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$100100$ $200200$200200$200200$200200$200200$200200$ $300300$300300$300300$300300$300300$300300$ $400400$400400$400400$400400$400400$400400$ $500500$500500$500500$500500$500500$500500$ $600

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

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

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

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

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

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

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

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

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

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

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

$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

$ 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

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

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

$ 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

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

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

$ 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

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

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

$ 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

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

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

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

$ An offense against an individual. ANSWER: TORT

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

$ 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

$ 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

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

$ The most common type of tort. ANSWER: NEGLIGENCE

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

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

$ 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

$ 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

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

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

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

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

$ Statements made by witnesses under oath. ANSWER: TESTIMONY

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

$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