AVSM 3351: quiz two

Question 1

what are the three classifications of criminal law in order from most to least serious

Answer 1

felonies
misdemeanors
violations

Question 2

in order for a crime to be committed there must be…

Answer 2

criminal act or criminal intent

Question 3

what are the typical stages of criminal cases? (5)

Answer 3

arrest
indictment
arrangment
plea bargains
trials

Question 4

what protection came from the fourth amendment?

Answer 4

no unreasonable search or seizures

Question 5

what protections came from the fifth amendment? (4)

Answer 5

• right to due process
• no double jeopardy
• freedom from self-incrimination
• right to indictment for capital crimes

Question 6

what protections came from the sixith amendment? (4)

Answer 6

• public trial
• speedy trial
• right to confront and present witnesses
• right to competent counsel

Question 7

what protections came from the eighth amendment? (2)

Answer 7

• no excessive bail
• no cruel and unusual punishment

Question 8

what criminal laws effect aviation? (6)

Answer 8

• document falsification
• mail or wire fraud
• hadardous materials transportion act
• resource converstion and recovery act
• terrorism
• miscellanenous criminal prvisions

Question 9

what is tort?

Answer 9

act that gives rise to injury or harm to another

Question 10

what does injury mean?

Answer 10

invasion of any legal right

Question 11

what does harm mean?

Answer 11

loss to detriment

Question 12

what does tort law fall under?w

Answer 12

common law and state statuary law

Question 13

who is the plaintiff in tort cases?

Answer 13

an individual or business

Question 14

what are the general objectives of tort law?

Answer 14

• compensate those injured
• require those who cause harm to pay for injury
• prevent future injuries

Question 15

what are the elements of tort law? (3)

Answer 15

• theres’s breach of duty that one owes to another
• that breach is the promate cause of injury
• theres’s injury or damage to a person with intrest that is legally protected

Question 16

what are the four types of tort?

Answer 16

negilence
intentional
wrongful death
strict liablity

Question 17

what are the six types of intentional tort?

Answer 17

• assault
• battery
• false inprisonment
• intentional inflictment of emotional distress
• defemation
• trespass

Question 18

whats the difference between assault and battery?

Answer 18

with assault, no physical contact is need as oppsed to battery

Question 19

if someone shots a gun and it hits someone they werent aiming at what is that considered?

Answer 19

battery

Question 20

what is written defamtion called?

Answer 20

libel

Question 21

what is spoken defemation called?

Answer 21

slander

Question 22

what must be be proven to win a defemation case? (3)

Answer 22

• statement was untrue
• statement was comunitcated to others
• statement caused harm to plaintiff

Question 23

what has to be done to tresspass land? (3)

Answer 23

• affirmative action was done by defendant
• intention to enter real property
• results in actual entry

Question 24

is real propery moveable or unmovable?

Answer 24

unmoveable

Question 25

what is personal property?

Answer 25

anything that is not real property

Question 26

what are the elements of neglience? (4)

Answer 26

- defendant owes plaintiff duty of care - duty of care is breached - breach of duty causes injury - injury suffered is protected by law

Question 27

what is duty of care?

Answer 27

duty owed to everyone who can be reasonably forseen to be potentially harmed by that carelessness

Question 28

how is breach of duty proven?

Answer 28

- by reviewing surrounding circumstances, violations of statue or regulation, and special skills or knowlege

Question 29

before wrongful death was added what could people sue for?

Answer 29

injury

Question 30

what are the elements of strict product libabity? (4)

Answer 30

- defendant must be merchant - product is defective at time its sold by defenant - product is unreasonably dangerous - plaintiff suffers personal injury or property damage from product

Question 31

what are the possible defenses for strict liablity? (4)

Answer 31

- product misuse - assumption of risk - contibutory neglience - comparative neglience

Question 32

what the differcence between contibutory and comparative neglience?

Answer 32

with contibutory neglience if the plaintiff is patially at fault they cannot collect damages while with comparative neglience the plaintiff can still collect damages if partially at fault