Definitions

Question 1

Uniform Commercial Code

Answer 1

is a uniform statute that governs commerical transaction, including sales of goods, secured transaction or negotiable instruments

Question 2

The Corpus Delicti

Answer 2

the facts of the transgression, actus rea

transgression means wrong doing

Question 3

Privity of Contract

Answer 3

a relationship between two parties, allowing them to sue each other but preventing a third party from doing so

Question 4

Misdemenaor

Answer 4

is a crime that is less than a felony and is usually punishable by fine, penalty, forfeiture, confinement to a place other than state prison (such as county jail)

Question 5

Felony

Answer 5

in most states, a felony is a crime that is punishable by death or sentenced to more than one year or more, even though the sentence imposed is less than one year. However, in some states, a crime is a felony if the sentence is served in a state prison, as opposed to a county jail.

Question 6

Malum Prohibitum

Answer 6

is an act that is prohibited by statute although the act itself is not necessarily immoral.

Ex: jaywalking

Question 7

Malum in se

Answer 7

is a crime or an act that in inherently immoral, such as murder, arson, or rape

Question 8

Contract

Answer 8

is a documented agreement between two or more parties where at least one of the party is obligated to perform an action

Question 9

Mens Rea

Answer 9

is a state of mind that the prosecution, to secure a conviction, must prove that a defendant had when committing a crime

Question 10

Actus Rea

Answer 10

a wrongful deed that comprises the physical component of a crime and that generally couple with mens rea to establish criminal liability

Question 11

Predominant Factor Test

Answer 11

is when both goods and services are in an agreement. This test is used to assess the primary purpose of the contract. Court may apply the UCC to the goods portion and common law to the remaining terms. This is called bifurcating.

Question 12

Merchant

Answer 12

Under the UCC, a merchant is one who deals regularly in the kind of goods involved in the contract, or one who holds himself out as having the special knowledge or skill in the practice or goods involved in the contract. Merchant owe a duty of reasonable commercial standard of fair dealing

Question 13

Battery

Answer 13

is an intentional, harm or offensive touching of another

Question 14

Assault

Answer 14

is an intentional threatening of another with battery and the creating of a reasonable apprehension of immediate bodily harm in a victim.

Question 15

False Imprisonment

Answer 15

is the restraint of a person in a bounded area without legal authority, justification, or consent

Question 16

Intentional Infliction of Emotional Distress

Answer 16

is the tort of intentionally or recklessly causing another sever emotional distress through one’s extreme or outrageous acts.

Question 17

Trespass to land

Answer 17

Trespass to land is an intentional entry upon real property in possession of another.

Question 18

Conduct crime

Answer 18

Which punishes a defendant for engaging in a conduct (trespassing)

Question 19

Result crime

Answer 19

Punishes a defendant for causing a particular result.