Legal studies exam 2

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Legal studies exam 2
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2013-04-08 21:00:26
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Legal studies exam 2
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  1. Torts
    Seeks to reimburse an individual who suffers a loss because of the dangerous and unreasonable conduct of others.
  2. What are the the three types of torts?
    • 1. Negligence
    • 2. Intentional
    • 3. Products liability
  3. Negligence
    The failure to do what a reasonable person would do under the circumstances.
  4. What are the 4 elements of negligence?
    • Duty
    • Breach of duty
    • Proximate cause
    • Damages
  5. Duty of care
    Must act as a responsible person under the circumstances.
  6. What is the standard of care for a child?
    • A child is held to the standard of care of a child of similar age, intelligence and experience.
    • 0-7=do no wrong
    • 7-14= can show child should know better
    • over 14- can be negligent, but held to standard of care for a person that age(excludes adult activity)
  7. Liability of parents
    A parent is not liable unless agency relationship exists or parent is negligent.
  8. Malpractice
    Suing someone in their professional capacity for negligence.
  9. What are the 4 special relationships
    • Parent-child
    • husband -wife
    • employer-employee
    • business-patron
  10. Good Samaritan statute
    If you are medically trained or render emergency help, you will only be liable for gross misconduct.
  11. Are businesses required to have aed's?
    no
  12. What are the three types of people who come on property?
    • 1. Trespasser
    • 2. Licensee
    • 3. Business visitor
  13. Trespasser
    Person who comes upon the property of another without permission or legal right.
  14. What is the duty owed to a trespasser?
    Must not injure through willful or wanton misconduct.
  15. Licensee
    A person who comes upon the land with permission. (aka social guest)
  16. What is the duty owed to a licensee?
    • Liable for known defect which guest is not liable to discover.
    • No duty to inspect property
  17. Can a licensee become a trespasser?
    Yes, if they go somewhere they are unwelcome(ex attic)
  18. Business visitor
    Person who enters the property for a business purpose.
  19. What is the duty owed to a business visitor?
    • You are liable for a known defect which invitee is not liable to discover.
    • Duty to inspect
  20. Proximate cause
    There must be a reasonable connection between the negligent conduct of the defendant and the harm suffered by the plaintiff.
  21. Damages
    • The amount of money to make you whole, comprising of;
    • I. lost wages
    • II. Medical bills
    • III. Property damages
    • IV. Pain and suffering
  22. Punitive damages
    A sum of money may be awarded to punish the defendant as a result of outrageous conduct.(ex smoker guy)
  23. What are two defenses to negligence?
    • Contributory negligence
    • assumption of the risk
  24. Contributory negligence
    The failure of the plaintiff to act as a reasonable person under the circumstances.(you lose even if you are 1% at fault)
  25. Comparative negligence
    Plaintiff will win as long as his negligence is not greater than that of the defendant.(the verdict is reduced by the percentage)
  26. Assumption of risk
    When the plaintiff knowingly and voluntarily submits him/herself to the risk.
  27. Imputed negligence
    Because of a special relationship one can be held liable for another. Ex employer-employee if committed within the scope of authority.
  28. Independent contractor
    A person who contracts on his or her own and is not subject to the control of the employer.
  29. Garcia v. Grepling
    The son was bullied. Grepling won, but if the father had had prior knowledge of the incidents, Garcia would have won.
  30. What are some Intentional torts
    • Infliction of emotional distress
    • battery
    • assault
    • invasion of privacy
    • defamation
    • false imprisonment
  31. Infliction of emotional distress
    A person who, by outrageous conduct, causes severe emotional distress to another is liable for emotional distress.
  32. Battery
    The intentional touching of the body of another or an object closely associated with the body in a harmful or offensive manner.
  33. Why is a person playing a sport not subject to battery?
    When a person engages in a sport or play, he or she consents to the usual touchings.
  34. Assault
    An act intended to put another in fear of an immediate battery.
  35. Invasion of privacy
    The law guarantees that we have the right to be left alone.
  36. Is truth relevant in invasion of privacy
    No
  37. Defamation
    False statement which harms the reputation of another or lowers his or her reputation in the community.
  38. To be defamation, the statement must be;
    False and have publication
  39. What are the two types of defamation?
    • 1. Libel
    • 2. Slander
  40. Libel
    A false statement in writing
  41. Slander
    False statement said orally
  42. Is truth a defense to defamation?
    yes
  43. False imprisonment
    The unlawful detention of a person against his or her will.
  44. What are the elements of interference with a contract?
    • Enforceable contract
    • defendants awareness of that contract
    • intentional inducement to breach the contract
    • actual damages
    • A wrongful interference by the defendant to breach the agreement
  45. Products Liability
    One who sells a defective product is liable
  46. Burglary
    Entry into a building or occupied structure with the intent to commit a crime.(penalty up to 20 years)
  47. Criminal trespass
    When a person enters the land of another without permission or with no legal right to be there
  48. Larceny
    Taking and carrying away the property of another without consent and with the intent of depriving the other of the goods permanently.
