Reference no: EM131121976

Each question is worth 2 points, for a total of 100 points.

True / False

1. Statutory law is created by legislatures.

2. A trial court is also known as a court of appellate jurisdiction.

3. Subject matter jurisdiction is a court's power over the parties in a case.

4. The state court intermediate court of appeal in Wisconsin is the 7th Circuit Court of Appeals.

5. The burden of proof in a civil case is beyond a reasonable doubt.

6. In the case of a strict liability crime, the prosecutor does not have to prove that the defendant had a guilty mind (or criminal intent).

7.Battery is a crime, but not a tort.

8.Fraud is a crime, but not a tort.

9. Insider trading is a type of securities fraud.

10. A felony is punishable by less than one year in jail.

11. The 6th Amendment protects criminal defendants from unlawful searches and seizures.

12. The tort of assault requires the proof of an intentional, unwanted or reasonably offensive bodily contact.

13. Punitive damages are designed primarily to compensate the victim of a tort for the harm caused by the person who committed the tort.

14. To prove a negligence case, the plaintiff must show that the defendant breached his duty of care.

15. Negligence torts require a mens rea.

16. Assumption of the risk cannot be used as a defense in a negligence case.

17. The concept of strict liability can be relevant in both criminal and tort cases.

18.Silence can generally be used indicate the acceptance necessary to form a contract

19. Past consideration or a pre-existing duty are generally not sufficient consideration to create a binding contract.

20.As a general rule, contracts entered into by persons who lack legal capacity are voidable.

21. Minors cannot be held liable for the reasonable value of "necessaries" they receive because the contracts they enter into are voidable.

22. A mutual mistake of fact can serve as grounds to rescind a contract.

23. Fraudulent misrepresentation can be considered a crime, a tort, or a reason for rescinding an otherwise valid contract.

Matching: Match the word or phrase with its definition. You will NOT use all of the lettered definitions.

24. De novo _____
25. Standing _____
26. Actus reus _____
27. Arbitration _____
28. Service of Process _____
29. Indictment _____
30.Mens rea _____
31. Clearly erroneous _____
32.Tortfeasor _____
33.Actual cause _____
34. Mailbox rule _____
35. Reasonable person standard _____
36. Comparative negligence _____
36. Proximate cause _____
37.Consideration _____

A. The "guilty act" element of a crime.

B.A bargained-for exchange.

C. A determination that the defendant's breach of duty resulted directly the plaintiff's harm.

D. Findings of fact made by a trial court are reviewed under this standard.

E. A type of ADR involving a neutral third party decision-maker.

F. The extent to which the defendant in a negligence case may be held responsible for his actions based upon the foreseeability of the plaintiff's damages.

G. Conclusions of law made by a trial court are reviewed under this standard.

H. The defendant in a negligence case.

I.Used to determine the timing of contractual acceptance.

J. The legal right to bring an action in court.

K. The "guilty mind" element of a crime.

L. Used as a defense to negligence by the defendant to shift responsibility to the plaintiff.

M. The measure by which the actions of a defendant in a negligence case are judged.

N. The process of bringing a written accusation (charges) against a criminal defendant.

O. The process of delivering a copy of the summons and complaint to the defendant in a lawsuit.

P. The way in which a reasonable person treats you during contract negotiations.

Q. Used as a defense to a crime by the defendant to evade prosecution by blaming others for the defendant's actions.

Short Answer. Complete the sentence.

38. The three threshold requirements that must be met before a case makes it to court are _______________, _______________, and _______________.

39. The elements of most crimes include both a _______________ and a _______________.

40. The elements of a negligence tort are: _______________, _______________, _______________, _______________, and _______________.

41. The three main elements of a contract are: _______________, _______________, and _______________.

42. The sub-elements of _______________ , _______________ and _______________ make up the element of a contractual offer.

43. Contracts that must be in writing in order to be valid include contracts for _______________ , contracts for _______________, and contracts _______________.

44. The requirements of writing sufficient to satisfy the Statute of Frauds under common law are: _______________ , _______________, _______________ , _______________, and _______________.