BUL 3130 Midterm Exam Questions
and Answers All Correct
Which parties in the chain of distribution are potentially liable under strict liability -
Answer-all in the chain of distribution are liable.
What test do the courts apply when determining the adequacy of a product's design? -
Answer-risk-utility analysis
What is the significance of a "defect" in a products liability case based on strict liability?
- Answer-a required element is proof of a defect
What are the most common types of defects in product liability? - Answer-1)
manufacture
2)design
3)failure to warn
4) packaging
Is the manufacturer liable whenever a product is misused? - Answer-No
What are commonly recognized defenses in product liability? - Answer-Generally known
danger, abnormal misuse of a product, and supervening event.
What is the primary source of criminal law? - Answer-Statutes
In a criminal lawsuit, who is the plaintiff? - Answer-The government
What is "mens rea" - Answer-Criminal intent
What is a "hung" jury? - Answer-A jury that cannot come to an unanimous decision
about defendant's guilt
What is burden of proof in a civil case? In a criminal case - Answer-civil case - plaintiff
criminal case - government
After a criminal trial who can appeal the verdict? - Answer-Defendant
What is embesslement - Answer-fraudulent conversion of property by a person to whom
that property was entrusted.
,Can someone who attempts to complete a crime be convicted of a crime even if they
are unsuccessful in carrying out the original intent? - Answer-yes
What is Fifth Amendment privilege against self-incrimination? Is it applied equally to
natural persons and corporations and partnerships? - Answer-No person shall be
compelled in any criminal case to be a witness against himself; Protects only natural
persons accused
What functions is imprisonment intended to serve? - Answer--incapacitate the criminal
-provide a means to rehabilitate
-deter others
-inhibit personal retribution by the victim
When can imprisonment be imposed? - Answer-after defendant is found guilty
How are crimes like such as illegal parking and jaywalking categorized? - Answer-
violations
What are the two general elements required in order to prove guilt of a crime (of the
defendant)? - Answer-criminal act and criminal intent
what is a non-intent crime? - Answer-A crime that impose criminal liability without find a
mens rea (intent).
Non-intent crimes are often imposed for reckless or grossly negligent conduct that
causes injury to another person.
What are the major steps in a criminal trial, from arrest to conviction? - Answer-arrest,
booking, indictment or information statement, grand jury or judge, arraignment, enter of
plea of guilty, not guilty or nolo contendere, plea bargain, conviction
What crimes are considered business or white-collar crimes? - Answer-forgery,
embezzlement, bribery, extortion, criminal fraud, mail fraud, wire fraud, money
laundering, criminal conspiracy.
What is the Racketeer Influenced and Corrupt Organizations Act (RICO) - Answer-A
federal act that provides for both criminal and civil penalties for racketeering.
Who is protected under the 4th Amendment? What are they protected from? - Answer-
Persons and corporations from overzealous investigative activities by the government.
Definition of the "law" - Answer-That which must be obeyed and followed by citizens,
subject to sanctions or legal consequences; a body of rules of action or conduct
prescribed by controlling authority and having binding legal force.
General functions of the law include: - Answer-Keeping the peace
, Shaping moral standards
Promoting Social Justice
Maintaining the Status Quo
Facilitating orderly change
Facilitating Planning
Providing a basis for compromise
Maximizing Individual freedom
The US legal system is one of the most comprehensive fair and socialistic systems of
law ever developed and enforced. - Answer-False
The US system of the law evolves and changes alone with the norms of society,
technology and the growth and expansion of ________ in the US and the world. -
Answer-Commerce
Expansion of commerce can cause new laws to emerge
Plessy v. Ferguson - Answer-Court case that was overturned in the case of Brown v.
Board of Education.
The case of Brown vs. Board of Education dealt with ________ - Answer-Separate but
equal educational opportunities.
English common law was law developed by judges who issued their opinions when
deciding cases. - Answer-True
Federal Statutes are the supreme law of the land - Answer-False
Constitution of the United States of America - Answer-The supreme law of the land.
Executive orders are passed by the state and federal legislatures. - Answer-False
Executive orders are passed by the executive branch
The doctrine of stare decisis - Answer-Is based on common law tradition, works with
case law decided by judges, creates consistency through the use of precedents.
The concept of flexibility in the law - Answer-U.S. law evolves and changes along with
the norms of society, technology, and the growth and expansion of commerce in the
United States and the world.
