ENR 4400 Practice Exam 2 Study Set
Why does a prosecutor, as opposed to an attorney in private practice, try criminal
cases? - Answer Criminal cases are a crime against society rather than an individual.
What is the burden of proof? - Answer A concept in law that requires that one introduce
evidence to prove facts at issue in a particular lawsuit to avoid a ruling against him or
her.
What is the burden of proof in a civil case? - Answer More likely than not (greater than
51%)
What is the burden of proof in a criminal case? - Answer Beyond a reasonable doubt
(95% or more)
In relation to a criminal charge, what is mens rea. - Answer Mens rea means a guilty
mind. In a criminal case, you must prove that the defendant had a guilty mind
(knowingly/intentionally caused harm)
In tort (civil) law, what are the elements of a cause of action? - Answer These are the set
of facts that entitle you to a trial. In tort law, there has to be a legal duty, breach of that
duty, and injury as a result of that breach.
What three conditions must coalesce for a contract to be considered in place. - Answer
1) Somebody must make an offer
2) The other party must accept the offer
3) Some exchange of consideration must be made
In contract law, what does "failure of condition" mean? - Answer It is a breach of
contract in terms of the failure of a either a condition precedent or condition
subsequent. For example, if a contract said "but if he drinks before he turns 18, he will
not receive the money" in the case of a condition precedent and the person drank, he
breached the contract. In the case of a condition subsequent, a contract may state "he
must finish the construction before December 18th, 2016". If the person fails to due so,
they have also breached the contract by failure of condition.
In property law, what does an intellectual property right protect? - Answer Intellectual
property rights protect creations of the mind.
In property law, what does a trademark right protect? Give an example of a protected
trademark. - Answer Trademarks protect names, terms, and symbols that identify the
provider of the goods/services. Examples include the Nike swoosh, apple logo, golden
arches, etc.
What does a patent protect? - Answer It protects the process by which something is
made (how a specific type of computer is manufactured, a new mop design, etc.)
Why does a prosecutor, as opposed to an attorney in private practice, try criminal
cases? - Answer Criminal cases are a crime against society rather than an individual.
What is the burden of proof? - Answer A concept in law that requires that one introduce
evidence to prove facts at issue in a particular lawsuit to avoid a ruling against him or
her.
What is the burden of proof in a civil case? - Answer More likely than not (greater than
51%)
What is the burden of proof in a criminal case? - Answer Beyond a reasonable doubt
(95% or more)
In relation to a criminal charge, what is mens rea. - Answer Mens rea means a guilty
mind. In a criminal case, you must prove that the defendant had a guilty mind
(knowingly/intentionally caused harm)
In tort (civil) law, what are the elements of a cause of action? - Answer These are the set
of facts that entitle you to a trial. In tort law, there has to be a legal duty, breach of that
duty, and injury as a result of that breach.
What three conditions must coalesce for a contract to be considered in place. - Answer
1) Somebody must make an offer
2) The other party must accept the offer
3) Some exchange of consideration must be made
In contract law, what does "failure of condition" mean? - Answer It is a breach of
contract in terms of the failure of a either a condition precedent or condition
subsequent. For example, if a contract said "but if he drinks before he turns 18, he will
not receive the money" in the case of a condition precedent and the person drank, he
breached the contract. In the case of a condition subsequent, a contract may state "he
must finish the construction before December 18th, 2016". If the person fails to due so,
they have also breached the contract by failure of condition.
In property law, what does an intellectual property right protect? - Answer Intellectual
property rights protect creations of the mind.
In property law, what does a trademark right protect? Give an example of a protected
trademark. - Answer Trademarks protect names, terms, and symbols that identify the
provider of the goods/services. Examples include the Nike swoosh, apple logo, golden
arches, etc.
What does a patent protect? - Answer It protects the process by which something is
made (how a specific type of computer is manufactured, a new mop design, etc.)
