ENR 4400 Exam #2 Study Set
With Verified Answers
WHAT IS THE "BURDEN OF PROOF?" (2 POINTS) - Answer Evidence that my statement
of the case is correct
WHAT IS THE BURDEN OF PROOF IN A CIVIL CASE? (2 POINTS) - Answer
Preponderance of the evidence; "more likely than not"; 51%
WHAT IS THE BURDEN OF PROOF IN A CRIMINAL CASE? (2 POINTS) - Answer "Beyond
a reasonable doubt"; often over 99%
WHAT IS MENS REA? (2 POINTS) - Answer The intention or knowledge of wrongdoing
that constitutes part of a crime
WHAT SORT OF WORDS ARE USED IN STATUTES TO EXPRESS MENS REA IN A
CRIMINAL CASE? (2 POINTS) - Answer "A guilty mind"; "a criminal intent"; "guilt
knowledge or willfulness"
WHAT IS A TORT? (2 POINTS) - Answer A civil wrong (generally) for which a legal
remedy exists; an act that is "twisted" from normally accepted behavior
WHAT IS TORT REFORM? (2 POINTS) - Answer Implies that Tort Cases are frivolously
brought, and that the Tort system is "out of whack"
WHAT IS THE "RESTATEMENT OF TORTS" AND HOW DOES IT ASSIST JUDGES? (4
POINTS) - Answer The "restatement of torts" is a book produced by the American Legal
Institute, but together by eminent legal scholars and professors. The book produces
"Black Letter Law", which is law that is very well settled.
It serves as a persuasive authority, but it is not binding in courts.
PROPERTY LAW CONCERNS MORE THAN OWNERSHIP OF THINGS. WHAT
NON-TANGIBLE THINGS ARE ALSO CONSIDERED PROPERTY? (3 POINTS) - Answer
Aesthetic Value, Commercial Value (mcdonalds' golden arches, nike swoosh),
Intellectual value (song lyrics, books, patents)
WHAT DOES A PATENT PROTECT? (2 POINTS) - Answer Creative Ideas
WHAT IS THE DIFFERENCE BETWEEN A COPYRIGHT AND A TRADEMARK?
GIVE AN EXAMPLE OF A TRADEMARK. (2 POINTS) - Answer Copyright: Protects
creativity
(song lyrics, book, patents)
Trademark: protects commercial value
, (swoosh, face and name, golden arches)
FROM WHERE DOES CONGRESS DERIVE ITS GENERAL RIGHT TO TAX? (2 POINTS) -
Answer Spending Clause - Article 1 of Constitution
WHAT CONSTITUTIONAL AMENDMENT SANCTIONS THE INCOME TAX? (2 POINTS) -
Answer 16th amendment
LIST TWO TYPES OF TAXES THAT MIGHT BE LEVIED. (4 POINTS) - Answer Income or
sales
LIST THE 3 ELEMENTS OF A CONTRACT. (6 POINTS) - Answer 1. Offer
2. Acceptance
3. Consideration
WHAT PURPOSE DO CONTRACTS SERVE IN SOCIETY? (2 POINTS) - Answer Provide
mechanism by which society works
In market economy contracts provide means for work to get done, goods to be
distributed, and labor and production coordinated
MUST ALL CONTRACTS BE IN WRITING TO BE ENFORCEABLE? (2 POINTS) - Answer
No, but it is a good idea for contracts to be written.
