Practice Quiz #1 (1-8)

Question 1

In a civil trial, the plaintiff must show that the defendant is guilty beyond a reasonable doubt. True or false?

Answer 1

False. It’s the preponderance of the evidence (51%)

Question 2

The law is constantly changing in an effort to meet the Volvo needs of society. True or false?

Answer 2

True

Question 3

The Supreme Court of the United States ultimately decide the constitutionality of any law. True or false?

Answer 3

True

Question 4

Enhanced Goodwill due to corporate involvement in social causes often means stronger profits in the long run. True or false?

Answer 4

True

Question 5

Federal supremacy means that federal law takes precedence over conflicting state laws. True or false?

Answer 5

True

Question 6

A corporation cannot be held criminally liable because of corporation cannot possess the requisite criminal intent. True or false?

Answer 6

False

Question 7

The purpose of tort law, unlike criminal law, is to compensate the injured party, not to punish the wrongdoer. True or false?

Answer 7

True

Question 8

A person may be assaulted even though he is not afraid for her safety. True or false?

Answer 8

False. If there is no fear, it’s just battery.

Question 9

The same conduct may constitute both a crime and a tort. True or false?

Answer 9

True

Question 10

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?

Answer 10

True

Question 11

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?

Answer 11

True

Question 12

Whether an activity is considered abnormally dangerous or not usually depends on the circumstances under which the activity is conducted. True or false?

Answer 12

True

Question 13

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?

Answer 13

False

Question 14

In a criminal trial, the prosecution must establish a guilt beyond a reasonable doubt.

Answer 14

True

Question 15

A person may use deadly force to protect herself against an attack that threatens death or serious bodily harm. True or false?

Answer 15

True

Question 16

The essential elements of a crime are mens rea and actus reus. True or false?

Answer 16

True.
Mens rea- guilty mind
Actus reus- guilty act

Question 17

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

Answer 17

Insure to all a minimum living.

Question 18

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

Answer 18

All of the above

Question 19

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

Answer 19

The main purpose of the suit is to require payment of money damages to the victim.

Question 20

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

Answer 20

The federal Constitution

Question 21

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

Answer 21

The law is strongly affected by moral concepts.

Question 22

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

Answer 22

Both a and b

Question 23

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

Answer 23

They are offenses against all of society and are punishable by a fine and/or imprisonment.

Question 24

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

Answer 24

All of the above

Question 25

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

Answer 25

A reasonable person of like age, intelligence and experience.

Question 26

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

Answer 26

An event occurred which would not normally occur in the absence of negligence.