Which of the following is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession?
a. Robbery b. Criminal fraud c. White-collar burglary d. Larceny e. Arson
- In order for a person to use the insanity defense in a criminal case, a person must prove that their mental state was so impaired that they _______. a. a. are on a medication that impairs their ability to understand their criminal actions b. could not distinguish right from wrong only c. the insanity defense is no longer allowed unless the crime is murder d. could not understand the wrongful nature of the act only e. could not understand the wrongful nature of the act AND could not distinguish right from wrong
- Of which of the following must a defendant be informed before questioning?
a. That statements made to law enforcement before arraignment may not be used against the defendant in court.
b. That the defendant has the right to consult an attorney before speaking to the police.
c. That the right to an attorney does not begin until after the defendant is arraigned.
d. That the defendant must answer questions, or there will be a presumption of guilt at trial.
e. That unless the defendant can afford an attorney, the defendant will not have an attorney.
- In the U.S. system of torts, torts are commonly classified as: a. Intentional, negligent, or strict liability. b. Intentional, negligent, strict liability, or criminal. c. Intentional, negligent, or criminal, not strict liability. d. Intentional, criminal, or strict liability, not negligent.
- You and your neighbor Hammy are arguing about trespass to realty. Which of the following situations would NOT be the tort of trespass to realty? a. When a person intentionally enters the land of another without permission. b. When a person intentionally causes an object to be placed on the land of another without the landowner’s permission. c. When a person refuses to remove something he placed on the property that the owner asked him to remove. d. When a person stays on the land of another when the owner tells him to leave. e. When a person accidentally places something on the land of another.
- Matt intends to throw a baseball at Jamal and hit Jamal in the head with the ball because he missed an easy fly ball hit to him in the field. Jamal is standing directly next to Sally in the dugout. Matt throws the baseball but hits Sally in the head instead of Jamal. What type of tort did Matt commit against Sally? a. An accidental tort because Matt struck Sally by mistake. b. The tort of negligence because Matt only intended to harm Jamal. c. No tort was committed, Jamal was Matt’s target not Sally. d. An intentional tort because even though Matt meant to hit Jamal, he still caused harm by hitting Sally. e. A strict liability tort occurred because throwing a baseball is inherently dangerous.
- A reporter receives information from several highly credible sources that a famous actress is pregnant and that the father of the baby is not her husband. The story is later proved untrue. The actress sues for defamation. Is she likely to be successful? a. Yes, automatically, because the printed story turned out to be untrue. b. No, because the reporter did not act with actual malice. c. Yes, because pregnancy is a private matter even for public figures. d. No, because the allegations would be unlikely to damage a person’s reputation. e. Yes, because the printed story would be likely to damage the reputation of the actress.
- _________________damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff. a. Nominal b. Compensatory c. Retaliatory d. Revenge e. Punitive
- __________damages are awarded to punish the defendant and to deter others from similar conduct. a. Compensatory b. Punitive c. Revenge d. Nominal e. Retaliatory
16. Which of the following is NOT a typical type of compensatory damage awarded in an automobile negligence case? a. Damages to punish the defendant for wrongdoing. b. Medical expenses. c. Pain and suffering. d. Cost to repair damaged property. e. Lost wages.
- George is riding his skateboard down the street while listening to music with earbuds in. George does not see Martha, a store owner, who is putting flowers out in front of her store. He looks up just in time and swerves to miss Martha but knocks her flower display down, shattering it to pieces. Is George liable? a. No, Martha had a duty not to be on the sidewalk. b. No, Martha was not injured. c. No, because property is not a compensable loss. d. Yes, because George had the intention of being on the sidewalk which is always a breach of his duty of care. e. Yes, Martha suffered a compensable property loss.
- A fan at a baseball stadium is hit by a baseball. Under what circumstances could the owner of the stadium be held liable for resulting injuries? a. If the owner of the stadium was aware of a chance that a ball would strike a patron and failed to cancel the game, despite the risk. b. If the baseball team was the home team and not the visiting team. c. If the stadium owner failed to fulfill its duty to provide reasonable protection because there were no barriers or other measures taken to protect game attendees from being struck by the ball. d. In all circumstances where a ball hits game attendees, regardless of any other factors. e. If the stadium owner took all cost-effective precautions but failed to take part in a multi-million dollar research effort to construct a robot to in
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