Question 1??
What is the difference between larceny and
robbery?
c
Question 2?
In a letter to Tonia, Claude wrote,
“Melissa is very stupid. She has a low IQ, as has been shown in several private
IQ tests that I have administered. I can’t understand why a smperson like you
would associate with her.” In fact, Melissa has a very high IQ, which the IQ
tests showed. Claude’s statement is an example of c
Question 3?
The law of negligence is based onc
Question 4??
The burden of proof in a criminal trial is
on the government, which must prove its case by a preponderance of the evidencec.
Question 5??
An inspector for the Occupational Safety
and Health Administration arrived at Exclon’s factory to conduct an inspection.
The inspector did not have a search warrant. The general manager of the factory
gave the inspector permission to inspect the facility. During the inspection,
the inspector found serious safety violations. Exclon will be a able to
successfully challenge the search because the inspector did not have a search
warrant. c
Question 6?
All theories of tort liability involve the
concept of foreseeability. c
Question 7?
At an arraignment, the person accused of
criminal conduct is informed of the charges he or she is facing, and if
necessary an attorney is appointed for the defendant.c
Question 8??
Generally, a party cannot appeal a
decision made in binding arbitration. c
Question 9???
Disparagement occurs when a business
product is defamed. c
Question 10
Why alternative forms of dispute
resolution (ADR) are becoming increasingly popular?
Alternative forms of dispute resolution
are becoming popular because they are fast, cost – effective and provide great
satisfaction to both parties involved.
Question 11
Strict liability for products is based on c
Question 12
Manslaughter occurs when the killing is
unlawful, but with malice. c
Question 13???
If one act is both a crime and a tort, c
Question 14??
A dispute arose between Tenako, Inc. and
Paulson, LLC. The businesses decided to attempt to resolve the dispute by
hiring an impartial third party to help them reach a mutually acceptable
resolution to their dispute. The alternative method of dispute resolution being
used is:
c
Question 15??
The law protects an individual from
suffering serious indignity that causes emotional distress.
Intentional infliction of emotional
distress.
Question 16?
When Steven arrived at the airport for his
prearranged flight, the clerk informed him that there were no seats available.
Steven lost his composure and started to scream at the clerk, demanding a seat
on the plane. As he yelled, Steven paced back and forth in front of the airline
counter. Steven made no physical movement towards the clerk. Which statement is
correct?
c
Question 17?
The correct title for the RICO statute is
the: c
Question 18???
Larceny is defined as a petty theft that
involves taking another persons’ property with the intent to deprive him the
right to possess and use it.
Question 19?
Duty, breach of duty, proximate causation,
and injury are the elements necessary for the tort of negligencec
Question 20??
Rosencrantz picked the lock on the door of
Stems’ house and entered, intending to steal Sterns’ computer. However, Rosencrantz
heard a noise and ran out of the house without taking anything. Rosencrantz has
committed which crime? c
Question 21?
Corporate employees are personally liable
for the crimes they commit while acting for the corporation. c
Question 22???
Slander is an oral defamatory statement
that damages a persons’ reputation.
Question 23???
Arson is the unintentional burning of any
property by fire or explosion. c
Question 24???
Burglary is the taking of money by an
employee who has been entrusted with the money by his or her employer.c
Question 25??
Identity theft occurs when a thief steals
personal information, such as the name, address, Social Security number, and/or
name of the employer, and then uses this information to access the victim’s
credit. c
Question 26?
Recovery for intentional torts is based on
the concept of fault, while recovery for strict liability and negligence are
not. c
Question 27??
Duress may be a valid criminal defense. c
Question 28???
Tort law is a recent development. c
Question 29??
Most states follow the traditional view of
contributory negligence.c
Question 30???
Slander is a written defamation. c
Question 31???
In most cases, mediation is not successful
and parties end up going through arbitration. c.
Question 32???
An expert witness is valid if presented by
a person with special knowledge about a particular topic in the trial process.
The expert must proof his/ her competency through detailed analysis of the
topic to convince the adjudicators and judges. Generally, expert witness is
valid in law.
Question 33??
The purpose of a demurrer is to challenge
the legal sufficiency of the other party’s pleading as a pleading. v
Question 34???
A deposition refers to
witness’s sworn out-of-court testimony, that’s used to
gather information as part of the discovery process and, in limited
circumstances, may be used at trial
Question 35???
A minitrial is an alternative dispute
resolution procedure that is used by businesses and the federal government to
resolve legal issues without incurring the expense and delay associated with
court litigation.
Question 36???
According to your text, The American
Arbitration Association (AAA) claims that its mediations are very effective
with 85 percent of commercial matters and 95 percent of personal injury matters
resulting in written settlement agreements.
Question 37
Duress requires all EXCEPT proof on murder
or attempted murder cases.
Question 38?
Generally, a motion for summary judgment
is made after
Question 39???
A public figure is a person who has a
degree of prominence in society.
Question 40???
False imprisonment is the lawful detention
of one person by another against the former’s will, and without just cause, for
an appreciable amount of time.
Question 41?
In Mediation, The parties present their
evidence to an impartial third party who makes a decision called an award.
Before the hearing begins, the parties decide if the third party will be
binding or advisory on them.
Question 42???
Increasingly, courts are requiring
criminals to use alternative methods of dispute resolution (ADR) before the
court will hear the case
Question 43?
