ENR 4400 Exam 2 Questions And
Complete Answers
civil - Answer actions brought to enforce, redress, or protect private rights; all actions
other than criminal; law can be brought by private parties or the government
crime - Answer considered an offense against government or society; law can only be
prosecuted by the government
mens rea - Answer state of mind; a criminal intent; guilty knowledge or willfulness
felony - Answer A crime of a more serious nature than a misdemeanor, usually
punishable by imprisonment in a penitentiary for more than a year and/or substantial
fines; classified as such by statue
misdemeanor - Answer punishable by fine or imprisonment, not in a penitentiary
burden of proof - Answer concept in law of evidence that requires that one introduce
evidence to prove facts at issue in a particular lawsuit to avoid a ruling against them;
amount of evidence that is needed to prove/defend a case
civil standard - Answer preponderance of the evidence; the evidence demonstrates that
the proposition is more likely true than not true (51%)
criminal standard - Answer beyond a reasonable doubt
tort law - Answer law that deals with harm to a person or a person's property; civil
wrong (other than breach of contract) from which injury occurs to another (assault,
battery, false imprisonment, theft, negligence, etc.)
negligence tort - Answer existence of legal duty from defendant to plaintiff, breach of
that duty, then damage as a proximate result; when a person commits a tort because
they don't act carefully enough
intentional tort - Answer when a person commits a tort on purpose; nuisance, trespass,
false imprisonment
comparative negligence - Answer a theory in tort law under which the liability for
injuries resulting from negligent acts is shared by all parties who were negligent
(including the injured party), on the basis of each person's proportionate negligence
bundle of rights for property law - Answer establishing whether the right exists,
establishing whether the rights have been violated, establishing a remedy, analyzing
how the different rights interact with each other
intangible property - Answer property recognized by law even though it has no physical
, existence
intellectual property - Answer an intangible property, such as an expressed idea or
concept, that has commercial value; trademark, patents, copyright
trademark - Answer the exclusive right to use a brand or part of a brand; has
commercial value
patents - Answer exclusive right to use, license or sell an invention; original creation
copyright - Answer protects the expression of ideas rather than ideas themselves;
books, lyrics, photographs, songs; original creations
contract law - Answer provide a mechanism by which society works; in a market
economy, they provide a means for work to get done, goods to be distributed, and labor
and production coordination; almost entirely civil cases of action
contract must be in writing to be enforceable (generally not) in these circumstances -
Answer contract to pay someone else's debt, contract for the sale of an interest in land,
contract not to be performed within one year of time making, contract for sale of goods
over $500
breach of contract - Answer The failure, without legal excuse, of a promisor to perform
the obligations of a contract, so the other party is relieved of performing its side of the
bargain; generally, damages ordered rather than specific performance
categories of law - Answer criminal, civil, constitutional, education, healthcare,
environmental, labor and employment
Hamer v. Sidway - Answer - Uncle becomes indebted to nephew after uncle promises
nephew $5,000 if he can refrain from drinking, using tobacco, swearing and playing
cards or billiards for money until age 21
- Nephew fulfills promise to refrain
- Nephew gives the right to receive the money to receive the money to Louisa Hamer
- Uncle Dies
- Sidway, executor for the Estate of the Uncle refuses to pay Hamer
- Executor argues there was no consideration given in exchange for the promise to pay
$5,000
- Court disagrees and says the action of refraining from a legal right is consideration
U.S. v. McKittrick - Answer Defendant McKittrick shot and killed a wolf in Montana.
Defendant claimed that the federal government's importing of wolves from Canada
violated the Endangered Species Act because that Act required that imported
"experimental populations" had to be "wholly separate" from any other populations of
Complete Answers
civil - Answer actions brought to enforce, redress, or protect private rights; all actions
other than criminal; law can be brought by private parties or the government
crime - Answer considered an offense against government or society; law can only be
prosecuted by the government
mens rea - Answer state of mind; a criminal intent; guilty knowledge or willfulness
felony - Answer A crime of a more serious nature than a misdemeanor, usually
punishable by imprisonment in a penitentiary for more than a year and/or substantial
fines; classified as such by statue
misdemeanor - Answer punishable by fine or imprisonment, not in a penitentiary
burden of proof - Answer concept in law of evidence that requires that one introduce
evidence to prove facts at issue in a particular lawsuit to avoid a ruling against them;
amount of evidence that is needed to prove/defend a case
civil standard - Answer preponderance of the evidence; the evidence demonstrates that
the proposition is more likely true than not true (51%)
criminal standard - Answer beyond a reasonable doubt
tort law - Answer law that deals with harm to a person or a person's property; civil
wrong (other than breach of contract) from which injury occurs to another (assault,
battery, false imprisonment, theft, negligence, etc.)
negligence tort - Answer existence of legal duty from defendant to plaintiff, breach of
that duty, then damage as a proximate result; when a person commits a tort because
they don't act carefully enough
intentional tort - Answer when a person commits a tort on purpose; nuisance, trespass,
false imprisonment
comparative negligence - Answer a theory in tort law under which the liability for
injuries resulting from negligent acts is shared by all parties who were negligent
(including the injured party), on the basis of each person's proportionate negligence
bundle of rights for property law - Answer establishing whether the right exists,
establishing whether the rights have been violated, establishing a remedy, analyzing
how the different rights interact with each other
intangible property - Answer property recognized by law even though it has no physical
, existence
intellectual property - Answer an intangible property, such as an expressed idea or
concept, that has commercial value; trademark, patents, copyright
trademark - Answer the exclusive right to use a brand or part of a brand; has
commercial value
patents - Answer exclusive right to use, license or sell an invention; original creation
copyright - Answer protects the expression of ideas rather than ideas themselves;
books, lyrics, photographs, songs; original creations
contract law - Answer provide a mechanism by which society works; in a market
economy, they provide a means for work to get done, goods to be distributed, and labor
and production coordination; almost entirely civil cases of action
contract must be in writing to be enforceable (generally not) in these circumstances -
Answer contract to pay someone else's debt, contract for the sale of an interest in land,
contract not to be performed within one year of time making, contract for sale of goods
over $500
breach of contract - Answer The failure, without legal excuse, of a promisor to perform
the obligations of a contract, so the other party is relieved of performing its side of the
bargain; generally, damages ordered rather than specific performance
categories of law - Answer criminal, civil, constitutional, education, healthcare,
environmental, labor and employment
Hamer v. Sidway - Answer - Uncle becomes indebted to nephew after uncle promises
nephew $5,000 if he can refrain from drinking, using tobacco, swearing and playing
cards or billiards for money until age 21
- Nephew fulfills promise to refrain
- Nephew gives the right to receive the money to receive the money to Louisa Hamer
- Uncle Dies
- Sidway, executor for the Estate of the Uncle refuses to pay Hamer
- Executor argues there was no consideration given in exchange for the promise to pay
$5,000
- Court disagrees and says the action of refraining from a legal right is consideration
U.S. v. McKittrick - Answer Defendant McKittrick shot and killed a wolf in Montana.
Defendant claimed that the federal government's importing of wolves from Canada
violated the Endangered Species Act because that Act required that imported
"experimental populations" had to be "wholly separate" from any other populations of
