LMPT Exam 2 – Questions With Complete Solutions A+
What is a crime? Right Ans - A wrong committed against the public at large
for which criminal punishments are available.
Or
"A crime is an act, or failure to act, prohibited by law and punishable by the
government."
What is a tort? Right Ans - A civil wrong (not a contract breach) capable of
redress w/money damages or injunctions
Or
A tort is an act, or failure to act, in which the law provide a remedy for the
victim through a civil action (claim and/or lawsuit).
What does it mean to prosecute someone? Right Ans - To file and litigate a
court case charging someone with a crime
What does it mean to sue or file a suit? Right Ans - • To file a civil court
case against ....
Define the term "common law." Right Ans - Common law refers to ancient
rights, customs, and principles developed over time through the English court
system.
Are there "common laws" witching the United States? Right Ans - There are
no common law crimes in the US.
All criminal laws in the US are found in written statues (statutory laws).
Define the term "Probable Cause." Right Ans - Probable Cause or PC can be
defined as facts and circumstances that would lead a reasonable prudent
person to believe that a criminal offense has probably taken place and the
person charged with that offense probably committed it.
, What two things do most crimes consist of? Right Ans - A prohibited act
and a criminal act.
What are the two different kinds of criminal intent (state of mind) offenses?
Right Ans - General Intent offenses
And
Specific Intent offenses
In order to be convicted of a crime, how must the court prove the case and
what is the disposition? Right Ans - In order to be convicted (found guilty)
of a crime, the court must prove "beyond a reasonable doubt" that the person
committed the crime. They are either sentenced to jail or prison and will have
some sort of probation or parole.
Can a family member charge someone with a crime? Right Ans - No - The
government can only charge someone with a crime.
Note: the family could sue the individual / agency through civil court
Crime = Government v. Person
Are crimes prosecuted or sued? Right Ans - Crimes are always prosecuted.
Civil actions are always suets.
If an individual is part of a tort, are they being charged with a crime? Right
Ans - No! A tort is a civil action (think plaintiff v. defendant) and they are sued.
Private, civil wrong (Plaintiff v. defendant) Sued
Proof of preponderance of the evidence (more likely than not.)
Found Liable
Compensated (money or injunction)
The family could sue a individual or agency
If someone was found liable based on "a preponderances of the evidence"
where the charged with a crime or named in a tort (suet)? Right Ans -
Preponderance of the evidence is the burden of proof needed in tort cases.
What is a crime? Right Ans - A wrong committed against the public at large
for which criminal punishments are available.
Or
"A crime is an act, or failure to act, prohibited by law and punishable by the
government."
What is a tort? Right Ans - A civil wrong (not a contract breach) capable of
redress w/money damages or injunctions
Or
A tort is an act, or failure to act, in which the law provide a remedy for the
victim through a civil action (claim and/or lawsuit).
What does it mean to prosecute someone? Right Ans - To file and litigate a
court case charging someone with a crime
What does it mean to sue or file a suit? Right Ans - • To file a civil court
case against ....
Define the term "common law." Right Ans - Common law refers to ancient
rights, customs, and principles developed over time through the English court
system.
Are there "common laws" witching the United States? Right Ans - There are
no common law crimes in the US.
All criminal laws in the US are found in written statues (statutory laws).
Define the term "Probable Cause." Right Ans - Probable Cause or PC can be
defined as facts and circumstances that would lead a reasonable prudent
person to believe that a criminal offense has probably taken place and the
person charged with that offense probably committed it.
, What two things do most crimes consist of? Right Ans - A prohibited act
and a criminal act.
What are the two different kinds of criminal intent (state of mind) offenses?
Right Ans - General Intent offenses
And
Specific Intent offenses
In order to be convicted of a crime, how must the court prove the case and
what is the disposition? Right Ans - In order to be convicted (found guilty)
of a crime, the court must prove "beyond a reasonable doubt" that the person
committed the crime. They are either sentenced to jail or prison and will have
some sort of probation or parole.
Can a family member charge someone with a crime? Right Ans - No - The
government can only charge someone with a crime.
Note: the family could sue the individual / agency through civil court
Crime = Government v. Person
Are crimes prosecuted or sued? Right Ans - Crimes are always prosecuted.
Civil actions are always suets.
If an individual is part of a tort, are they being charged with a crime? Right
Ans - No! A tort is a civil action (think plaintiff v. defendant) and they are sued.
Private, civil wrong (Plaintiff v. defendant) Sued
Proof of preponderance of the evidence (more likely than not.)
Found Liable
Compensated (money or injunction)
The family could sue a individual or agency
If someone was found liable based on "a preponderances of the evidence"
where the charged with a crime or named in a tort (suet)? Right Ans -
Preponderance of the evidence is the burden of proof needed in tort cases.
