BLAW TEST 2

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

Negligent

Under the strict scrutiny test, suspect classifications include all but which of the following?

classifications based on age

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

hacker

Libel can occur ______.

in a magazine or a newspaper

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

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)

The ______ provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land.

supremacy clause of the U.S. Constitution

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

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

unreasonable

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

white-collar crime

Misdemeanors

Punishable by fines and/or imprisonment for less than one year

Which of the following is not an element that a plaintiff must prove to win a negligence case?

intent

Assault is an example of a(n) ______ tort.

intentional

Which constitutional amendment contains the takings clause?

the Fifth Amendment

Criminal ______ involves an individual intentionally using some sort of misrepresentation to gain an advantage over another person.

fraud

The dormant commerce clause is a restriction on states' authority that is ______ of the U.S. Constitution.

implied in the commerce clause

Torts are most commonly classified as ______ torts.

intentional, negligent, or strict-liability

Which of the following is not an example of trespass to realty?

intentionally causing a victim to experience severe emotional distress

Pursuant to the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, if a law's classification scheme is based on gender or on the legitimacy of children, courts use ______.

intermediate scrutiny

Police power consists of all except which of the following?

international trade agreements

A person commits trespass to ______ by temporarily exerting control over another's personal property or interfering with the true owner's right to use the property.

personalty

Trespass to personal property is also called trespass to ______.

personalty

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

persons

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

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

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

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

Under the ______ test, courts ask whether there is any justifiable reason to believe that the classification scheme advances a legitimate government interest.

rational-basis

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

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

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

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 ______ Amendment to the U.S. Constitution prohibits government from conducting unreasonable searches of individuals and seizing their property to use as evidence against them.

Fourth

______ 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

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

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

torts against economic interests

The ______ clause of the First Amendment to the U.S. Constitution includes the absolute freedom to believe in God, a god, more than one god, or no god at all.

free-exercise

The Eighth Amendment to the U.S. Constitution provides ______.

freedom from excessive bail

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

freedom of the press

The ______ clause of the U.S. Constitution states that each state must respect the legislative acts of sister states.

full faith and credit

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

1986

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,

______ of the U.S. Constitution states that "Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

Article IV, Section 2,

Which of the following is an inaccurate statement regarding battery?

Assault and battery are always synonymous.

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

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

Commercial

______ 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

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.

______ 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)?

______ is the wrongful conversion of another's property by one who is lawfully in possession of that property.

Embezzlement

______ is a system of government according to which the authority to govern is divided between federal and state governments.

Federalism

Which amendment to the U.S. Constitution states that the government cannot deprive a person of life, liberty, or property without due process of law?

Fifth Amendment

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.

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?

How likely was it that a crime would be committed?

______ is the power of a court to review legislative and executive actions to determine whether they are constitutional.

Judicial review

When law enforcement agents arrest individuals, the officers must inform the individuals of their ______ rights; otherwise, any information a defendant offers at the time of the arrest is not admissible at trial.

Miranda

______ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which no compensable damages were suffered by the plaintiff.

Nominal

Which of the following is a true statement regarding political speech?

Not all corporate speech is political speech.

______ 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

During which decade was the Sarbanes-Oxley Act passed?

The 2000s

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.

______ was originally enacted to combat organized crime.

The Racketeer Influenced and Corrupt Organizations Act

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.

True or false: In a criminal proceeding, the government files the charges against a defendant.

This is true. In a criminal proceeding, the government files the charges against a defendant. Government involvement distinguishes criminal trials from civil proceedings.

The commerce clause is located in Article I, Section 8, of the _____.

U.S. Constitution

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

U.S. Constitution

Which of the following is an accurate statement regarding extortion and bribery?

While bribery is offering something to obtain a desired result, extortion involves a threat if the victim does not give money or property.

