statements made about public figures are privileged unless they are made with actual malice (knowledge of falsify or reckless disregard of the truth

One week after biting his friend Linus, Charlie's dog, Spot, bites Charlie's friend, Sam, in the leg. Which of the following is correct?

Unless a defense applies, Charlie is strictly liable for Sam's dog bite injury.

Statutes of Limitations

Vary by state law but are typically two to four years. starts to run when the party suffering the injury has discovered or should have discovered the injury

Which of the following would not constitute trespass to land?

With permission, you walk across your neighbor's land.

Susan's pet tiger bites Jason's arm. Is Susan liable for Jason's injuries?

Yes, Susan is strictly liable for Jason's injuries.

Digital Systems, Inc. (DSI), makes storage media and other peripheral computer products. A DSI product may be unreasonably dangerous due to:

a defect in its design or an inadequate warning.

A court might consider a product to be unreasonably dangerous if:

a less dangerous alternative was commercially feasible but was not produced.

A glass bottle is made thinner than its design specifications required. The bottle explodes in a consumer's face. This is an example of:

a manufacturing defect.

Becky is thirteen years old and is charged with a misdemeanor. In most states, Becky will be treated as A. a minor and tried in a juvenile court. B. an adult and tried in a regular court. C. an infant and punished without a trial. D. incapable of criminal conduct and tried after she turns eighteen.

a minor and tried in a juvenile court.

If you are convicted of disorderly conduct and are sentenced to pay a fine and nothing more, you have committed: A.a third degree felony. B.a misdemeanor. C.only a tort. D. a fifth degree felony.

a misdemeanor.

assumption of risk

a plaintiff that knows the risk and voluntarily engages in the act anyway may not recover from the alleged tortfeasor. risk may be assumed by express agreement or be implied by the plaintiffs knowledge and conduct

Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is:

a public figure.

Which of the following are possible cyber crimes? Choose four. a. Phishing b. Lying c. Identity theft d. Arson e. Speeding f. Cyberterrorism g. Incompetence h. Employment fraud i. Hacking

a. Phishing/c. Identity theft/f. Cyberterrorism /i. Hacking

A mistake of fact, as opposed to a mistake of law, can often excuse criminal liability if the mistake negates the mental state necessary to commit the crime. a. True b. False

a. True

A physical attack can be a tort or a crime or both. a. True b. False

a. True

Corporations are normally liable for the crimes committed by their agents and employees within the course and scope of their employment. a. True b. False

a. True

Criminals often resort to money laundering because they wish to conceal the identity, source, and destination of illegally gained funds. a. True b. False

a. True

Generally, for a criminal act to have occurred, a person must have committed the guilty act and had a wrongful mental state. a. True b. False

a. True

Generally, you can use the amount of non-deadly force necessary to protect yourself, your dwelling, or other property and avoid criminal liability. a. True b. False

a. True

Many of the more than 4,000 federal criminal offenses do not require a specifically wrongful mental state. a. True b. False

a. True

Many states have enacted laws that punish behavior as criminal without the need to show criminal intent. a. True b. False

a. True

The broad language of the Racketeer Influenced and Corrupt Organizations Act (RICO) has allowed it to be applied to cases that have little or nothing to do with organized crime. a. True b. False

a. True

The Miranda v. Arizona case requires that anyone arrested on suspicion of criminal activity must: a. be informed of certain constitutional rights before he or she can be interrogated. b. spend a night in jail. c. come before a judge within forty-eight hours of the arrest. d. be reimbursed for any financial loss caused by the arrest.

a. be informed of certain constitutional rights before he or she can be interrogated.

Joseph, a sixteen-year-old honor student, calls 911 from a pay phone to report a possible bomb in the town square. He has no evidence of any bomb, does not have a bomb or any materials to make a bomb, and has no intention of placing one in the town square. He is arrested for making a terrorist threat and claims that he has not committed a criminal offense. A court will likely: a. find Joseph guilty of making a terrorist threat based on criminal recklessness. b. find Joseph guilty of a lesser crime instead of making a terrorist threat based on his age. c. dismiss the charges because he is a juvenile. d. dismiss the charges because he lacked the intent to commit a crime.

a. find Joseph guilty of making a terrorist threat based on criminal recklessness

A person can be found to be criminally reckless if: a. he or she consciously disregards a substantial and unjustifiable risk. b. he or she acts in an unconsciously risky manner. c. he or she is not aware of the circumstances.

a. he or she consciously disregards a substantial and unjustifiable risk.

Gage and his brother Richard have robbed several stores. When they attempt to rob Al's Deli, Al shoots Richard in the foot. Richard is caught and arrested. Gage continues committing crimes, and Richard is offered immunity in return for testifying against his brother. If Richard accepts, a. his testimony will not be used against him. b. he is immune from prosecution for a period of five years. c. he must assert his Fifth Amendment right against self-incrimination. d. he can assert his Fifth Amendment right against self-incrimination.

a. his testimony will not be used against him

Henry is distressed after losing his job, so he visits a local tavern and has seven drinks. While driving home at a high rate of speed, Henry collides with Irene's car, killing her. Henry has likely committed: a. involuntary manslaughter. b. mayhem. c. murder. d. trespass to land.

a. involuntary manslaughter

April owns a diamond ring that she often takes off and places on her desk while she works. She is usually careful to put it back on whenever she leaves her desk. One day, she went to lunch and forgot to take the ring. Olivia picked up the ring and did not return it to April. Olivia has probably committed the crime of: a. larceny. b. forgery. c. battery. d. arson.

a. larceny.

