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Tort and Crime
Review Questions
Question | Answer |
---|---|
What is tort? | A civil wrong that interferes with one's property or person. |
Three types of tort? | Intentional, Negligence and Strict Liability |
What is Intentional torts? | When wrongdoers engage in intentional conduct. |
What is Negligence? | Failure to exercise due care. |
What is Strict liability? | Absolute liability due to inherent danger of the activity, regardless of intent. |
What is assault? | Threatening a person with imminent harm. |
What is battery? | The wrongful touching of another person without their consent. |
Two forms of defamation? | Slander and Libel |
What is Slander? | Spoken words |
When a newspaper produces reports on a person using inaccurate information, what is that called ? | Libel |
Elements of negligence? | Duty to exercise reasonable care Breach of duty Causation Damages |
Defenses to Negligence? | Contributory Comparative Assumption of the risk Immunity |
Contributory negligence is the____________ | plaintiff's negligence is a complete bar to recovery of damages from the defendant. |
What is it called when a negligent plaintiff to entitled to damage recovery? | Comparative negligence |
In what instance can strict liability be mostly imposed? | Product liability |
What is Crime? | a conduct that is prohibited and punished by a government. |
How many years is Misdemeanors punishable by? | less than one year in prison |
How many years is Felonies punishable by? | more than one year in prison |
True or False: Does Money Laundering Control Act allows knowingly participating in a financial transaction to conceal the source of the funds? | False |
What is the purpose of the Racketeer Influenced and Corrupt Organizations Act_____________ | Prevent those involved in organize crime from investing money obtained through racketeering in legitimate businesses. |
Define Bribery____________ | the act of giving money, property or a benefit to a person to influence their judgment. |
True or False: Is it perjury if a defendant lies under oath? | True |
A computer crime requires that | a person have some knowledge of the operation of a computer. |
Types of common law crimes | Larceny Robbery Burglary Arson |
True or False: Due process is the right to be heard, question a witness and present evidence in court | True |
What is a Miranda right? | Warnings given to those who face criminal proceedings at the time of arrest. |