Exceptions (statute of frauds, must be in writing):
- Contract to pay someone else's debt
- Contract for the sale of an interest in land
- Contract not to be performed w in 1 yr of time of making
- Contract for sale of goods over $500
WHAT IS AN "UNCONSCIONABLE CLAUSE?" (2 POINTS) - Answer A clause that is not
right or reasonable, often embedded deep in a contract, where the signee would is not
likely to notice/comprehend the clause
This is illegal, and courts will make this part of the contract void
NAME ONE CLASS OF PERSONS WHO CANNOT ENTER INTO A CONTRACT. WHY? (4
POINTS) - Answer Because a contracts involves a "meeting of the minds", the following
cannot enter into a contract:
- Children / Young (not mature)
- Those said to lack capacity to make a contract (mentally unstable)
WHAT IS THE "RULE OF LAW" DOCTRINE? (2 POINTS) - Answer - Legal principle
With Verified Answers
WHAT IS THE "BURDEN OF PROOF?" (2 POINTS) - Answer Evidence that my statement
of the case is correct
WHAT IS THE BURDEN OF PROOF IN A CIVIL CASE? (2 POINTS) - Answer
Preponderance of the evidence; "more likely than not"; 51%
WHAT IS THE BURDEN OF PROOF IN A CRIMINAL CASE? (2 POINTS) - Answer "Beyond
a reasonable doubt"; often over 99%
WHAT IS MENS REA? (2 POINTS) - Answer The intention or knowledge of wrongdoing
that constitutes part of a crime
WHAT SORT OF WORDS ARE USED IN STATUTES TO EXPRESS MENS REA IN A
CRIMINAL CASE? (2 POINTS) - Answer "A guilty mind"; "a criminal intent"; "guilt
knowledge or willfulness"
WHAT IS A TORT? (2 POINTS) - Answer A civil wrong (generally) for which a legal
remedy exists; an act that is "twisted" from normally accepted behavior
WHAT IS TORT REFORM? (2 POINTS) - Answer Implies that Tort Cases are frivolously
brought, and that the Tort system is "out of whack"
WHAT IS THE "RESTATEMENT OF TORTS" AND HOW DOES IT ASSIST JUDGES? (4
POINTS) - Answer The "restatement of torts" is a book produced by the American Legal
Institute, but together by eminent legal scholars and professors. The book produces
"Black Letter Law", which is law that is very well settled.
It serves as a persuasive authority, but it is not binding in courts.
PROPERTY LAW CONCERNS MORE THAN OWNERSHIP OF THINGS. WHAT
NON-TANGIBLE THINGS ARE ALSO CONSIDERED PROPERTY? (3 POINTS) - Answer
Aesthetic Value, Commercial Value (mcdonalds' golden arches, nike swoosh),
Intellectual value (song lyrics, books, patents)
WHAT DOES A PATENT PROTECT? (2 POINTS) - Answer Creative Ideas
WHAT IS THE DIFFERENCE BETWEEN A COPYRIGHT AND A TRADEMARK?
GIVE AN EXAMPLE OF A TRADEMARK. (2 POINTS) - Answer Copyright: Protects
creativity
(song lyrics, book, patents)
Trademark: protects commercial value
, (swoosh, face and name, golden arches)
FROM WHERE DOES CONGRESS DERIVE ITS GENERAL RIGHT TO TAX? (2 POINTS) -
Answer Spending Clause - Article 1 of Constitution
WHAT CONSTITUTIONAL AMENDMENT SANCTIONS THE INCOME TAX? (2 POINTS) -
Answer 16th amendment
LIST TWO TYPES OF TAXES THAT MIGHT BE LEVIED. (4 POINTS) - Answer Income or
sales
LIST THE 3 ELEMENTS OF A CONTRACT. (6 POINTS) - Answer 1. Offer
2. Acceptance
3. Consideration
WHAT PURPOSE DO CONTRACTS SERVE IN SOCIETY? (2 POINTS) - Answer Provide
mechanism by which society works
In market economy contracts provide means for work to get done, goods to be
distributed, and labor and production coordinated
MUST ALL CONTRACTS BE IN WRITING TO BE ENFORCEABLE? (2 POINTS) - Answer
No, but it is a good idea for contracts to be written.
Exceptions (statute of frauds, must be in writing):
- Contract to pay someone else's debt
- Contract for the sale of an interest in land
- Contract not to be performed w in 1 yr of time of making
- Contract for sale of goods over $500
WHAT IS AN "UNCONSCIONABLE CLAUSE?" (2 POINTS) - Answer A clause that is not
right or reasonable, often embedded deep in a contract, where the signee would is not
likely to notice/comprehend the clause
This is illegal, and courts will make this part of the contract void
NAME ONE CLASS OF PERSONS WHO CANNOT ENTER INTO A CONTRACT. WHY? (4
POINTS) - Answer Because a contracts involves a "meeting of the minds", the following
cannot enter into a contract:
- Children / Young (not mature)
- Those said to lack capacity to make a contract (mentally unstable)
WHAT IS THE "RULE OF LAW" DOCTRINE? (2 POINTS) - Answer - Legal principle
