©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
ENR 4400 Practice Exam 2 Questions With
Correct Answers
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.
1|Page
, ©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
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.)
What does a copyright protect? - answer✔Protects original works of authorship (literature,
photos, artwork, music, etc.)
Why does contract law prohibit (or find null and void) a contract that attempts to bind a young
child or an incompetent person? - answer✔Contracts are considered a "meeting of the minds".
Younger and incompetent people are incapable of thinking/understanding at the same level as
the person making the offer. Therefore, contracts can take advantage of children/incompetent
people because they lack the capacity to understand its implications.
To what sort of disputes does the constitution limit the judiciary? - answer✔Courts can only
hear live cases and controversies brought to the court. The plaintiff in the these cases must
have endured a harm/injury traceable to the defendant's actions and there must be some
available form of relief that can be granted by the court.
Must contracts always be in writing? - answer✔No, though there are some exceptions due to
the statute of frauds.
What are the two categories of compensatory damages? Give examples of each. -
answer✔Economic (payment for objectively verifiable monetary losses such as past/future
medical expenses, loss of property, loss of future earnings, etc.) and non-economic
(compensation for subjective losses such as pain, suffering, distress, etc.).
What are punitive damages? - answer✔Damages awarded for the purpose of punishment
What is tort reform? - answer✔Placing caps on damages to dissuade supposedly frivolous
lawsuits.
What is the rule of law doctrine? - answer✔Nobody is above the law
Public laws are between who? - answer✔Citizens and a government entity
Environmental laws were the first to do what? - answer✔Grant citizen suit provisions
2|Page
11/16/2024 10:16 AM
ENR 4400 Practice Exam 2 Questions With
Correct Answers
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.
1|Page
, ©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
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.)
What does a copyright protect? - answer✔Protects original works of authorship (literature,
photos, artwork, music, etc.)
Why does contract law prohibit (or find null and void) a contract that attempts to bind a young
child or an incompetent person? - answer✔Contracts are considered a "meeting of the minds".
Younger and incompetent people are incapable of thinking/understanding at the same level as
the person making the offer. Therefore, contracts can take advantage of children/incompetent
people because they lack the capacity to understand its implications.
To what sort of disputes does the constitution limit the judiciary? - answer✔Courts can only
hear live cases and controversies brought to the court. The plaintiff in the these cases must
have endured a harm/injury traceable to the defendant's actions and there must be some
available form of relief that can be granted by the court.
Must contracts always be in writing? - answer✔No, though there are some exceptions due to
the statute of frauds.
What are the two categories of compensatory damages? Give examples of each. -
answer✔Economic (payment for objectively verifiable monetary losses such as past/future
medical expenses, loss of property, loss of future earnings, etc.) and non-economic
(compensation for subjective losses such as pain, suffering, distress, etc.).
What are punitive damages? - answer✔Damages awarded for the purpose of punishment
What is tort reform? - answer✔Placing caps on damages to dissuade supposedly frivolous
lawsuits.
What is the rule of law doctrine? - answer✔Nobody is above the law
Public laws are between who? - answer✔Citizens and a government entity
Environmental laws were the first to do what? - answer✔Grant citizen suit provisions
2|Page