  49. Shoplifting
    Depends on the value of goods taken. Same crime as larceny, except in a store setting
  50. Embezzlement
    When someone takes property entrusted to him or her with the intent to deprive the owner of the property.
  51. Robbery
    Theft plus force or threat of force(penalty 7-20 years)
  52. Electronic fencing
    When one uses the internet to sell property gained through unlawful means
  53. Identity theft
    Using the personal identifying information of another
  54. Receiving stolen property
    Unlawful to buy or receive stolen goods knowing that the goods are stolen
  55. Conspiracy
    Agreement between two or more people to commit a crime or commit a lawful act in an unlawful manner.(needs an overt act)
  56. White collar crime
    Illegal actions committed in a business setting
  57. Bribery
    The act of offering something of value to another with the intent of influencing that person's opinion or to have something done in return by that entity.
  58. Money laundering
    Also called the money laundering control act, It's purpose is to go after the third party that claims ownership of money obtained through illegal means.
  59. Insider trading
    Occurs when corporate insiders, such as officers, directors, and employees, buy or sell stock in their own companies.
  60. Making a false statement to a bank
    • Person makes a false statement over a material fact or overvalues property for purposes of inducing a bank to take action
    • - can mislead auditors.
  61. Bankruptcy fraud
    When a person devises a scheme to defraud by; Filing a false bankruptcy statement; filing a false document in a bankruptcy proceeding; or making a fraudulent representation or claim in a bankruptcy case.
  62. Fifth amendment
    • Guarantees that a person cannot be compelled to testify against himself.
    • 1. any statement you make must be voluntary
    • 2. you have to be given mirand warnings if in custody
  63. Miranda warnings
    • right to remain silent
    • Anything you say can be used against you in a court of law
    • you have the right to have an attorney present before any questioning
    • If you cannot afford an attorney, one will be appointed to you
  64. When are miranda warnings administered?
    When there is custodial interrogation
  65. What is the definition of custody for purposes of miranda?
    "feels significantly deprived of freedom to leave"
  66. True/false the fifth amendment only applies to spoken words
    true
  67. Fourth amendment
    • Prohibits unlawful search and seizure
    • Warrants must be issued upon probable cause
  68. When don't the police need a warrant?
    • If evidence is in plain view
    • In emergency(time delay defeats ends of justice)
    • car search if they have probable cause
  69. Hot pursuit
    If the police are in hot pursuit of a suspect they do not have to break off the chase to obtain a warrant
  70. General police measure
    Ex airport search, but they may not discriminate
  71. Which of the following elements is not necessary to prove negligence?
    A. Duty
    B. Breach of duty
    C. Causation
    D. Intent to harm
    Answer: D intent to harm
  72. Do you have a duty to save a drowning person?
    Generally, there is no duty to rescue another, unless there is a special relationship or you caused the harm.
  73. Which of the following is not an intentional tort?
    A. Battery
    B. Products liability
    C. Defamation
    D. Assault
    Answer: B products liability
  74. Written communication that is defamatory is:
    A. Libel
    B. Slander
    C. Invasion of privacy
    D. Battery
    Answer: A libel
  75. If you purchase a defective product and you suffer damage from the defect, which party may be liable?
    A. The manufacturer
    B. The seller
    C. Both
    D. Neither
    Answer: C. Both
  76. The modern definition of burglary is, "The breaking and entering into a building at night with the intent to commit a felony"
    A. True 
    B. False
    Answer: B false
  77. Which of the following is not an exception to the warrant requirement?
    A.Emergency
    B.Plain view
    C.Reasonable suspicion
    D.Consent
    Answer: C reasonable suspicion
  78. What amendment prohibits cruel and unusual punishment?
    A.First
    B.Third
    C.Eighth
    D.tenth
    Answer: C eighth
  79. What is the written statement that the grand jury returns if they find probable cause called?
    A.Indictment
    B.Information
    C. Interrogatory
    D.subpoena
    Answer: A. Indictment
  80. A defendant in a criminal trial may waive grand jury proceedings by a written charge called an indictment?
    A. True
    B. False
    Answer: B false
  81. What would constitute custody for the miranda warnings?
    A. sitting in a squad car
    B. Being in an interrogation room
    C. Lying in your bed surrounded by two officers
    D. All of the above
    Answer: D all of the above
  82. Which of the following types of evidence do miranda rights not cover?
    A. Mug shots
    B. Finger prints
    C. chemical tests
    D. All of the above
    Answer: D All of the above
  83. Can a principal give consent to search lockers?
    Yes
  84. When a person causes another an injury because of their dangerous, careless, reckless, or unreasonable conduct, they have committed a:
    A. Tort
    B. Battery
    C. Larceny
    D. Assault
    Answer: A tort
  85. Define negligence:
    A. The failure to do what a reasonable person would do under the circumstances. The plaintiff has the burden of proof.
    B.The failure to do what a reasonable person would do under the circumstances. The defendant has the burden of proof.