Valid federal laws take precedence over any conflicting state or local laws. - Answer-
True
Federal pre-emption doctrine
and Answers All Correct
Which parties in the chain of distribution are potentially liable under strict liability -
Answer-all in the chain of distribution are liable.
What test do the courts apply when determining the adequacy of a product's design? -
Answer-risk-utility analysis
What is the significance of a "defect" in a products liability case based on strict liability?
- Answer-a required element is proof of a defect
What are the most common types of defects in product liability? - Answer-1)
manufacture
2)design
3)failure to warn
4) packaging
Is the manufacturer liable whenever a product is misused? - Answer-No
What are commonly recognized defenses in product liability? - Answer-Generally known
danger, abnormal misuse of a product, and supervening event.
What is the primary source of criminal law? - Answer-Statutes
In a criminal lawsuit, who is the plaintiff? - Answer-The government
What is "mens rea" - Answer-Criminal intent
What is a "hung" jury? - Answer-A jury that cannot come to an unanimous decision
about defendant's guilt
What is burden of proof in a civil case? In a criminal case - Answer-civil case - plaintiff
criminal case - government
After a criminal trial who can appeal the verdict? - Answer-Defendant
What is embesslement - Answer-fraudulent conversion of property by a person to whom
that property was entrusted.
,Can someone who attempts to complete a crime be convicted of a crime even if they
are unsuccessful in carrying out the original intent? - Answer-yes
What is Fifth Amendment privilege against self-incrimination? Is it applied equally to
natural persons and corporations and partnerships? - Answer-No person shall be
compelled in any criminal case to be a witness against himself; Protects only natural
persons accused
What functions is imprisonment intended to serve? - Answer--incapacitate the criminal
-provide a means to rehabilitate
-deter others
-inhibit personal retribution by the victim
When can imprisonment be imposed? - Answer-after defendant is found guilty
How are crimes like such as illegal parking and jaywalking categorized? - Answer-
violations
What are the two general elements required in order to prove guilt of a crime (of the
defendant)? - Answer-criminal act and criminal intent
what is a non-intent crime? - Answer-A crime that impose criminal liability without find a
mens rea (intent).
Non-intent crimes are often imposed for reckless or grossly negligent conduct that
causes injury to another person.
What are the major steps in a criminal trial, from arrest to conviction? - Answer-arrest,
booking, indictment or information statement, grand jury or judge, arraignment, enter of
plea of guilty, not guilty or nolo contendere, plea bargain, conviction
What crimes are considered business or white-collar crimes? - Answer-forgery,
embezzlement, bribery, extortion, criminal fraud, mail fraud, wire fraud, money
laundering, criminal conspiracy.
What is the Racketeer Influenced and Corrupt Organizations Act (RICO) - Answer-A
federal act that provides for both criminal and civil penalties for racketeering.
Who is protected under the 4th Amendment? What are they protected from? - Answer-
Persons and corporations from overzealous investigative activities by the government.
Definition of the "law" - Answer-That which must be obeyed and followed by citizens,
subject to sanctions or legal consequences; a body of rules of action or conduct
prescribed by controlling authority and having binding legal force.
General functions of the law include: - Answer-Keeping the peace
, Shaping moral standards
Promoting Social Justice
Maintaining the Status Quo
Facilitating orderly change
Facilitating Planning
Providing a basis for compromise
Maximizing Individual freedom
The US legal system is one of the most comprehensive fair and socialistic systems of
law ever developed and enforced. - Answer-False
The US system of the law evolves and changes alone with the norms of society,
technology and the growth and expansion of ________ in the US and the world. -
Answer-Commerce
Expansion of commerce can cause new laws to emerge
Plessy v. Ferguson - Answer-Court case that was overturned in the case of Brown v.
Board of Education.
The case of Brown vs. Board of Education dealt with ________ - Answer-Separate but
equal educational opportunities.
English common law was law developed by judges who issued their opinions when
deciding cases. - Answer-True
Federal Statutes are the supreme law of the land - Answer-False
Constitution of the United States of America - Answer-The supreme law of the land.
Executive orders are passed by the state and federal legislatures. - Answer-False
Executive orders are passed by the executive branch
The doctrine of stare decisis - Answer-Is based on common law tradition, works with
case law decided by judges, creates consistency through the use of precedents.
The concept of flexibility in the law - Answer-U.S. law evolves and changes along with
the norms of society, technology, and the growth and expansion of commerce in the
United States and the world.
Valid federal laws take precedence over any conflicting state or local laws. - Answer-
True
Federal pre-emption doctrine
