Practice Quiz #1 (1-8) Flashcards
In a civil trial, the plaintiff must show that the defendant is guilty beyond a reasonable doubt. True or false?
False. It’s the preponderance of the evidence (51%)
The law is constantly changing in an effort to meet the Volvo needs of society. True or false?
True
The Supreme Court of the United States ultimately decide the constitutionality of any law. True or false?
True
Enhanced Goodwill due to corporate involvement in social causes often means stronger profits in the long run. True or false?
True
Federal supremacy means that federal law takes precedence over conflicting state laws. True or false?
True
A corporation cannot be held criminally liable because of corporation cannot possess the requisite criminal intent. True or false?
False
The purpose of tort law, unlike criminal law, is to compensate the injured party, not to punish the wrongdoer. True or false?
True
A person may be assaulted even though he is not afraid for her safety. True or false?
False. If there is no fear, it’s just battery.
The same conduct may constitute both a crime and a tort. True or false?
True
Harold Homeowner signs a consent form to allow Dr. Bright to perform surgery on his left knee. Through a mixup, Dr. Bright operates on Harold’s right elbow. Dr. Bright has committed the tort of battery. True or false?
True
It is possible to be liable for injuries caused to another even though you have use reasonable care to prevent those injuries. True or false?
True
Whether an activity is considered abnormally dangerous or not usually depends on the circumstances under which the activity is conducted. True or false?
True
A person living on property a joining land later designated a blasting one for a new highway has assumed the risk of harm and may not recover for damages if he fails to move away. True or false?
False
In a criminal trial, the prosecution must establish a guilt beyond a reasonable doubt.
True
A person may use deadly force to protect herself against an attack that threatens death or serious bodily harm. True or false?
True
The essential elements of a crime are mens rea and actus reus. True or false?
True.
Mens rea- guilty mind
Actus reus- guilty act
Which of the following is NOT a primary function of law?
- Maintain stability in the social, political and economic system
- Protect ownership of private property
- Insure to all a minimum living
- Preservation of the state
Insure to all a minimum living.
While the principle of stare decisis provides that courts will follow their precedents in making subsequent
decisions, nevertheless a court may decline to follow its precedents:
- To correct an erroneous decision
- To choose among conflicting precedents
- In recognition of the fact that the needs of society change over time
- All of the above
All of the above
Which of the following is NOT true of an action brought under criminal law?
- It involves a wrongful act
- Criminal guilt must be proven beyond a reasonable doubt
- It must be brought by the government
- The main purpose of the suit is to require payment of money damages to the victim
The main purpose of the suit is to require payment of money damages to the victim.
The highest source of law in the United States is
- An executive order of the President
- An interstate compact
- The federal Constitution
- The state constitutions
The federal Constitution
Which of the following statements is correct?
- Law and morality are the same
- If something is legal, it is moral
- The law is strongly affected by moral concepts
The law is strongly affected by moral concepts.
Generally, a crime consists of which of the following?
- A wrongful or overt act
- The requisite criminal intent
- Both a and b
- None of the above
Both a and b
How are crimes distinguished from other forms of unlawful conduct?
- They are prosecuted by the victims
- They result in payment of damages to the victim
- They are offenses against all of society and are punishable by a fine and/or imprisonment
- all of the above
They are offenses against all of society and are punishable by a fine and/or imprisonment.
Which of the following is NOT required in the commission of an intentional tort?
- A duty owed
- A breach of the duty
- Injury or damage to another
- all of the above
All of the above
The standard of care applicable to a child is that of:
- The reasonable person
- A reasonable person who is incapable of exercising the judgment of an adult
- A reasonable person of like age, intelligence and experience
- A reasonable person who has a mental disability
A reasonable person of like age, intelligence and experience.
A plaintiff who sues under res ipsa loquitur must show that
- An event occurred which would not normally occur in the absence of negligence
- The defendant intended to cause the harm suffered by the plaintiff
- Other possible causes have been eliminated by the evidence
- None of the above
An event occurred which would not normally occur in the absence of negligence.
