State Competency Test Pg. 4-6

Question 1

Injunction

Answer 1

court order issued by a judge ordering a person to do or not do something

Question 2

Criminal Law

Answer 2

criminal law deals with misdemeanors and felonies which are defined as crimes against society

Question 3

Beyond a reasonable doubt

Answer 3

all jurors in a criminal trial must have absolutely no doubt in order to impost guilt; otherwise they must acquit

Question 4

Verdict

Answer 4

decision of the jury

Question 5

Felony

Answer 5

major crime punishable by imprisonment for a term exceeding one year or death

Question 6

Misdemeanor

Answer 6

less serious crime with a less severe penalty

Question 7

Negligence

Answer 7

failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances

Question 8

Forgery

Answer 8

the false making or changing of a writing with intent to defraud

Question 9

Embezzlement

Answer 9

the wrongful taking away of another’s property by a person who has been entrusted with that property

Question 10

Fraud

Answer 10

a deliberate deception to secure an unfair or unlawful gain

Question 11

Usury

Answer 11

charging more than the maximum legal interest rate set by the state

Question 12

Prejury

Answer 12

making false statements under oath in a court of law

Question 13

Insanity

Answer 13

a valid defense to criminal conduct when a person cannot be held responsible for their actions if they do not know what they are doing

Question 14

Self-defense

Answer 14

a valid defense to criminal conduct when a person has good reason to believe they are in in danger of serious injury or death and use force to protect themselves

Question 15

Reasonable Person Standard/Test

Answer 15

this standard/test is used to determine whether a person exercised the degree of care that a reasonable person would exercise in a similar situation

Question 16

Proximate Cause

Answer 16

something that produces a result, and without which, the result would not have occured

Question 17

Void Contract

Answer 17

a contract having no legal force or effect

Question 18

Voidable Contract

Answer 18

a contract which is not void in itself but may be voided by one of the parties if that party chooses

Question 19

Valid Contract

Answer 19

a contract which is legally binding

Question 20

Unenforceable Contract

Answer 20

a contract which is not held up by the courts because of some rule of law that cannot be enforced

Question 21

Expressed Contract

Answer 21

a contract which is stated in words and may be either oral or written

Question 22

Implied Contract

Answer 22

a contract that comes about from the action of the parties

Question 23

Bilateral Contract

Answer 23

contract that contains two promises, one person promises to do something in exchange for the other person’s promise to do something

Question 24

Unilateral Contract

Answer 24

contract that contains one promise only. A person promises to do something if and when the other person performs an act

Question 25

Offer

Answer 25

proposal by one party to another party to enter into a contract

Question 26

Acceptance

Answer 26

unqualified willingness to go along with an offer. The acceptance must not change the terms of the original offer in any way