Gavin runs an illegal gambling operation out of the back of a store that he owns. The store shows increasing profits because Gavin reports the profits of his gambling operation as legitimate store income on his tax returns. Gavin is engaged in: a. money laundering. b. burglary. c. insider trading. d. economic espionage.

a. money laundering.

Gunther posted an expensive item on an online auction site. Dominic offers the highest bid and sends payment to Gunther. Gunther then refuses to send the product to Dominic. Gunther has committed: a. online auction fraud. b. online retail fraud. c. online network fraud. d. phishing.

a. online auction fraud.

Justin is the accountant for a trucking company. A driver, Andrew, holds a gun to Justin's head and forces him to steal from the company. Justin falsifies records, obtains cash, and gives it to Andrew. If criminal charges are brought against Justin, he can assert the defense of: a. mistake of law. b. duress. c. entrapment. d. justifiable use of force.

b. duress.

Check My Work Bull is arrested at a warehouse in Corporate Park and charged with the crime of theft. Bull will be prosecuted by a. ​a public official. b. ​the owner of the warehouse. c. ​the owner of the property that Bull is charged with stealing. d. ​any third party unrelated to Bull, the property, or the crime.

a. ​a public official.

Quiana, an employee of Reservations-for-Less, Inc., pays Sven, an employee of Reservations-for-Less' competitor Travel Cheap, Inc., for a secret company pricing schedule. This may be a. ​commercial bribery.​ b. ​an effective marketing strategy. c. ​money laundering. d. ​creative legal bookkeeping.

a. ​commercial bribery.​

Gilda is accused of conspiracy to defraud. She is given an opportunity to object to the charge before a judge. She is also given the opportunity to confront and cross-examine witnesses and to present her own witnesses. These procedures represent a. ​due process of law. b. ​a reasonable expectation of privacy. c. ​the prohibition against double jeopardy. d. ​the privilege against self-incrimination.

a. ​due process of law.

Laird is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely a. ​forgery. b. ​larceny. c. ​robbery. d. ​obtaining goods by false pretenses

a. ​forgery.

Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and can a. ​not refuse to testify. b. ​not be prosecuted for any crime. c. ​refuse to testify. d. ​be prosecuted only for a crime about which she agreed to testify.

a. ​not refuse to testify.

Edwin is charged with a crime. Almost all federal courts and some state courts would not hold him liable if, at the time of the offense, as a result of a mental disease or defect, he lacked substantial capacity to obey the law and to appreciate a. ​the wrongfulness of his conduct. b. ​the fruits of his crime. c. ​the power of the police. d. ​the authority of the court.

a. ​the wrongfulness of his conduct.

Determining who commits cyber crimes is a major challenge to legal authorities worldwide. a. True b. False

a.true

If an individual is a victim of computer theft under the Computer Fraud and Abuse Act, the individual may be able to bring a civil suit against the violator to obtain damages, an injunction, and other relief. a. True b. False

a.true

superseding cause

an unforeseeable, intervening act that breaks the casual link between defendants act and plaintiffs injury, relieving defendant of liability

Negligence is classified as:

an unintentional tort.

Assault

any intentional and unexcused threat of immediate harmful or offensive contact- words or acts that create a reasonably believable threat no physical contact is necessary defense: self defense

In cases of injuries proximately caused by a defective product, the manufacturer who failed to exercise due care is liable to:

any person who sustained injury.

white collar crimes

are those that occur in the business context and use non-violent means to obtain personal or business advantage embezzlement bribery

Pick the correct ordering of the typical major procedural steps in a criminal case.

arrest/booking/initial appearance/prelimiary hearing(or grand jury)/indictment or information

Defenses to Negligence

assumption of risk, superseding intervening cause, contributory or comparative negligence

A cyber crime can best be defined as a new type of crime. a. True b. False

b. False

An individual who has been the victim of a crime can prosecute the alleged criminal. a. True b. False

b. False

Because a corporation is a legal entity and not a human being, there can never be corporate criminal liability. a. True b. False

b. False

If a person in custody on suspicion of criminal activity says out loud, "Maybe I should talk to my lawyer," the police will stop questioning or violate the Sixth Amendment right to counsel. a. True b. False

b. False

Tracking vehicle movements with a GPS does not require public authorities to obtain a search warrant. a. True b. False

b. False

The Department of Justice wants access to the telephone records of a major newspaper. The requirement for a search warrant, an order from a judge authorizing the search of the records, would be required under the: a. First Amendment. b. Fourth Amendment. c. Sixth Amendment. d. Fifth Amendment.

b. Fourth Amendment.

