A civil lawsuit begins when
a complaint is filed by the plaintiff
The two essential elements of almost every crime are
actus reus and mens rea
In the united states we are said to have a dual court system. What is meant by a dual court system?
a system having two courts: federal courts and state courts.
In negligence law one of the standards used to determine liability is called "comparative negligence." what is meant by this term?
the jury is authorized to compare the degree of negligence of each party, plaintiff, and defendant
Each of the following is an essential element of the tort of negligence except:
breach of contract
a generally recognized definition of "white collar crime" might be
a non-violent crime committed in a business setting
the distincition between civil law and criminal law is an important one in the American legal system. which of the following is not one of the differences
the judge and jury are different
The humorist, Mark Twain, once wrote" the departmental interpreters of the law in Washington can always be depended upon to take any reasonably good law and interpret the common sense all out of it' which branch of our government is charged with the respo
judicial
the process by which a criminal defendant and the prosecution in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval is called:
plea bargaining
in several tv ads, Hog Heaven barbecue falsely implies that no Swine before its time barbeque, a competitor, has failed health and safety exams. As a result, sales slump and no swine before its time suffers financial damage. Hog Heaven has most likel comm
libel
The powers of the federal government are said to be limited and enumerated. From what source do those powers come?
from specific grants of power delegated in Article 1 of the United states constitution
What is the source of constitution protection of commercial speech?
first amendment
Which of the following is a definition of " jurisdiction" as it relates to the court system?
the power of a court to hear a case and render a decision
John, a stock broker at Lehman Brothers, is arrested. A grand jury issues a formal charge against John for insider trading. this charge is
an indictment
At the time of his arrest John is advised of his right to counsel and his right to remain silent. John waives the right and confesses to the crime. Later, John's attorney claims that his confession should be excluded as evidence at his trial. The statemen
admitted because John made it after being advised of his right
trade dress
The image and overall appearance of a product�for example, the distinctive decor, menu, layout, and style of service of a particular restaurant. Basically, trade dress is subject to the same protection as trademarks.
Trademark
A distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces
collective mark
A mark used by members of a cooperative, association, union, or other organization to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.
patent
A government grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period.
copyright
the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.
In criminal proceedings, where evidence is obtained in violation of an accused constitutional rights, the rule that limits the use of that illegally obtained evidence is called:
exclusionary rule
What is meant by the "originalist view"?
Justices should look to the meaning of words and concepts as understood by the founding fathers
The power of a court to review the decision of a lower court is referred to as:
appellate jurisdiction
What fact can be deduced from the style of the following case; United states of America vs 2116 boxes of Boned beff, weighing appr. 154,121 pounds and 541 boxes of offal, weighing appro. 17, 732 pounds?
the case involves in rem jurisdiction
The doctrine of stare decisis is a cornerstone of American judicial practice and procedure. The doctrine of stare decisis?
...
mock trial
a focus group used to test the issues in the case, practice the arguments and presentation of evidence to see how best to do it in an actual trial
stipulation
something the parties agree to and which will require no further proof at trial.
Deposition
an opportunity to question witnesses under oath before trial
discovery
the pre-trial gathering of information and evidence from each party by the other party
Using e-mail as his means of making contact, Howard repeatedly made threats to his ex-wife, Patricia as well as posting false information about her on facebook. These actions caused Patricia to feel a reasonable fear for her safety. This is
cyber-stalking
nolo contendre
a plea to the charge of a crime that is neither a denial or a guilty plea but is an agreement not to contest the charges
Arraigment
formal appearance in court to answer to an indictment or criminal charge.
arrest
to seize and hold under the authority of the law
Entrapment
an affirmative defense to the charge of a crime claiming that the idea for the crime did not originate with the defendant but was put into the defendant's mind by a police officer or other governmental official.
Business ethics is defined as "ethics in business context, a consensus as to what constitutes right or wrong behavior in the world of business." Compliance with the law is sometimes referred to as which of the following as it relates to ethical behavior?
the moral minimum
You own a 2008 jaguar xke automobile, navy blue in color. Mayor Tomlinson also owns a 2008 Jaguar xke, but hers is dark purple
Mistake of fact and lack of men rea
The right to make a false statement about someone and not be held liable for defamation the statement was made without malice." This is a definition of what defense to the tort of defamation?
conditional privilege
Intentional Infliction of Emotional Distress
operator of crematory does not cremate bodies but lets them pile up in the woods behind the crematory until family members find out and file suit
Assualt
cashier at a liquor store gets mad at customer, pull baseball bat from behind the counter and threatens to smash it over the customer's head
Battery
chiropractor performing an adjustment on the back of a patient lets his hand stray to an area of the body other than the back
invasion of privacy
owner of a clothing store installs secret twoaway mirror so she can watch her customer's as they try on clothes
virus
a computer program that can replicate itself over a network but must be attached to another program to move through the network
worm
a computer program that can replicate itself over a network and need not be attached to another program to move through the network
trojan horse
a computer program that appear to perform a legimate function but in fact performs a malicious function that allows the sender to gain unauthorized access to the user's computer
Phishing
the attempt to acquire financial data, passwords, or other information from consumers by sending them email messages that purport to be from a legitimate business, such as a bank or credit card company.
which of the following statements is not true regarding criminal liability for corporations and officers and directors of corporations:
since corporations cannot be imprisoned, they cannot be prosecuted for crimes committed by their agents, employees, officers or directors
South African president Thabo Mbeki was recently asked by the government of Zimbabwe to assist the leadership of Zimbabwe resolve a power sharing dispute between President Robert Mugabe and two opposition parties.
mediation
in lopez v united states, then chief justice Rehnquist analyzed the history of commerce clause litigation, starting with what he described as 'first principles. Which of the following is not one of those three broad areas?
Any activity involving federalism in interstate commerce
Arrington, while robbing a drug store, shot and seriously wounded Jennings, what would be the likely outcome?
Arrington will lose because double jeopardy does not apply under these facts
The power of a governmental agency to acquire private property for public use under the "takings" clause of the 5th amendment to the United states constitution is called?
eminent domain
A reasonable inference from the available facts that the criminal suspect committed the crime is called
probable cause
After your graduation from csu
attorney client privilege and work product doctrine
How is the 's reasonable man or reasonable person standard used in negligence law?
it is used to determine if the conduct of a party met the standard of care followed by a reasonable person under the same or similar circumstances.
in corporate law, a "registered agent for service for service of process" is
the responsible corporate official authorized to receive service of legal documents whose name is registered with the secretary of state corporations division.
The difference between a counterclaim and a cross claim is that
one is a claim against another party to the litigation and the other brings in a third party