Scenarios legal studies exam 1
A prosecution of a crime by a state prevents a separate federal prosecution relating to the same activity True or false
False
Embezzlement includes the making or altering of any writing in a way that changes the legal rights and liabilities of another True or false
False
The standard of reasonable care for a professional is the same as that of an ordinary person True or False
False
Alex swings a bat intending to hit Blake but misses and hits Carson instead. • Carson can sue Alex for the tort of battery because Alex's intent to harm Blake may be transferred to Carson.
Transffered intent, still an intentional tort
A mistake of fact can often excuse criminal responsibility True or False
True
An act intended to make another person fearful of an immediate physical harm is an assault if the threat is reasonably believable and thus creates a reasonable apprehension of imminent harm in that person. True or False
True
When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs True or false
True
Brittany uses the internet to enter false code into the computer control system of Chicken Company, a food maker, to alter the levels of ingredients so that consumers of the food become ill. Brittany is
a cyberterriost
Zion is arrested at a warehouse in Industry Park and is charged with the crime of theft. Zion will be prosecuted by
a district attorney or attorney general
Bix backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bix failed to act as
a reasonable person
In a successful tort suit, an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort. True or False
false
Seymour is accused of a crime. To obtain information about the crime from Seymour, the state can
grant Seymour immunity from prosecution
Don interferes with the business interests of Erin in a way not permitted by law, and Erin's business is harmed as a result. To be liable to Erin for the commission of an intentional tort, Don must have
intended to commit the act
Esau works for Family Dwellings Inc., an investment firm that buys, renovates, and rents foreclosed houses. Esau steals his employer's digital files to start his own competing business, Good Homes LLC. This is
larceny
A truck with defective brakes runs off the street and crashes into Lima's home, damaging the property and injuring her. In a successful tort action against the truck's owner for gross negligence, Lima may be awarded for punitive damages to
punish the defendant and deter others from similar wrongdoing
Coffee being served in McDonalds: being served at a boiling temperature. Gives elderly lady second degree burns she sues McDonalds. She got
punitive damages
In a phone call to Lou, Mia speaks statements about NYE that injures Nye's reputation. If NYE can prove all of the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for
slander
Every criminal statute prohibits certain behavior. True or False
true