Mia offers Nevin, a building inspector, money to overlook the violations in her new warehouse. Nevin accepts the money and overlooks the violations. Mia is charged with the crime of bribery. The crime occurred when a. ​Nevin overlooked the violations. b. Mia offered the bribe.​ c. ​Nevin accepted the bribe. d. ​Mia decided to offer the bribe.

b. Mia offered the bribe.​

Which one of the following crimes enjoys no statute of limitations? a. Fraud b. Murder c. Larceny d. Traffic violation e. Insider trading

b. Murder

Undercover agents of the Greenville Police invite Mack to purchase a stolen truck. Mack refuses initially, but the agents repeatedly visit Mack's home and businesses over a period of weeks, and eventually Mack agrees. In addition, they send someone to damage Mack's current vehicle so his need for the truck is greatly increased. If criminal charges are brought against Mack, he can assert the defense of: a. duress. b. entrapment. c. immunity. d. mistake of law.

b. entrapment.

product misuse

(1) Plaintiff was misusing the product, and (2) plaintiff's misuse was not reasonably foreseeable to the defendant

assumption of risk

(1) The plaintiff knew and appreciated the risk created by the alleged product defect, and (2) the plaintiff voluntarily assumed the risk, even though it was unreasonable to do so.

The purpose of tort law, generally, is to provide remedies for the invasion of various protected interests, such as:

-physical security and freedom of movement. -destruction of property. -damage to property. **all of these choices.

To establish defamation

1. the defendant made a false statement of fact 2. the statement was understood as being about the plaintiff and tended to harm the plaintiff's reputation 3. the statement was published to at least one person other than the plaintiff 4. if the plaintiff is a public figure, she or he must prove actual malice

Knowledgeable User

A danger so commonly known by particular users of the product that the defendant had no duty to warn plaintiff

Commonly Known Dangers

A danger so commonly known that the defendant had no duty to warn plaintiff.

Which of the following would constitute real property?

A house and a stone wall

Which of the following is not an element of the tort of fraudulent misrepresentation?

A lack of intent to cause reliance on the misrepresentation

product liability

A manufacturer's, seller's, or lessor's liability to consumers, users, and bystanders for physical harm or property damage that is caused by the goods.

Insanity

A person with a mental illness may be incapable of the state of mind required to commit a crime. Courts use tests to determine the defendant's state of mind.

Comparative Negligence

A plaintiff's own negligence or wrongful acts contributed to her injury (limits defendants liability)

Antonio is injured while mowing his lawn using a lawn mower he borrowed from his neighbor Carl. If Antonio sues the manufacturer of the lawn mower for product liability based on negligence

Antonio does not have to prove that he was the purchaser of the lawn mower, but does have to prove that the manufacturer breached its duty of care.

Defenses to Product Liability

Assumption of risk Product misuse Comparative negligence Commonly known dangers knowledgeable user statutes of limitation

The key difference between larceny and robbery is that: a. robbery involves breaking into a dwelling; larceny does not. b. robbery involves force or fear of force; larceny does not. c. larceny involves arson; robbery does not.

b. robbery involves force or fear of force; larceny does not.

A police officer believes that evidence of a crime exists in a house and asks a judge to issue a general warrant that allows a search of the house for any evidence that might be found. The judge likely: a. will grant the warrant because police officers must be given deference for their suspicions. b. will not grant the warrant because it is too general. c. not grant the warrant because police officers do not require warrants.

b. will not grant the warrant because it is too general.

Suzu, an employee of Ridgeline Credit Union, deposits into her personal account checks entrusted to Ridgeline through its ATM system by customers to deposit into their accounts. This is a. ​larceny. b. ​embezzlement. c. ​burglary. d. ​mail and wire fraud

b. ​embezzlement.

Chad signs Dolly's name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is​ a. ​larceny. b. ​forgery. c. ​embezzlement. d. ​robbery.

b. ​forgery.

Erica, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bernie to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without a. ​double jeopardy. b. ​probable cause. c. ​reasonable doubt. d. ​immunity.

b. ​probable cause.

Carmen loans a DVD to Tanya for the weekend. Tanya sells the DVD to Vishnu. Who is liable for conversion?

Both Tanya and Vishnu are liable for conversion.

Dale hears Ed falsely accuse Flo of stealing from Great Warehouse, Inc., their employer. Ed is liable for defamation:

because Dale heard the statement

Jerry says something that surprises Elaine. She pushes him shouting, "Come on!" He falls backward against a piece of furniture and breaks an arm. A tortious act has:

been committed.

The standard of proof in a criminal law case is: A.beyond a reasonable doubt. B. the 50 percent rule. C.by clear and convincing evidence. D.by a preponderance of the evidence.

beyond a reasonable doubt.

General Construction Company engages in blasting in its operations. This is subject to strict liability because:

blasting is an abnormally dangerous activity.

The tort of strict liability can apply to injuries caused:

by any of these situations.

