1. Crime-Tort Jeopardy Business Related Crimes Elements of a Crime Classify Defenses Elements of a Tort Types of Torts Civil Procedure $100100$100100$100100$100100$100100$100100$100100 $200200$200200$200200$200200$200200$200200$200200 $300300$300300$300300$300300$300300$300300$300300 $400400$400400$400400$400400$400400$400400$400400 $500500$500500$500500$500500$500500$500500$500500 $600

2. $100100 Another name for a “business crime” ANSWER: WHITE COLLAR

3. $200200 A crime where a person obtains money by lying about a past or existing fact. ANSWER: FALSE PRETENSES

4. $300300 A crime where money is offered to influence the performance of an official. ANSWER: BRIBERY

5. $400400 A type of law that forbids competing price fixing. ANSWER: ANTI TRUST LAWS

6. $500500 A type of larceny where a building is entered without permission intending to commit a crime. ANSWER: BURGLARY

7. $600 An agreement between two or more persons to commit a crime. ANSWER: CONSPIRACY

8. $100100 Element that must show that the defendant intended to commit the act and to do evil. ANSWER: CRIMINAL INTENT

9. $200200 The element that prohibits a certain conduct usually defined by a statute. ANSWER: DUTY

10. $300300 Element that violates a statute. ANSWER: VIOLATION OF DUTY

11. $400400 Term used to mean “substituted” liability. ANSWER: VICARIOUS LIABILITY

12. $500500 In what situation is criminal intent not necessary to convict a person of a crime. ANSWER: WHEN AN INFRACTION HAS OCCURRED. NO JAIL TIME.

13. $600 Which type of homicide does not need to prove intent because many courts consider the conduct to be so careless, intent to do evil is ignored. ANSWER: VEHICULAR HOMICIDE

14. $100100 Crimes such as disorderly conduct and speeding are usually classified under this classification of crime (based on punishment) because the punishment is less serious and may involve confinement for less than one year. ANSWER: MISDEMEANOR

15. $200200 Parking violations and littering are examples of this type of crime classification. ANSWER: INFRACTION

16. $300300 You may be imprisoned for 2-3 years if caught lying under oath, which is called what? ANSWER: PERJURY

17. $400400 Confinement for more than a year in a state prison or by a fine of over $1000, or death is considered this type of crime classification. ANSWER: FELONY

18. $500500 In class we classified crimes by punishment and what else? ANSWER: WHOM IT WAS AGAINST

19. $600 Defendants charged with an infraction are not entitled to a trial that includes this. ANSWER: A JURY

20. $100100 A defense based upon problems with the way evidence is obtained or the way the accused is arrested, questioned, tried, or punished. ANSWER: PROCEDURAL DEFENSE

21. $200200 Name two substantive defenses. ANSWER: SELF-DEFENSE, CRIMINAL INSANITY, IMMUNITY

22. $300300 A defense that tries to disprove, justify, or excuse the alleged crime. ANSWER: SUBSTANTIVE DEFENSE

23. $400400 This is the use of force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping. ANSWER: SELF- DEFENSE

24. $500500 When the accused agrees to claim “guilty” to a less serious crime in exchange for having a more serious charge dropped. ANSWER: PLEA BARGAINING

25. $600 A witness who refuses to testify after a grant of immunity is said to be in _____. ANSWER: CONTEMPT OF COURT

26. $100100 What are the four elements of torts? ANSWER: DUTY, VIOLATION OF DUTY, INJURY, CAUSATION

27. $200200 An offense against an individual. ANSWER: TORT

28. $300300 Why would it be incorrect to say that the D.A. will prosecute a tort? ANSWER: TORTS ARE BROUGHT TO LITIGATION BY THE PLAINTIFFS.

29. $400400 There are degrees of causation. If the amount of causation is great enough to recognized by the law it is called the what? ANSWER: PROXIMATE CAUSE

30. $500500 Duties created by tort law include: the duty not to interfere with the property rights of others, the economic rights of others, and not to ___________. ANSWER: INJURE ANOTHER

31. $600 What standard defines the duty in Negligence? ANSWER: REASONABLE-PERSON STANDARD

32. $100100 The most common type of tort. ANSWER: NEGLIGENCE

33. $200200 A tort that exists even though a defendant was not negligent and did not intentionally commit the tort. ANSWER: STRICT LIABILITY

34. $300300 Name three intentional torts. ANSWER: ASSAULT, BATTERY, FALSE IMPRISONMENT, DEFAMATION, INVASION OF PRIVACY, TRESPASS TO LAND, CONVERSION, FRAUD, INTERFERENCE WITH CONTRACTUAL RELATIONS.

35. $400400 In some states,a plaintiff cannot recover for loss caused by another’s negligence if the plaintiff’s own negligence was a partial cause of the injury. This is called what? ANSWER: CONTRIBUTORY NEGLIGENCE

36. $500500 In some states, this applies when a plaintiff in a negligence action is partially at fault. The plaintiff would be awarded damages in proportion to the negligence. This is called what? ANSWER: COMPARATIVE NEGLIGENCE

37. $600 Give an example of strict liability. ANSWER: WILL VARY

38. $100100 The usual remedy for a tort is this. ANSWER: DAMAGES

39. $200200 Damages awarded as a punishment to the defendant. ANSWER: PUNITIVE DAMAGES

40. $300300 Damages that can be measured such as medical bills and loss of income. ANSWER: ACTUAL OR COMPENSATORY DAMAGES

41. $400400 Statements made by witnesses under oath. ANSWER: TESTIMONY

42. $500500 A written order by the judge commanding a witness to appear in court to give testimony. ANSWER: SUBPOENA

43. $600 If the defendant does not satisfy the judgment, the plaintiff may obtain a writ of ___________ in which the court directs that the defendant’s property by seized or sold. ANSWER: EXECUTION