Exam 2

Question 1

Act of stealing entrusted goods

Answer 1

Embezzlement

Question 2

Act of stealing goods

Answer 2

Theft

Question 3

What is the difference between embezzlement and theft?

Answer 3

embezzlement has to do with ENTRUSTED goods.

Question 4

What do you need to commit a crime? (criminal intent)

Answer 4

Mens Rea

Question 5

What is RICO?

Answer 5

Racketeering Influenced and Corrupt Organizations

Question 6

What does RICO address?

Answer 6

Organized Crime Organizations (mafia, mob)

Question 7

What does RICO look for?

Answer 7

Predicate offenses

Question 8

A series of crimes that set up/lead to a larger crime.

Answer 8

Predicate offenses

Question 9

What are examples of predicate offenses?

Answer 9

bribery, fraud, theft, blackmail, extortion, money laundering, counterfeiting, illegal gambling

Question 10

Do you always need a warrant?

Answer 10

Yes (with few exceptions)

Question 11

What are the exceptions to getting a warrant?

Answer 11

Evidence in plain view or being actively destroyed

Question 12

What to use in a trial when not read Miranda Rights?

Answer 12

Use evidence, not confession/testimony

Question 13

Greatest reform of financial service law, cracks down on falsification of financial documents

Answer 13

Sarbanes Oxley (SOX)

Question 14

Prevents funding of terrorist organizations

Answer 14

Patriot Act

Question 15

Preventing law enforcement from collecting evidence or testimonies

Answer 15

Obstruction of Justice

Question 16

What is the difference between TORTS and CRIMES?

Answer 16

Torts = private wrong
Crime = public wrong

Question 17

Attorney/Client
Doctor/Patient
Leader of Church/Member of Church
Therapist/Patient
Members of Congress

Answer 17

Privileged Communication

Question 18

Past districts negligently wrote positive letters of recommendation for a principal who had multiple sexual assault violations.
A student victim’s family sued previous districts for not warning about the Principal’s behavior

Answer 18

Randi W. vs Murdoc Joint Unified School District

Question 19

Third-party knew of an existing contract between two parties, the third party interferes with the contract, original parties are injured by a breach of contract

Answer 19

Contractual Interference

Question 20

5 elements of negligence

Answer 20

Duty
Breach of Duty
Cause in Fact
Proximate Cause
Damages

Question 21

A woman waiting for a train gets blown up after two men running towards another train drop a package of fireworks that explode on the tracks.

Answer 21

Palsgraf vs Long Island Railroad

Question 22

Party knows the risk and acts on it anyways

Answer 22

Assumption of Risk

Question 23

Compares both parties in a negligence case to determine who is more negligent. Receive damages based on how negligent you are.

Answer 23

Comparative Negligence

Question 24

If you are at all negligent for the incident then you do not receive any damages.

Answer 24

Contributory Negligence

Question 25

Must prove malice or intent to harm with statement

Answer 25

Defamation

Question 26

What is the absolute defense to defamation?

Answer 26

Truth

Question 27

First environmental law to control discharge into water

Answer 27

Rivers and Harbors Law

Question 28

Protects oil discharge up to 200 miles from coast

Answer 28

Oil Pollution Act

Question 29

bothers society both public and private

Answer 29

Nuisances

Question 30

addresses everyone's air pollution

Answer 30

Clean Air Act

Question 31

Tell the EPA the problem and work with them to fix it and reduce damages

Answer 31

Self-audit with the EPA

Question 32

amendment gives right to privacy

Answer 32

4th amendment

Question 33

amendment gives right against self incrimination

Answer 33

5th amendment

Question 34

the most common form of ground pollution (metal gas canisters underground corrode over time and gas seeps into ground)

Answer 34

Gas Stations

Question 35

Judge sets bail and gives bond

Answer 35

Initial Appearance

Question 36

the severity of the crime and flight risk

Answer 36

factors determining bail

Question 37

I plead the 5th

Answer 37

invoking right against self-incrimination

Question 38

Damages awarded to the plaintiff to punish the defendant. Punish where the defendant's actions are particularly terrible.

Answer 38

Punitive Damages

Question 39

Damages awarded to the plaintiff but not punishing the defendant.

Answer 39

Compensatory Damages

Question 40

Ford knew of problem with the car, but released it anyways causing harm to customers.

Answer 40

Pinto & Ford Motors

Question 41

Ford knew of problem with the car, but released it anyways causing harm to customers.

Answer 41

Pinto & Ford Motors

Question 42

What is not defamatory?

Answer 42

posting your opinion

Question 43

What is defamatory?

Answer 43

posting an untrue "fact" with malice and intent to harm

Question 44

Liquid discharged into water ways

Answer 44

Effluent

Question 45

Damages of $25,000 per day of violations or $1,000 per barrel/unit of oil

Answer 45

Oil Pollution Act

Question 46

Must fill one out if using federal money. Explain projected impact of project on environment (pollution, endangered species, etc)

Answer 46

Environment Impact Statement (EIS)

Question 47

Cleanup of contaminated properties from ground pollution

Answer 47

CERCLA = Comprehensive Environmental Response, Compensation, and Liability Act

Question 48

3 types of environmental pollution

Answer 48

Air, water, Ground