Punitive damages to plaintiffs in tort actions are limited:

by due process mandated in the Constitution.

Ilise, an employee of Pyro Displays, Inc., pays Gavin, an employee of Pyro's competitor Fire Worx Company, for a secret Fire Worx pricing schedule. This may be A.an effective marketing strategy. B.commercial bribery. C.creative legal bookkeeping. D.money laundering.

Commercial Bribery

Perhaps the most significant federal statute specifically addressing cyber crime is the: A. Counterfeit Access Device and Computer Fraud and Abuse Act. B. Anticybersquatting Espionage Act. C. Berne Convention. D. Uniform Trade Secrets Act.

Counterfeit Access Device and Computer Fraud and Abuse Act.

money laundering

Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds and run them through a legitimate business enterprise

Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon. Drake is liable for any injuries to:

Evon, Flip, and Gina.

What happens when evidence obtained in violation of the rights spelled out in the Fourth, Fifth, and Sixth Amendments is presented at trial? a. The jury is told to consider the evidence as fifty percent accurate. b. The jury is told that the evidence is valid nonetheless. c. Such evidence must be excluded from the trial proceedings.

c. Such evidence must be excluded from the trial proceedings.

Which of the following is not a common public order crime in today's society? a. Public drunkenness b. Prostitution c. Theft d. Illegal drug use e. Illegal gambling

c. Theft

Starla was killed when her car struck a horse that was roaming on the highway with several other horses. The Sea Horse Ranch owned the horses, which were property of the corporation that owned the ranch. The horses frequently escaped through poorly maintained fences surrounding the ranch. Shipley, the ranch's owner and president of the corporation, had been cited by the police and the humane society for allowing his horses to run free on the highway. The state sought to prosecute both the Sea Horse Ranch and Shipley for involuntary manslaughter. Can the Sea Horse Ranch corporation be held liable for the crime? a. Yes, because a horse is a dangerous animal. b. No, because a corporation cannot be held liable for involuntary manslaughter. c. Yes, because a corporation can be held liable for the criminal actions of its officers. d. No, because a corporation cannot be held liable for the wrongful actions of its officers.

c. Yes, because a corporation can be held liable for the criminal actions of its officers.

Arthur is arrested for the crime of murder. Arthur denies that he committed the crime and is planning a vigorous defense. The state will be required to show evidence to prove its case: a. with clear and convincing evidence. b. by preponderance of the evidence. c. beyond a reasonable doubt. d. by completely rebutting all evidence raised by the defendant.

c. beyond a reasonable doubt.

Morris owns a bicycle store. He often leaves Daniel in charge of the store. One Saturday evening, after Daniel leaves the store, Morris discovers that he is missing $900 from the register. If Daniel took the cash, he could be found guilty of the crime of: a. robbery. b. conversion. c. embezzlement. d. misappropriation

c. embezzlement.

If a salesperson advertises by radio or television a "magic" cream that cures baldness, even though that person knows that the cream is just hand lotion, that person may have committed: a. the crime of embezzlement. b. the tort of conversion. c. federal crime of wire fraud. d. no crime

c. federal crime of wire fraud.

Chloe advertises on the radio that she is selling a car guaranteed to get thirty-five miles per gallon. Chloe knows that the car will not do what she claims it will. Chloe may be successfully prosecuted: a. for the crime of embezzlement. b. under state law only. c. for the federal crime of wire fraud. d. under international law under the Convention on International Transmissions.

c. for the federal crime of wire fraud.

In Latin, a wrongful mental state is known as: a. actus reus. b. deus ex machina. c. mens rea

c. mens rea

A police officer notices the presence of a stolen car in Elena's driveway, seizes the car, and arrests her. Elena expected that her driveway was a private space. The Fourth Amendment's protection against searches and seizures would: a. apply because Elena actually expects privacy. b. apply because Elena has a reasonable expectation of privacy. c. not apply because Elena's expectation of privacy is not one that society would consider legitimate. d. not apply because the Fourth Amendment does not apply to private citizens.

c. not apply because Elena's expectation of privacy is not one that society would consider legitimate.

Jordan reaches into Ken's pocket and takes his wallet—without his consent and without his immediate awareness. Unlike robbery, picking pockets does not involve a. ​weapons.​ b. ​breaking and entering. c. ​force or fear. d. ​large amounts of cash.

c. ​force or fear.

Edith works for Fast Trades, Inc., a brokerage that facilitates frequent, quick securities transactions for investors. Edith steals her employer's computer program to start up her own competing business, Get Rich Quick, Inc. This is a. ​no crime. b. ​obtaining goods by false pretenses. c. ​larceny. d. ​robbery.

c. ​larceny.

Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed a. ​burglary. b. ​no crime. c. ​larceny. d. ​forgery.

c. ​larceny.

Reese, driving while intoxicated, causes a car accident that results in the death of Sanyo. Reese is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for a. ​any period of time. b. ​more than ten days. c. ​more than one year. d. ​more than six months.

c. ​more than one year.