    Answer: A. The failure to do what a reasonable person would do under the circumstances. The plaintiff has the burden of proof.
  86. What are the elements of defamation:
    A. false statement which harms the reputation of another or lowers his or her reputation in the community.
    B. Must have publication
    C. Truth is an absolute defense
    D. All of these are elements of defamation
    Answer: D all of the above
  87. Which crime is defined as the taking and carrying away of the property that belongs to another without consent and with the intention of depriving the owner of the goods permanently.
    A. Embezzlement
    B. Larceny
    C. Burglary
    D. criminal trespass
    E. None of the above
    Answer: B larceny
  88. The fourth amendment prohibits:
    A. Airport searches
    B. Seizing "Illegal stuff" in plain view
    C. Unlawful searches and seizures
    D. Police from interrogating a witness in custody
    Answer: C unlawful searches and seizures
  89. Which is not an intentional tort?
    A. Infliction of emotional distress
    B. Battery
    C. Assault
    D. All of these are intentional torts
    Answer: D. All of these are intentional torts
  90. Which is not an element of negligence?
    A. Duty
    B. Punitive damages
    C. Breach of duty
    D. Proximate cause
    Answer: B Punitive damages
  91. Tommy and diesel decide to hold up the grocery store a few blocks away from their homes. Furthermore, the store is always overcharging for their products so they see no harm in their actions. Charges against anyone who has participated in the planning or commission of a crime and the actions of holding each person involved in the crime liable for the actions of the other is known as what crime?
    A. Conspiracy
    B. Embezzlement
    C. Theft
    D. Electronic fencing
    E. None of the above
    Answer: A conspiracy
  92. Because the law protects children, a minor will never be held to the standard of care of the average person in a tort action. Instead, children are always held to the standard of care of children of similar age, intelligence and experience. After all, children develop differently at each age of their lives.
    A. True
    B. False
    Answer: A true
  93. Which is not true about products liability?
    A. One who sells a defective product is liable.
    B. One who buys the defective product is liable because they assume the risk of the product's danger.
    C. Merchant becomes insurer of products' safety.
    D. Failure to warn is a defect
    Answer: B One who buys the defective product is liable because they assume the risk of the product's danger.
  94. A sum of money that may be awarded to punish the defendant as a result of outrageous conduct is:
    A. Compensatory
    B. Comparative damages
    C. Punitive damages
    D. Actual damages
    Answer: C punitive damages
  95. Mike takes a shortcut from temple university which requires him to cross the property owned by a Villanova Law school graduate. The property contains a large hole because a new pool is being installed. Mike crosses the land without consent and with no legal right to be on the property. Mike's status on the land is known as:
    A. Trespasser
    B.Business visitor
    C. Loiterer
    D. Licensee
    E. None of the above
    Answer: A Trespasser
  96. Assault is defined as:
    A. An act intended to put another in fear of an immediate battery.
    B. Intentional touching of the body of another or an object closely associated with the body in a harmful or offensive manner.
    C. Intentional touching of the body of another or an object closely associated with the body in a threatening manner.
    Answer: A. An act intended to put another in fear of an immediate battery.
  97. The 5th amendment guarantees that:
    A. A defendant's confessions may never be used against them in court.
    B. A person cannot be compelled to testify against themselves.
    C. A person cannot be compelled to give a writing sample
    D. A person cannot be compelled to be fingerprinted and have his mug shot taken.
    Answer: B A person cannot be compelled to testify against themselves.
  98. White collar crime is:
    A. Illegal actions in a business setting
    B. Computer fraud
    C. Insider trading
    D. Two of the above
    E. All of the above
    Answer:E all of the above
  99. Scott loans his car to randall who is obviously drunk. Randall drives into the front of a 7-11. According to the theory of "Negligent entrustment"
    A. Scott is not responsible for randall's accident
    B.Scott is responsible for randall's accident
    Answer: B. Scott is responsible for randall's accidnt
  100. Aimee, who is a doctor, performs a knee surgery on a patient. Unfortunately, she operated on the wrong knee. As a professional, Aimee is held to the standard of care of:
    A. The average person
    B.The average doctor
    C. Other reasonable professionals, including engineers, dentists, and lawyers.
    Answer: B The average doctor
  101. Exceptions to the fourth amendment prohibition on unreasonable searches and seizures includes:
    A. Plain view
    B. Emergency
    C. Hot pursuit
    D. Stop and frisk
    E. All of the above
    Answer: D all of the above
  102. You have just purchased a $10k rolex watch for $100. you have committed a crime of "receiving stolen property" and "conspiracy"
    A. True
    B. False
    Answer: B. False

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