IS3350 CHAPTER 12

Question 1

This is a Latin term used to describe a crime; it means “guilty act” and is called ___?

Answer 1

ACTUS REUS

Question 2

A defendant’s response tot he plaintiff’s complaint is called an ___?

Answer 2

ANSWER

Question 3

The first document filed in a civil case; A plaintiff files it and it states the plaintiff’s cause of action against a defendant. This is called ___?

Answer 3

COMPLAINT

Question 4

A person’s obligation to avoid acts or omissions that can harm others is called ___?

Answer 4

DUTY OF DUE CARE

Question 5

The greater of two crimes. These are more serious than misdemeanors. The are generally punishable by more than one year in prison and are called ___?

Answer 5

FELONIES

Question 6

A series of insulting communications between Internet users. These often occur on online discussion boards and are called ___?

Answer 6

FLAMING

Question 7

A written defamation is called ___?

Answer 7

LIBEL

Question 8

This is a Latin term used to describe conduct that is inherently wrong. Literally means “evil in itself”. This term is called ___?

Answer 8

MALA IN SE

Question 9

This is a Latin term used to describe conduct that society prohibits. Literally means “wrong because it is prohibited” This term is called ___?

Answer 9

MALA PROHIBITA

Question 10

This is a Latin term used to describe the state of mind of a criminal. Literally means “guilty mind”, and is called ___?

Answer 10

MENS REA

Question 11

The lesser of two types of crimes. These are less serious than felonies. These are generally punishable by nor more than one year in prison. This is called ___?

Answer 11

MISDEMEANOR

Question 12

A courts ability to exercise poser over a defendant is called ___?

Answer 12

PERSONAL JURISDICTION

Question 13

Oral defanation is called ___?

Answer 13

SLANDER

Question 14

Unsolicited email, this is usually advertising or promotional email and is called ___?

Answer 14

SPAM

Question 15

The time period stated by law during which a plaintiff must take legal action against a wrongdoer. If a plaintiff does not take legal action within the stated time, the are forever barred from bringing that action in the future. This is called ___?

Answer 15

STATUTE OF LIMITATIONS

Question 16

The power of a court to decide certain types of cases is called ___?

Answer 16

SUBJECT MATTER JURISDICTION

Question 17

A person who commits a tort is called ___?

Answer 17

TORTFEASOR

Question 18

1. Only the federal government prosecutes felonies.

TRUE OR FALSE

Answer 18

FALSE

Question 19

2. Provide a brief definition of “crime”.

Answer 19

Crimes are

“wrong doings against society”

Question 20

3. What is MALA IN SE?
4. Conduct that a society declares is inherently wrong
5. Conduct that society prohibits
6. A person’s criminal intent
7. A criminal act
8. None of the above

Answer 20

Conduct that a society declares is inherently wrong

Question 21

4. What element(s) must a government prove to show a crime has been committed?
5. Mens rea
6. Mala prohibita
7. Actus rea
8. 1 & 2 only
9. 1 & 3 only

Answer 21

Mens rea

Actus rea

Question 22

5. What type of jurisdictional issue is a concern in a cybercrime case?
6. Original jurisdiction
7. Subject matter jurisdiction
8. Personal jurisdiction
9. Appellate jurisdiction
10. None of the above

Answer 22

Personal jurisdiction

Question 23

6. The ____ guarantees a defendant the right to a speedy trial.

Answer 23

The Sixth (6th) Amendment to the US Constitution

Question 24

7. The Computer Fraud and Abuse Act applies to any unauthorized access of a computer.
   TRUE OR FALSE

Answer 24

FALSE

Question 25

8. Which federal laws can be used to prosecute phishing scams? 1. The Computer Fraud and Abuse Act 2. The Patriot Act 3. The CAN-SPAM Act 4. All the above 5. 1 & 3 only

Answer 25

The Computer Fraud and Abuse Act The CAN-SPAM Act

Question 26

9. Cybertorts are most likely which type of tort? 1. Intentional Torts 2. Negligent torts 3. Strict liability torts 4. Crimes 5. None of the above

Answer 26

Intentional Torts

Question 27

10. To prove an intentional infliction of emotional distress tort, a plaintiff must show that the defendant's conduct is ___.

Answer 27

Extreme and outrageous

Question 28

11. Internet service providers often have tort immunity for the actions of content providers. TRUE OR FALSE

Answer 28

TRUE

Question 29

12. What is the time period during which a plaintiff must begin their lawsuit? 1. Statute of frauds 2. Statute on liability 3. Statute of limitations 4. Pleadings statute 5. None of the above

Answer 29

Statute of limitations

Question 30

13. What is a defense to a defamation case? 1. Comparative negligence 2. Contributory negligence 3. Assumption of risk 4. The truth 5. None of the above

Answer 30

The truth

Question 31

14. The two types of defamation cases are ___.

Answer 31

Libel and slander

Question 32

15. What type of document must a plaintiff file to begin a civil lawsuit? 1. Answer 2. Discovery 3. Motion for Summary judgment 4. Counter-claim 5. Complaint

Answer 32

Complaint