Berto pushes Consuela to the ground, grabbing her smartphone as she falls. The use of force or fear is required for this act to constitute a. ​burglary. b. ​any crime. c. ​robbery. d. ​larceny.

c. ​robbery.

Edie uses TV ads to defraud millions of people. She can most likely be charged with a. ​no crime. b. ​robbery. c. ​wire fraud. d. ​larceny.

c. ​wire fraud.

Most states apply a legal standard that takes into account the degree of negligence on the part of both the defendant and the plaintiff. This standard is known as the:

comparative negligence standard.

Battery

completion of the assault it is unexcused and harmful or offensive physical contact intentionally performed the contact can be made by the defendant or by some force set in motion by the defendant (firing a gun) defense: is self defense

The *is perhaps the most significant federal law addressing cyber crime.

computer fraud and abuse act

Comparative Negligence

computes liability to plaintiff and defendant and apportions damages - pure: allows plaintiff to recover even if plaintiff liability is greater than that of defendant - 50 percent rule: plaintiff recovers only if liability is less than 50 percent

To protect its customers and other business invitees, Supreme Retail Corporation must warn them of:

concealed dangers

One of the public-policy assumptions underlying the imposition of strict product liability is that:

consumers should be protected from unsafe products.

Axel steals a business law textbook from Beth. Curt, who does not know that the book is stolen, buys it from Axel. Curt has committed:

conversion.

The "responsible corporate officer" doctrine means that: A.corporate officers are never responsible for profits. B.corporate officers are responsible only for profits. C.corporate officers may be held liable for statutory violations committed by employees under their supervision. D.corporate officers must be responsible for their own actions but not for statutory violations committed by employees under their supervision.

corporate officers may be held liable for statutory violations committed by employees under their supervision.

Special damages compensate the plaintiff for things such as:

costs of repairing damaged property.

Jonas is arrested for the criminal offense of attacking and injuring a neighbor in the neighbor's front yard. After the arrest, he is concerned about potential civil liability. Which of the following should he be concerned about in regards to both criminal and civil liability in this case? a. Conversion b. False imprisonment c. Trespass to chattel d. Assault and battery

d. Assault and battery

Which of the following is NOT a good example of a white-collar crime? a. Embezzlement b. Mail and wire fraud c. Bribery d. Larceny e. Bankruptcy fraud f. Insider trading

d. Larceny

Which one of the following is not part of the five broad categories of criminal acts? a. Violent crime b. Property crime c. Public order crime d. Petty crime e. White-collar crime f. Organized crime

d. Petty crime

Which of the following is usually NOT an acceptable defense to criminal liability? a. Necessity b. Justifiable use of force c. Insanity d. Strong desire e. Entrapment f. Duress

d. Strong desire

Glenn gives Senator Smith $100,000 so that Senator Smith will make sure the federal government buys all its paper clips from Glenn's company. Glenn has: a. engaged in money laundering. b. done nothing illegal; this is how interest groups operate to support elected officials. c. committed the crime of fraud. d. committed the crime of bribery

d. committed the crime of bribery

Vince relies on his computer skills to have enough money to attend college. He breaks into computer systems to transfer funds to his own accounts. He occasionally gets paid by other students for breaking into the university's computers to alter their grades. Vince is what is commonly referred to as a: a. tortfeasor. b. cybersquatter. c. cyberstalker. d. hacker.

d. hacker.

Officer Pinkerton has an intuition that Jason's car contains illegal narcotics. Based on that intuition, he stops Jason's car and searches it. The search will be considered: a. invalid because the search violates the Seventh Amendment of the U.S. Constitution. b. valid because Officer Pinkerton has probable cause to search the vehicle. c. valid because Officer Pinkerton has a reasonable suspicion to search the vehicle. d. invalid because Officer Pinkerton does not have probable cause to search the vehicle.

d. invalid because Officer Pinkerton does not have probable cause to search the vehicle.

Sandy, a businessperson, is convicted of RICO offenses. Sandy's penalties may include a. ​imprisonment for up to twenty years. b. ​divestiture or dissolution of Sandy's business. c. ​a fine of up to $25,000 per violation. d. ​all of the choices.

d. ​all of the choices

Bev wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in her car, and drives away. This is a. ​robbery. b. ​no crime. c. ​forgery. d. ​larceny.

d. ​larceny.

Ludwig receives from Milo a marimba stolen from Nadine. Which of the following, if Ludwig knew, would cause him to be criminally liable? a. ​Milo b. ​what a marimba is c. ​Nadine d. ​that the marimba is stolen and he intended to keep it

d. ​that the marimba is stolen and he intended to keep it

Roberto was seriously injured when his car was struck by Ivan, who had been drinking in the Bad Biker Bar, and was drunk. Roberto can sue Ivan for his injuries, but can also sue the owner of Bad Biker bar under the state:

dram shop act

To prove negligence

duty: defendant owed plaintiff a duty of care breach: defendant breached that duty causation: defendant's breach caused the injury Damages: plaintiff suffered legal injury

Bob often left his friend, Mark, in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of: A.misappropriation. B.embezzlement. C.conversion. D.robbery.

embezzlement

Omni Corporation provides cell phones, laptops, and tablets for its employees to use "in the ordinary course of its business." Omni intercepts the employees' business communications made on these devices. This is A. a violation of the rights of Omni's employees. B. a matter for which Omni must obtain its employees' consent. C. a subject for dispute resolution by the communications providers that Omni uses. D. excluded from the coverage of the Electronic Communications Privacy Act.

excluded from the coverage of the Electronic Communications Privacy Act.

