BusLawTest2NOTECARDS

Question 1

Public officials and public figures receive __________ from defamation than ordinary people.

Answer 1

less protection

Question 2

To win a case of intentional infliction of emotional distress, one must prove the defendant:

Answer 2

acted in an extreme and outrageous manner

Question 3

The elements in a defamation case are:

Answer 3

defamatory statement; falseness; communication; and injury.

Question 4

Under the single recovery principle:

Answer 4

no recourse as long as original reward was reasonable

Question 5

If one signs a contract and then a third party comes in and signs for more $, third party would be liable for?

Answer 5

tortious interference with a contract

Question 6

A public official or public figure can win a defamation case:

Answer 6

only by proving actual malice

Question 7

What is defenses can be used in defamation cases?

Answer 7

no third party, statement true, and statement was an opinion

Question 8

A successful plaintiff often receives money for:

Answer 8

Pain and suffering, medical expenses, and lost earning capacity

Question 9

Punitive damages are awarded:

Answer 9

to punish the defendant

Question 10

A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.

Answer 10

an invitee; of reasonable care

Question 11

A landowner’s highest duty is owed to:

Answer 11

invitees

Question 12

Illegally obtained evidence is not permitted to be used at a criminal trial based upon the:

Answer 12

exclusionary rule

Question 13

A felony is distinguished from a misdemeanor based upon:

Answer 13

the length and place of possible imprisonment

Question 14

Roger stole a stereo from an electronics store. What crime has Roger committed?

Answer 14

Larceny

Question 15

William burned his own warehouse in order to collect on a fire insurance policy. William has committed:

Answer 15

Arson

Question 16

The Miranda warning insures that the criminal suspects understand their constitutional rights relating to:

Answer 16

self incrimination

Question 17

What is a tort?

Answer 17

Duty to behave at a certain level and you are responsible for your own conduct

Question 18

What are the three types of torts?

Answer 18

intentional, negligence, and strict liabilties

Question 19

What is an intentional tort that is said or done that hurts ones reputation?

Answer 19

defamation

Question 20

What is an oral defamation?

Answer 20

slander

Question 21

What is written defamation?

Answer 21

liable

Question 22

What must be present in a defamation case?

Answer 22

false statement, not an opinion, and communicated to a third party

Question 23

What is malice?

Answer 23

knowing a statement is false

Question 24

What is an intentional tort that is confining or restraining against ones’ will?

Answer 24

False Imprisonment

Question 25

What must one show in an intentional infliction of emotional distress case?

Answer 25

extreme and outrageous

Question 26

What is the difference between assault and battery?

Answer 26

Assault is knowing something happens and battery is not consented and shows harmful or offensive physical contact

Question 27

What is a case dealing with personal property called?

Answer 27

conversion

Question 28

What is misrepresentation?

Answer 28

False statement of a material fact in order to change a posistion

Question 29

What is it called when a corporation wrongly interferes with an economic advantage of another company?

Answer 29

Tortious interference with a prospective advantage

Question 30

What are the intentional torts of privacy?

Answer 30

intrusion, commercial exploitation, public disclosure of personal facts

Question 31

What are compensatory damages?

Answer 31

medical expenses, lost wages, and pain and suffering

Question 32

What is the duty of care?

Answer 32

Average reasonable person under certain circumstances

Question 33

What duty of care do landowners have?

Answer 33

None unlessed invited (invitee or attractive residence)

Question 34

What does negligence per se mean?

Answer 34

Assume you are negligent if breaking the law

Question 35

What is factual causation?

Answer 35

Showing the defendant beach of duty caused harm? (if/then statements)

Question 36

What is proximate causation?

Answer 36

harm must be reasonably foseeability (chain of events)

Question 37

What is Res Ipsa Loquitur?

Answer 37

The facts imply defendant's negligence caused the accident or injury

Question 38

What are the different defenses for a negligence case?

Answer 38

contributory, comparative, and assumption of the risk

Question 39

What is contributory negligence?

Answer 39

If plaintiff is even slightly negligent, they recover nothing

Question 40

What is comparative negligence?

Answer 40

A plaintiff may recover even if partially responsible

Question 41

What is strict liability put into place?

Answer 41

Liabilities wihtout fault such as unhazardous activity

Question 42

What defense can one use for strict liability?

Answer 42

assumption of the risk

Question 43

What is the difference between felony and misdemeanor?

Answer 43

Felony is serious crime 1+ years, misdemeanor is less serious crime and less than 1 year

Question 44

What is it called when you need to know doing a crime is wrong?

Answer 44

Actus Reus

Question 45

What is it called when a defendant was forced to commit a crime?

Answer 45

Volunteer Act

Question 46

What is entrapment?

Answer 46

When government induces defendant to break the law

Question 47

What is a warrant?

Answer 47

The right to conduct legal search and suizures

Question 48

When can an officer bypass 4th amendment?

Answer 48

plain view, consent, emergencies, automobiles, stop and frisk, lawful arrest

Question 49

What is larceny?

Answer 49

left of property without force

Question 50

What is the deception of another person for the purpose of obtaining money or property called?

Answer 50

fraud

Question 51

What is the use of fire or explosives to damage property?

Answer 51

arson

Question 52

What is robbery?

Answer 52

force of stealing

Question 53

What is burglary?

Answer 53

Breaking and entering

Question 54

What is it called when one is entrusted with legal possession of property and takes it?

Answer 54

embezzlement

Question 55

What is RICO and what is needed to prosecute?

Answer 55

Prohibits using two or more racketeering acts to accomplish investing in businesses, acquiring business,and operating businesses