State law cannot prohibit arbitration
agreements
Question 44?
Which of the following is an advantage of
mediation?
Mediation is cheap, flexible and its award
is satisfactory so both parties.
Question 45
What do all theories of tort liability
have in common?
All theories of tort liability define the
extent of damage and the maximum compensation that a plaintiff is entitled to
get
Question 46???
The courts favor alternative methods of
dispute resolution (ADR).
Question 47?
In the U.S., evidence obtained through an
illegal search may not be used in court
Question 48???
Rozencrantz pointed a gun at Sterns, and
told him to hand over his wallet. Sterns refused. Rozencrantz snatched the
wallet out of Sterns’ hands and ran away. Rozencrantz has committed which of
the following crimes?
Question 49?
Tort law addresses “public” wrongs.
Question 50?
Sybrum, Inc. ordered 5,000 brochures from
PrintSmart. Subsequently, a dispute arose over the quality of the paper. The
contract did not include an arbitration agreement. Since the initial agreement
did not include an agreement to arbitrate, the matter cannot be settled by
arbitration.
Question 51?
Jacqueline was the bookkeeper for Vop,
Inc. To pay a gambling debt, Jacqueline took $5,000 in cash that was to be
deposited in Vop’s bank account. Jacqueline then altered Vop’s accounting
records to hide her actions. Which statement is correct?
Jacquelines’ has committed a crime of
embezzlement.
Question 52???
The difference between murder and
manslaughter lies in the mental state of the defendant.
Question 53???
What is the purpose of alternate jurors?
To avoid having to retry a case when
a juror is excused
before the end of trial.
Question 54??
ADR is less adversarial than litigation
Question 55???
Res judicata means that when a court
issues a final judgment, the subject matter of that lawsuit is finally decided
between the parties to the suit.
Question 56?
Generally, mediation sessions are open to
the public.
Question 57???
Treason is the only crime defined in the
U.S. Constitution4 and is the most serious offense against the government.
Question 58??
Imogene is an employee of Tennyson, Inc.
She is not permitted to handle money for the company, and has never been given
the key to the cash register or the combination of the safe. One night, after
the business is closed, she enters the building (using the ID-card key that all
employees have), picks the lock on the safe, and steals $10,000 in cash.
Imogene has committed the crime of embezzlement.
Question 59???
The final decision of an arbitrator is
called an award.
Question 60?
Strict liability can be a basis for
criminal liability as well as for tort liability.
Question 61?
Larceny is the wrongful taking and
carrying away of the personal property of another person without the owner’s
consent, and with the intent to deprive the owner of the property permanently.
Question 62?
Caitlin sued Yu in small claims court. A
$500 judgment was entered in favor of Caitlin. Which statement is correct?
Yu can pay the $500 judgement directly to
the court or order for an installment payment plan.
Question 63?
Misdemeanors are minor offenses that are
punishable by confinement of up to two years in a city or county jail, a small
fine, or both.
Question 64?
The tort of fraud consists of which of the
following elements?
Question 65???
A person who chooses to become active in
society such as a mail carrier is a public figure.
Question 66?
The Economic Espionage Act makes it a
criminal offense to
Question 67???
Rebecca was asked to mediate a dispute
between Paul and Lola. To mediate the dispute, Rebecca must be certified by the
American Mediation Association (AMA) or other recognized organizations
Question 68???
Roxanne, a 30-year-old woman, went to Dr.
Lynn’s office for a pregnancy test. Before Roxanne was notified about the
positive test results, Dr. Lynn’s nurse called Roxanne’s mother and told her
about the pregnancy. The nurse has most likely committed the tort of:
Question 69??
The burden of proof the state must satisfy
in a criminal trial is
Question 70???
Homicide is the killing of one human being
by another.
Question 71?
Gretchen walked up to Herman’s door and
rang the bell. Herman answered the door and asked what Gretchen wanted.
Gretchen said that she was selling collectors’ items. Herman told Gretchen to
leave, but Gretchen immediately walked past Herman into the house. Gretchen
then showed Herman an old watch, telling him that the watch once belonged to
Ulysses S. Grant (38th President of the United States and Civil War hero); in
fact, the watch is only 50 years old and was never owned by anyone noteworthy,
as Gretchen knows very well. Herman believed Gretchen and bought the watch.
Immediately thereafter, Nate entered the room, saw what was happening, and
started to warn Herman. Gretchen pulled out a gun and fired it at Nate; the gun
contained only blank cartridges, but Nate and Herman both thought that they
were about to be killed and fainted. Gretchen took the telephone and left. No
one was hurt. Gretchen committed all of the following torts EXCEPT
Question 72??
There are four elements that must be shown
before a recovery for the tort of negligence is permitted. Which of the
following lists these four conditions?
For the tort of negligence to be
revocable, the must be proof that the defendant doesn’t owe any duty of care to
the plaintiff, the plaintiff didn’t suffer damages, no breach of duty and genuine
cause of action.
Question 73
Voluntary intoxication is always a valid
defense in a criminal case because drunken persons cannot be held responsible
for their actions.
Question 74?
Under strict product liability, there
would not be any liability unless the manufacturer was at fault to some degree.
Question 75
A lawyer may use his or her peremptory
challenges to remove all the African-Americans from the jury