Negligence

failure to live up to a required duty of care that a reasonable person would exercise in similar circumstances intent is not required

A defendant is strictly liable for the results of his or her acts only if he or she intended those results.

false

A manufacturer's duty of care does not extend to the inspection and testing of products bought to incorporate in the final product.

false

A public policy underlying the imposition of strict product liability is that a manufacturer who makes an unsafe product should be put out of business.

false

An assumption of risk defense does not require knowledge of the risk.

false

An unauthorized scan of a bank account cannot be an invasion of privacy.

false

Business owners have no duty to exercise reasonable care to protect invitees.

false

False imprisonment is a tort only if the confinement or restraint is justified.

false

For purposes of establishing negligence, causation in fact exists if an injury would have occurred even without the defendant's act.

false

One of the requirements for a suit based on strict liability is a failure to exercise due care.

false

Only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product.

false

Privity of contract between the plaintiff and the defendant is required to bring a product liability suit based on negligence.

false

Publishing false information about another's product is conversion.

false

Strict liability is an intentional tort.

false

The owner of a pet dog cannot be held strictly liable for an injury to another person caused by the dog.

false

There are no legally recognized defenses in a tort lawsuit.

false

To commit the tort of trespass to land, a person must harm the land.

false

Strict liability is liability without:

fault

Ann believes that Burt is about to hit her. To prevent harmful contact in this situation, Ann may use:

force that is reasonably necessary.

Universal Assembly Company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim. Universal is most likely liable for:

fraud

Lehigh Corp. was a real estate developer. The corporation brought prospective customers to its development, Lehigh Acres, and provided accommodations at its company-owned motel. Lehigh was very successful and entered into many contracts with buyers. Chris Azar, a real estate agent, pursued the purchasers as they entered Lehigh's motel. He then persuaded many of them to cancel their contracts with Lehigh and purchase less expensive property from him. Lehigh filed a lawsuit against Azar claiming that Azar was wrongfully interfering with its contractual relationships. Lehigh sought an injunction to prevent Azar from continuing this behavior. Azar contended that he was merely providing Lehigh's customers with an opportunity to obtain comparable property at lower prices. The court most likely:

granted the injunction, because Azar was wrongfully interfering with Lehigh's contracts with its customers.

If Carl holds a gun to your head and tells you to steal money from your employer on his behalf (because you're the accountant and can do it rather easily), you: A. have a defense of embezzlement. B. have a defense of mistake of law. C. have no defense. D. have a defense of duress.

have a defense of duress.

Product liability based on strict liability

hold manufacturers, sellers, and lessor liable for results of their acts, regardless of their intentions or recursive or reasonable care requirements - product must be in defective condition when sold - defendant is in the business of selling the product - product must be unreasonable dangerous - plaintiff must be physically harmed - defective condition must be proximate cause of injury - goods were not substantially charged from when purchased

Yvon is charged with the crime of theft for taking Zack's briefcase, which Yvon mistakenly thought was hers. A mistake of fact is a defense A.if the fact was not reasonably made known to the public. B.if the mistake negates the mental state necessary to commit a crime. C.if the perpetrator was intoxicated. D.under any circumstances.

if the mistake negates the mental state necessary to commit a crime.

Contributory Negligence

if the plaintiff causes his or her injury in any way he or she is barred from recovery plaintiff sould not recover from the defendant at all (alabama, DC, Maryland, Virginia, North Carolina)

The police search the offices of Financial Investments, Inc. (FII) without a warrant. Ethan, the president of FII, and Gina, FII's accountant, are subsequently charged with a crime. Under the exclusionary rule: A. certain FII records are excluded from subpoena by the government. B. certain parties to a criminal action may be excluded from a trial. C. illegally obtained evidence must be excluded from a trial. D. persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury.

illegally obtained evidence must be excluded from a trial.

If a person is arrested for a low-level crime, but the prosecution wants to get information from that person about someone who is committing a more serious crime, the prosecution can grant * in exchange for the information.

immunity

When a grand jury decides that someone should be charged for an alleged crime, such a charge is called an *

indictment

Many lesser crimes do not require a grand jury, but the individual is nonetheless formally charged via a(n) *

information

In order to commit an intentional tort, a person must cause harm and:

intend to commit the act that caused harm.

