Chapter 6 & 8

The Speedy Trial Act is a federal statute that requires that a criminal defendant in a federal case be brought to trial within​ _____ days after indictment.

70

The​ _____ makes it a federal crime to access a computer knowingly to obtain restricted federal government information.

CFAA

In the landmark case Greenman v. Yuba Power​ Products, Inc.​, the​ _____ Court adopted the doctrine of​ _____ in tort as a basis for product liability actions.

California​ Supreme; strict liability

​________ damages are only allowed in a few jurisdictions.

Economic

The​ ___________ Amendment protects a defendant against cruel and unusual punishment.

Eighth

A statute of repose relieves the defendant of liability​ _______________.

Even if the product is​ defective, the defendants are relieved of liability if the statute of repose has run.

The​ _____ Amendment to the United States Constitution provides that no person​ "shall be compelled in any criminal case to be a witness against​ himself."

Fifth

In​ _____, one person steals information about another person to pose as that person and take the innocent​ person's money or property or to purchase goods and services using the​ victim's credit information.

ID theft

One of the most pervasive monetary crimes today​ is________.

Internet fraud​ (identity theft)

​_____ is a tort in which a seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby.

Product​ liability: misrepresentation

tort doctrine that makes​ manufacturers, distributors,​ wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect regardless of fault. The doctrine of strict liability in torts is the basis for most product liability actions.

Product​ liability: strict liability

James is going to be tried for robbery and has requested a jury trial because he is entitled to one under the​ _______ Amendment.

Sixth

The right to a public jury trial in a criminal case is found in the​ ________ Amendment.

Sixth

​Arson, forgery, and fraud are examples of​ _____ intent crimes.

Specific

Which amendment grants protection to people and businesses against unreasonable search and seizure by the government?

The Fourth Amendment

the rights to (1) be tried by an impartial jury of the state or district in which the alleged crime was committed, (2) cross-examine the witnesses against the accused, (3) have the assistance of a lawyer, and (4) have a speedy trial

The Sixth Amendment

If a motorcycle rider was injured in an accident caused by a missing screw in the motorcycle and brings a suit for negligence related to a defective​ product,,what must the plaintiff​ prove?

The defendant failed to exercise due care.

risk-utility analysis a court would consider in product liability cases?

The gravity of the danger posed by the design, The availability and cost of producing a safer alternative design, The social utility of the product

the crashworthiness doctrine

This doctrine says that automobile manufacturers are under a duty to design automobiles so that they take into account the possibility of harm from a person's body striking something inside the automobile in the case of a car accident.

A law that limits the seller's liability to a certain number of years from the date when the product was first sold

________ is called a statute of repose.

A cyber crime is defined as​ ________.

a crime that is committed using​ computers, e-mail, the​ Internet, or other electronic means

A statute that limits the seller's liability to a certain number of years from the date when the product was first sold is called _________.

a statute of repose

Larceny is the taking of ________.

another's personal property other than from his or her person or building

A document for a​ person's detainment, based on a showing of probable cause that the person committed a​ crime, is known as​ a(n) ________.

arrest warrant

A defect in manufacture occurs when a manufacturer fails to​ _____.

assemble the product properly

The accused in a criminal case must be found guilty​ ________.

beyound a reasonable doubt

Personal injury damages

can either be strictly compensatory damages or include punitive damages as well.

A violation of a statute for which the government imposes a punishment is known as​ a(n) ________.

crime

Misdemeanors are ________.

crimes that are not inherently evil but are prohibited by society

A crime that is committed using​ computers, e-mail, the​ Internet, or other electronic means is known as a​ ________.

cyber crime

To recover for strict​ liability, the injured party must show that the product that caused the injury was somehow​ ________.

defective

The most serious type of​ crime, including inherently evil​ crime, is known as a​ ________.

felony

Assault and battery are usually considered​ _____ intent crimes.

general

A non-intent crime ________.

imposes criminal liability without a finding of mens rea

A​ defendant's plea of nolo contendere will result in which of the​ following?

imposition of a penalty without an admission of guilt by the defendant

The Sixth Amendment ________.

includes the right to be tried by an impartial jury of the state or district in which the alleged crime was committed

When a grand jury issues​ a(n) _______________ the grand jury is indicating that the defendant should be charged with having committed a crime​ (usually a​ felony).

indictment

​A(n) ________ is a charge of having committed a​ crime, usually a​ felony, based on the judgment of a grand jury.

indictment

The concept of​ "defect"

is an expanding area of law. Many things can be considered a defect including inadequate testing of a​ product, inadequate selection of component parts or​ materials, and improper certification of the safety of a product.

strict​ liability

is liability without fault

In common​ law, if someone were to use another​ person's ATM card without their permission to remove money from their bank​ account, this would be known as​ ______________.

larceny

​A(n) ______ defect is a defect that occurs when a manufacturer fails to assemble a product​ properly, test a product​ properly, or check the quality of the product adequately.

manufacturing

To be successful in a product liability action based on​ _____, the plaintiff must prove that the defendant breached a duty of due care to the plaintiff and thereby caused the​ plaintiff's injuries.

negligence

Evidence of the substantial likelihood that a person either committed or is about to commit a crime is known as​ ________.

probable cause

A tort related to defective products in which the defendant has breached duty of care and caused harm to the plaintiff is known as​ ________.

product​ liability: negligence

The elements necessary to prove in a product liability case based upon the traditional tort theory of negligence include all of the following​

proximate causation, breach of duty of care, injury to plaintiff, actual causation

Monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff are known as​ ________ damages.

punitive

In addition to actus reus​ (a criminal​ act), the prosecution must also prove mens rea​, which includes​ ________.

specific or general intent

A law that limits the seller's liability to a certain number of years from the date when the product was first sold

statute of repose.

Contributory negligence is a product liability defense that says ________.

that a person who is injured by a defective product but has been negligent and has contributed to his or her own injuries cannot recover from the defendant

The right of a person not to be required to be a witness against​ him- or herself in a criminal case is granted by which​ amendment?

the Fifth Amendment

The right for people to be free from unreasonable search and seizure by the government is granted in which​ amendment?

the Fourth Amendment

A rule that says evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched is called ________.

the exclusionary rule

If a perpetrator broke into a house to commit​ burglary, but during the commission of the crime was confronted by the homeowner and a struggle​ ensued, resulting in the​ homeowner's death, the accused could be tried for murder based upon​ _________________.

the felony murder rule

An arrest that is made without obtaining an arrest warrant is known as​ a(n) ________.

warrantless arrest

​_________________ is the intentional unlawful killing of a human being by another person with​ premeditation, malice​ aforethought, and willful act.

​First-degree murder