A victim of fraud has an incentive to sue under the civil provision of the RICO act because he will get three times the amount of damages he actually suffered.
The measure of damages for conversion is the reasonable value of the property taken or damaged in the condition it was in at the time the damage occurred.
The "state of the art" defense is available to any manufacturer in a product liability suit based on strict liability.
The doctrine of res ipsa locquitur applies when an alleged tortfeasor causes damage or personal injury as a result of violating a law or ordinance.
A surgeon is held to a higher standard of care performing a surgical procedure than a general practitioner would be in performing the same procedure.
The Supreme Court has ruled warrantless electronic surveillance does not violate the 4th amendment protections against unreasonable searches and seizures.
To be liable for intentional infliction of emotional distress, a defendant must have engaged in outrageous and completely intolerable conduct by community standards.
Whether or not a CPA performed negligently in auditing a company's books is a question of fact for the jury.
At common law, a child under 7 was presumed to possess the mental capacity to form criminal intent.
The Fifth Amendment requires a grand jury indictment for any felony charge.
If a construction company damaged property while blasting, the company would be held strictly liable.
A statement is defamatory only if the speaker intended to injure the subject's reputation.
A corporation may not be held liable for the criminal acts of its employees because a corporation cannot form criminal intent.
Jared is in negotiation to hire Holly, a CPA, to audit his company's financial statements. Kevin, who used to employ Holly to audit his company's books, tells Jared Holly often violates industry standards. Jared hires someone else. Holly may successfully sue Kevin for slander per se.
The function of a grand jury is to decide whether enough evidence exists to indict a criminal suspect for a crime.
A wrongful act can be both a crime and a tort.
In those states that recognize contributory negligence as a defense, a plaintiff who was 20% responsible for his injuries can collect the other 80% from the defendant.
Andrew added a drug to a drink he gave to Brittany to "relax her". Brittany now suffers from kidney disease. Andrew has committed assault against Brittany.
Alan was convicted in a criminal trial of assaulting Ben while Ben was involved in a conversation with Charlene. If Alan testifies he wanted to injure Charlene, he will not be found liable for the assault.
Libel is written defamation while slander is oral.
Someone who operates a legal business has a complete defense to the tort of nuisance.
Where a manufacturers fails to provide adequate instructions on the use of a product, the manufacturer may be sued for product liability based on negligence.
The greater the risk in a situation, the higher the duty of care.
A corporation need not turn over its internal records in a criminal proceeding because to do so would violate the corporation's right not to incriminate itself.
Not knowing you are on the land of another person is a complete defense to charges of trespass to land.
Dr. Dan accidentally left a scalpel in Paul Patient during Paul's operation, causing Paul much pain and necessitating additional surgery. Paul's lawyer will most likely use the special doctrine of ___________ when he sues Dr. Dan for negligence.
Negligence per se
Res ipsa locquitur
Non-violent crimes based on fraud and concealment are classified as ____________ crimes.
Defendant's failure to do what a reasonable and prudent person would do in his circumstances subjects Defendant to liability for
all of the above
Which of the following could not be argued by a defendant in a product liability case based on strict liability to limit the dollar amount of the damages awarded to the plaintiff?
The product was based on a state of the art design
The manufacturer exercised all reasonable care in the manufacture of the product
The user was not in privity of contract with the manufacturer
All of the above can be pled to reduce damages
In prosecuting insider-trading cases, the government often identifies people who were given "tips" to buy or sell a certain stock from inside contacts who worked for the corporation and had access to inside or confidential information. Both the tipper and the tippee have criminal liability. The government may promise not to prosecute the tippee if the tippee testifies against the tipper at trial. This is an example of
immunity from prosecution
entrapment by the government
strict liability on the part of the tipper
Seeking to overthrow the government by force of arms is the crime of
it is not a crime, but political expression protected by the First Amendment
Frank bought a diamond ring for his girlfriend from Bill. Bill told Frank he had given the ring to his fiancee, who returned it when she broke off the engagement. In fact, Bill had stolen the ring at a party. Frank had no reason to know or suspect the ring was stolen. What is Frank's liability in these circumstances?
Frank has committed embezzlement
Frank has committed conspiracy
Frank has committed conversion
Frank has committed no torts or crimes because he had no knowledge the ring was stolen
Which of the following statements is true about the use of the reasonable person standard in negligence cases?
The reasonable person is presumed to have a minimal level of knowledge and common sense
The reasonable person of the standard takes on the physical characteristics of the defendant
The standard of care for the reasonable person would be less stringent in emergency situations
All of the above are true
Big 60s British Rock Star had a contract to perform at Shady Pines Retirement Home, where many of his fans now lived. Sunnydale Retirement Village, a business rival, convinced Rock Star to breach his contract with Shady Pines and perform for them instead on that day. Sunnydale offered him more money and promised to pay for any liability he might have to Shady Pines. Shady Pines can sue Sunnydale for
breach of contract
interference with a contractual relationship
For crimes that are serious felonies, the government gives the defendant notice of the charges against him in a(n)
true bill of indictment
no true bill of indictment
Owen, the owner of Owen's Bar and Grill, repeatedly warns his bartenders to check IDs and to be on the lookout for fake IDs. Police officers caught Bartender serving alcohol to a minor. Owen will be held criminally liable, despite his many warnings, under the doctrine of
The damages awarded to a victim to make the victim "whole" are _____________ damages.
In most states, children under the age of ___________ cannot be held liable for negligence.
Ira signs Jill's name to the back of a check made out to her without Jill's authorization. Ira's act is
An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Amusement Park fails to maintain its equipment as required. Kathy, a patron, is injured as a result. Jack's has committed
a dram shop act
a Good Samaritan act
negligence per se
res ipsa locquitur
Fred files a suit against Gail for conversion of property Fred asserts he owns. Gail will not be liable if she can show
Fred does not intend to use the property
Fred has no ownership interest in the property
Gail has no ownership interest in the property
Gail intended to return the property
Ann is the head of the account payable department in a large corporation. She set up a bank account in the name of a fictitious supplier and deposits a check in it every month. She is the owner of the account. Because Ann is an employee entrusted with making out checks for her employer, she has committed the crime of
Betty owns a large farm in Ohio. Dan drives his SUV off a highway and onto Betty's land. Dan commits trespass to land only if he
does not have Betty's permission to drive onto the property
drives onto the property for recreational purposes
harms the property in a material way
harms the property in any way
Leo hears Mona falsely accuse Nick of stealing from their employer. The statement is defamatory
because a third party heard it
only if Nick suffers emotional distress
only if the statement is also published in the media
only if the statement was made in annoying manner
Holly is granted immunity after she agrees to testify about a crime. Holly has an absolute privilege agains self-incrimination and
can be prosecuted only for the crime about which she agreed to testify
cannot be prosecuted for any crime
cannot refuse to testify on Fifth Amendment grounds
can refuse to testify on Fifth Amendment grounds
Harry, a securities trader, is arrested in his employer's parking lot on suspicion of insider trading. Harry must be informed of his right
to trial by jury
to remain silent
to question witnesses
to challenge his punishment
Cathy causes a disturbance at Diners Cafe. She is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by imprisonment up to
Another term for strict liability is
liability without fault
The purpose of bail is to
insure the defendant shows up for trial
compensate victims of crimes
restrict the physical activities of the defendant before trial
all of the above are purposes of bail
Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging the detention was false imprisonment. Ron is liable if Tina
did not actually shoplift
had not shoplifted in the past
had probable cause to leave the premises
was detained for an unreasonably long time