Fraudulent Misrepresentation

intentional deceit for personal gain - misreperationtation of material fact - intent to induce another to rely on the misrepresentation - justifiable reliance by innocent party - damages suffered as a result of reliance - a casual connection between misrepresentation and the injury suffered defenses - lack of evidence or claim to puffery - more than just puffery, or more than opinions or obvious exaggeration

trespass to personal property

intentional interference with another's use or enjoyment of personal property without consent or privilege conversion: permanently deprive an owner of the use or possession of his or her property without permission failure to return goods: even if the rightful owner consented to the initial taking of the property, a failure to return property may still be conversion

A homicide is classified as * when it results from an act of criminal negligence and there is no intent to kill.

involuntary manslaughter

Oral Defamation

is to slander

. If a person leaves a lawn mower in the front yard and someone else walks by and takes that lawn mower, the taker probably has committed the crime of .

larceny

Dun & Bradstreet, a large credit-reporting agency, sent a computerized letter to its subscribers that included the false statement that Arthur Greenmoss had filed for bankruptcy. Greenmoss was a well-known businessman who was also on the Vermont state legislature and was running for governor. Greenmoss subsequently filed a lawsuit against Dun & Bradstreet for libel. Dun & Bradstreet claimed that it had not acted with malice because an employee had included the statement in the letter without verifying its accuracy. Under the common law of Vermont, malice may be shown "by conduct showing reckless or wanton disregard" for the truth. In this situation, the court most likely also concluded that Dun & Bradstreet was:

liable for defamation, because the statement in the publication was false and malicious.

Print defamation

libel media is included

A statute of limitations:

limits the time period during which a plaintiff can successfully file a tort lawsuit against a defendant.

If a dentist violates his or her duty of care to you by negligently cracking two of your teeth, you may be able to sue the dentist for:

malpractice

General damages do not include damages for:

medical expenses.

Violent crimes include * , ,* and * ; and they can generally cause harm or death to a person.

murder,robbery, sexual assault

If your actions harm someone else but you never intended to cause that harm, you may nevertheless be liable for the tort of:

negligence

Cyber crime can best be defined as: A. a crime that necessarily also involves a tort. B. not a new type of crime but a new way of committing crime—in cyberspace. C. organized crime. D. a crime against property.

not a new type of crime but a new way of committing crime—in cyberspace.

High Bikes, Inc., makes bicycles. A defective High bike injures Lisa when she rides it. Lisa files a product liability suit against High. The maker can:

not avoid liability

Exxon owned a gasoline station in Virginia that it used for years. The station had five underground gasoline storage tanks that were not properly maintained. The property was sold to AFA, which discovered gasoline contamination of the soil. AFA filed a lawsuit in Virginia state court, contending that Exxon should be held strictly liable for the cost of cleaning up the property. The court most likely found that Exxon was:

not liable, because gasoline storage is not an abnormally dangerous activity.

Product liability based on Fraudulent misrepresentation

occurs when a fraud is committed against a consumer or user of a product. fraud must have been knowingly or with reckless disregard for safety. Does not have to show product was defective

organized crimes

operates to provide illegal goods and services - money laundering - racketeering

Sam, an engineer, supervises the construction of a new bridge. When the bridge collapses due to faulty construction, Sam is sued by those injured in the collapse. As a professional, Sam is held to the same standard of care as:

other engineers

A product liability action based on negligence does not require:

privity of contract.

The Fourth Amendment provides protection against unreasonable searches and seizures and requires that * cause exist before a warrant for a search or an arrest can be issued.

probable

Those who make, sell, or lease goods can be held liable for physical harm or property damage caused by those goods to a consumer, user, or bystander. This is called:

product liability

Gary is standing on a defective stool when it collapses, causing Gary to fall and suffer an injury. Gary files a suit against Interstate Stools, Inc., the manufacturer. A significant application of the doctrine of strict liability is in the area of:

product liability.

The basic purpose of tort law is to:

provide remedies for the invasion of protected interests.

Joy invites Ken into her apartment. Ken commits trespass to land if he:

refuses to leave when Joy asks him to go.

Kelly is an appliance salesperson. Kelly commits fraud if, to make a sale, she:

represents as a fact something that she knows is untrue.

Under the* doctrine, a court may impose criminal liability on a corporate officer who knew about a given criminal violation.

responsible corporate officer

Criminal negligence can occur when a defendant is not aware of the risk, but

should have been aware of it

Where civil law is concerned about private injuries to a person, criminal law is concerned with a wrong against * . When a crime occurs, the * brings a suit against the actor. Because crimes may result in fines and/or * or even death, the burden of proof to show guilt is known as * .

society,government, imprisonment,beyond a reasonable doubt

Dru tells his Excel Company coworkers that Fiona, Excel's office manager, is stealing from their employer. The statement is defamatory only if:

statement is false

A person may be found not liable for committing a crime if that person: A. is voluntarily intoxicated. B. suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts. C. made a mistake of law. D. is over the age of eighteen.

suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts.

According to the United States Supreme Court in Miranda v. Arizona, an individual must be apprised of certain of his or her rights whenever the individual is A. arraigned in a court. B. imprisoned in a jail. C. sentenced for a crime. D. taken into custody.

taken into custody.

