Test Chapter 5-6

advertisement
Chapter 5 & 6 Tests
Crimes & Torts
Name__________________________
1._______Freedom from prosecution.
2._______Laws designed to foster business competition.
3._______Wrongful taking of another’s personal property.
4._______Lying while testifying under oath.
5._______Breach of duty to society for which punishment may be imposed.
6._______Non violent crimes committed by business persons.
7._______Agreement, usually secret, between two or more people to do an unlawful act.
8._______Crime of giving or receiving money to illegally influence a governmental
action.
9._______Making or materially altering a writing, with intent to defraud.
10.______Serious crime punishable by imprisonment in a state prison for more than one
year or by execution.
11.______Less serious crime punishable by imprisonment in a county prison for less than
one year, or fine, or both.
12.______Taking property by force from a person or in the presence of another.
13.______The natural and forseeable cause of an injury.
14.______Responsibilty of one person for the torts of another.
15.______Harmful or offensive personal touching without consent or legal justification.
16.______Compensation for injury.
17.______Plaintiff’s failure to exercise reasonable care to avoid injury, which bars
recovery of any damages.
18.______Failure to exercise reasonable care or failure of the ‘reasonable man standard’.
19.______Compensation to make an example out of someone.
20.______To arrange for a lesser charge in return for a guilty pleading.
21.Assault consists of
A. Placing another in fear of harmful or offensive touching.
B. Threat of offensive touching.
C. Ability to carry out a threat.
D. All of the above
22.Torts involve
A.
B.
C.
D.
defamation
selling drugs
conspiracy
none of these.
23.Crimes are wrongs
A. against society
B. against an individual
C. against pets
D. for which punishment is provided
E. a & d
24.Punishment for crimes could include
A. imprisonment
B. fines
C. probation
D. all of these
25.Lloyd borrowed $100 from Merritt and failed to pay it when due. This is a
A. felony
B. misdemeanor
C. tort
D. none of these
26.Jackson while on his way home from work was 10 MPH over the speed limit, lost
control of his vehicle and hit another. He was intoxicated also. This involves a
A. crime
B. tort
C. neither a nor b
D. both a and b
27.Defaming someone’s product is called
A. demurring
B. disparagement
C. affraying
D. plea bargaining
28.Which is not a white collar crime?
A. embezzlement
B. income tax evasion
C. consumer fraud
D. none of these
29.Employers being responsible for their employees relates to
A. product liability
B. vicarious liability
C. strict liability
D. all of these
30.Crimes and torts are similar in that
A. they are wrongs against an individual
B. they are violations of duties
C. they are wrongs against us all
D. none of these
E. all of these
Essays:
1. What are the rights of a person who is arrested?(25pts)
2. Describe and define 5 defenses to criminal charges(10 pts)
3. In your opinion should any killer be given parole or should it be an automatic death
sentence for such individuals. Consider if a convicted individual were one of your family
members—does it matter? Should the state try to rehabilitate these individuals
psychologically? How would you react to meeting one of these individuals on the street
if they were on parole and released back into society?(15 pts)
4.
What is the difference between contributory negligence and comparative
negligence?(Bonus 5 points)
5. What are the 3 elements of every crime.
Terms for 5 & 6
Antitrust laws, arson, bribery, burglary, conspiracy, contempt of court, crime, criminal
act, criminal battery, criminal insanity, criminal intent, defense embezzlement, extortion,
false pretenses, felony, forgery, immunity, infraction, larceny, misdemeanor, perjury,
plea bargaining, procedural defenses, punishment, receiving stolen property, robbery,
self-defense, substantive defenses, vicarious criminal liability, white collar crimes.
Assault, assumption of the risk, battery, comparative negligence, contributory negligence,
conversion, damages, defamation, false imprisonment, fraud, intentional torts,
interference with contractual relations, invasion of privacy, libel, negligence, proximate
cause, punitive(exemplary) damages, reasonable-man standard, slander, strict liability,
tort, trespass, vicarious liability.
Download