______ 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.

Which of the following must the government demonstrate to punish an individual for criminal behavior?

actus reus and mens rea

A(n) ______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

assault

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

assault

Extortion is also known as

blackmail

Contributory negligence as a defense applies in cases in which ______.

both the defendant and the plaintiff were negligent

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

business

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

congressional

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

According to judicial interpretation of the ______ clause of the U.S. Constitution, no law can be passed that will unreasonably interfere with existing contracts.

contract

Which of the following is not a type of unprotected speech?

corporate speech

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

dormant

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

false imprisonment

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

Proximate cause is also referred to as ______ cause.

legal

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

libel

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

Using one's property in a manner that causes a neighbor to be subjected to flooding, vibrations, excessive noise, or smoke could lead to a(n) ______ claim.

nuisance

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

prosecutor

When conversion occurs, the true owner can ______.

recover damages for the full value of the converted item plus any additional damages that resulted from the loss

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 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: -compensatory -nominal -punitive

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

to punish the defendant

Tort is a French word meaning ______.

wrong

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

self-defense

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

Which of the following is NOT a true statement regarding political speech?

-According to the U.S. Supreme Court, corporate political speech is not protected to the same extent as ordinary citizens' political speech. -Corporate political speech is not protected by the First Amendment. -Political speech is given a low level of protection by the First Amendment protection compared to other types of speech.

Which of the following is an accurate statement regarding battery?

-Almost any unwanted, intentional contact constitutes battery. -Even contacts that are harmless, if unwanted, are batteries. -Even if contact is intended as a joke, if a reasonable person would be offended, the contact can constitute battery.

Identify the torts that are collectively called invasion of privacy torts. (Check all that apply.)

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

Which of the following is NOT a true statement regarding the Fifth Amendment's due process clause?

-For corporations, but not businesspeople, the Fifth Amendment's due process clause provides extensive protection. -The Fifth Amendment's due process clause does not apply to corporations or businesspeople. -For businesspeople, but not corporations, the Fifth Amendment's due process clause provides extensive protection.

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider which of the following questions?

-How socially beneficial was the defendant's conduct that posed the risk of harm? -What costs would have been necessary to reduce the risk of harm? -How serious was the potential harm?

Which of the following is one of the essential elements required for criminal fraud liability?

-The victim sustained damages as a result of the defendant's false representation. -The victim reasonably relied on the defendant's false representation. -The defendant made a material false representation with the intent to deceive the victim.

Which of the following is a type of unprotected speech?

-defamatory speech -obscene speech

Which of the following is a defense in an action for battery?

-defense of others -consent -self-defense -defense of property

Which of the following IS an affirmative defense to crime?

-duress -justifiable use of force -entrapment

Which of the following are examples of a fraudulent crime?

-false token -Ponzi scheme -false entries

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

-ignorance of the law -advanced age

Which of the following is an example of trespass to realty?

-intentionally causing an object to be placed on the land of another without the landowner's permission -intentionally staying on the land of another when the owner says to leave -intentionally entering the land of another without permission

Which of the following is included in the Fifth Amendment to the U.S. Constitution?

-protection against double jeopardy -the privilege against self-incrimination

Which of the following is one of the three federal laws that have aided in the fight against business-related crimes?

-the False Claims Act -the Sarbanes-Oxley Act of 2002 -RICO

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

Commercial speech is broader than just advertisements.

Petty offenses

Punishable by a jail sentence of less than six months or a small fine

Felonies

Punishable by imprisonment for more than one year in a penitentiary or by death

For the purpose of regulating the three branches of the federal government, the U.S. Constitution establishes a system of ______ designed for each branch's powers to keep the other branches from dominating the government.

checks and balances

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

Today, most federal regulations are exercises of congressional authority according to the ______.

commerce clause of the U.S. Constitution

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

communicating a false statement about someone to a third party

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

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

If a defendant commits a(n) ______ tort, he or she is liable for the plaintiff's damages without any requirement for the plaintiff to prove that the defendant was negligent.

strict-liability

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

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

The first ______ amendments to the U.S. Constitution are collectively known as the Bill of Rights.

ten

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 amendment to the U.S. Constitution contains the equal protection clause, which prevents states from denying "the equal protection of the laws" to any citizen?

the Fourteenth Amendment

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

the Fourth Amendment

The burden of proof in a criminal trial has two elements: ______.

the burden of production of evidence and the burden of persuasion

Identify the primary source of authority for federal regulation of business.

the commerce clause of the U.S. Constitution

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

tort

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

torts against social responsibility