To succeed in a strict product liability case, the plaintiff must show:

that the product was defective when it was sold or leased.

bribery

the act of offering to give something of value to a person in order to influence that person in a way that serves a private interest

negligence per se

the defendant breaches a safety statute, and an individual who the statute was meant to protect is injured (lack of smoke detector) res ipsa loquitur: negligence is inferred from the circumstances. the injury would not have occurred unless someone was negligent The burden of proof then shifts to the defendant, who must prove he or she was not negligent

The requirements of strict liability include all except:

the defendant must have acted with intent to cause harm.

reasonable person standard

the degree of care expected of a hypothetical reasonable person, not how this person would act, but how they should act

Property crimes

the goal of the offender in these crimes is economic gain or property damage - robbery - burglary - larceny - forgery

Who can be held liable for injuries caused by a defective product?

the manufacturer, seller, or lessor of the product.

Unreasonably dangerous under strict liability

the product was dangerous beyond the expectation of an ordinary consumer. A less dangerous fall into one of three categories: - manufacturing defects - design defects - inadequate warnings

At Sea Food Cafe, Tom believes that he was overcharged and shoves Wally, a waiter. Wally sues Tom, alleging that the shove was a battery. Tom is liable if:

the shove was offensive.

Property crimes come in many forms. Obtaining goods by false pretenses is a form of theft that involves* . If you know that a friend has given you stolen goods, you will be guilty of * stolen goods. The willful burning of a building is the crime of * .

trickery,receiving,arson

A manufacturer may be liable for a failure to exercise due care to any person who sustains an injury caused by a defective product.

true

A plaintiff could succeed in a product liability suit based on strict liability by showing that a product was unreasonably dangerous due to a design defect.

true

A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products.

true

A significant application of strict liability is in the area of product liability, where liability is imposed on manufacturers and sellers of defective products.

true

A store manager may delay a suspected shoplifter if the manager has probable cause to justify delaying the suspect.

true

A written defamatory statement must be communicated to a third party to be actionable.

true

An artisan's lien is a defense to a charge of trespass to personal property.

true

An illegal search can be an invasion of privacy.

true

An individual's right to privacy includes the exclusive use of his or her identity.

true

Assumption of risk is a defense that may be raised in a product liability suit.

true

In many states, the plaintiff's negligence is a defense that may be raised in a product liability suit based on strict liability.

true

Punitive damages are intended to punish a wrongdoer and deter others.

true

Slander involves the oral communication of defamatory language.

true

Strict liability applies to the suppliers of component parts.

true

Strict liability is liability without fault.

true

The purpose of tort law is to provide remedies when various protected interests have been invaded.

true

To succeed in a product liability suit alleging a design defect, a plaintiff must show that there is a reasonable alternative design.

true

To succeed in a product liability suit based on strict liability, a plaintiff must prove that a product was defective.

true

Tort law provides legal remedies for property damage.

true

Tortfeasor is the term for a person who commits a tort.

true

Quinn, a clerk at PC Computer Store, takes a computer from the store without PC's permission. Quinn is liable for conversion:

under any circumstances.

Torts may be classified broadly into two categories:

unintentional and intentional.

Burglary

unlawful entry into a building with the intent to commit a felony aggravated is with a deadly weapon

property owners liable for

use a reasonable duty of care that one must warn about dangers that are no apparent (guard dog) als may be liable for objects that attract children under the attractive nuisance doctrine

robbery

using force or threat of force to unlawfully take personal property of an value from another aggravated is with a deadly weapon

Who can recover in products liability lawsuits

virtually all courts extend strict liability to injured purchasers, users and bystanders

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina:

was detained for an unreasonably long time.

Trespass to Land

when a person without permission physically enters onto, above or below the surface of another's land; causes anything to enter onto the land; remains or permits anything to remain on the land after being asked to leave only need inferefence with the owners right to exclusive possession, no harm needed

Eve owns First-Rate Salvage, a demolition company. A demolition by a First-Rate crew injures Glen, a passerby. Under the theory of strict liability, Eve must pay for Glen's injury:

whether or not the First-Rate crew was at fault.

Reaching for a bottle of soda from a display in a Bargain Mart store, Cody slips in a puddle of spilled soda and falls, suffering an injury. Bargain Mart's employees are not aware of the spilled soda until Cody falls. In a suit against Bargain Mart, Cody will most likely:

win, because the spilled soda was foreseeable.

Which of the following are different forms of malware? a. b. c. .

worms,viruses, botnets

Tort is the French word for:

wrong

duress

wrongful act or threat that induces another to commit a crime that he/she would not have otherwise done -defendant must believe he/she is in immediate danger - is not a defense to murder

Curt, a dairy goods salesperson, follows Dona, a competitor's salesperson, as she visits convenience stores to make sales. Curt solicits each of Dona's customers. Curt is likely liable for:

wrongful interference with a business relationship.

Defamation

wrongfully hurting a person's good reputation by making false statements of fact

larceny

wrongfully taking and carrying away another person's personal property with the intent to permanently deprive the owner of the property

The two notions that serve as the basis of all torts are:

wrongs and compensation.