BUL 3130 TEST 2 QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026

BUL 3130 TEST 2 QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026 punished by one or more years in jail plus a fine of $1,000.00 or more. - Answers Felony punished by up to one year in jail and a fine up to $1,000.00. - Answers Misdemeanor criminal act - Answers Actus Reus mental intent - Answers Mens Rea under Doctrine of Fusion, are proven in evidence law then a conviction results - Answers actus reus mens rea Crimes are prosecuted by - Answers any Governmental body DO NOT have an actus reus ONLY the mens rea and are Conspiracy, Solicitation, Attempt - Answers Inchoate Crimes an offense against the peace and tranquility of society and the community in which it was committed - Answers a crime Government prosecutes - Answers all crimes NOT people the legal standard required to: 1. obtain a search or arrest warrant 2. to make an arrest if a crime was committed before an officer of the law 3. to bind someone over for trial at a preliminary hearing on the charge(s). - Answers probable cause probable cause has been reduced to - Answers reasonable suspicion an officer must have this in order to approach an individual - Answers reasonable suspicion Felonies are charged by - Answers an Indictment a formal written charge issued by a grand jury asserting that the named person has committed a crime - Answers indictment who issues the indictment - Answers grand jury Misdemeanors are charged by - Answers a document known as an Information which is compiled by a victim and the police. Three types of Please: - Answers Not Guilty Guilty Nolo Contendre known as No Contest to the charges for which someone is in Court. - Answers Nolo Contendre Proof of a crime must be proven - Answers Beyond a Reasonable Doubt. Racketeer Influenced and Corrupt Organization Act AKA - Answers RICO Act the intent was to provide an extra weapon against organized crime - Answers RICO lawyers realized that the ACT allows civil crimes to be brought by any person injured in their business by a - Answers RICO violation provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. - Answers RICO focuses specifically on racketeering, and it allows for the leaders to be tried for the crimes which they ordered others to do or assisted them, closing a perceived loophole that allowed someone who told a man to, for example, murder, to be exempt from the trial because he did not actually do it. - Answers RICO the largest body of civil law - Answers tort law Three types of torts - Answers 1. negligence 2. Intentional 3. Strict Liability (141) Negligence: in order to prove a prima facie case one must prove there was: - Answers 1. duty 2. breach of duty 3. the breach was the proximate cause 4. of the damages. There must be actual damage or - Answers there is no tort of negligence proving each "element" of the specific legal matter - Answers Prima Facie Slander - Answers 1. a false statement 2. that was published-made to another person. in tort law: to whom we compare the conduct of the defendant at the time of the negligent act. - Answers a "reasonable person" what is owed by every member of society to others-people and property and animals. - Answers Duty of Care (142 those acts that someone "intended" to occur and proof thereof is made by examining all factors that existed before, at the time of and after the incident took place - Answers Intentional Torts the result of action or inaction is transferred to the actual victim. ex: meant to hit bill but hit bob instead - Answers The Doctrine of Transferred Intent ALL crimes are torts - Answers BUT NOT all torts are crimes relates to Product Liability and provides (vicarious liability) a remedy when someone is injured by acts or omissions to act, without regard to proving fault by the one committing the act. - Answers Strict Liability only the one who is engaged in an activity can "possibly" assume a risk (not that person's relatives or next of kin) providing it can be proven that the person was told and understand each "risk" that were going to be exposed to. - Answers Assuming the Risk (147) juries are permitted to compare the levels of negligence to determine if Plaintiff was in any manner at fault for the injuries s/he sustained, and if so then reduce a verdict by the amount. - Answers Comparative Negligence requires proof of some form of physical symptom that manifested itself from the emotional trauma. - Answers Emotional Distress annot steal employees away or we will be charged with - Answers Interfering with Contractual Relations -buyer beware -it helps a seller in litigation, but does NOT permit a seller to defraud you, -the law says keep your eyes and ears open in the business world. - Answers Caveat Emptor manufacturers are liable even though they used reasonable care. - Answers Strict liability arises from a demonstration of a product, a model or a design that was intended to illustrate the product and its varied uses. - Answers Implied Warranty real property - Answers realty -referes to land, and things under or attached to land personal property - Answers personalty personalty property and realty property can be transferred back and forth - Answers -under certain circumstances ex: (attach a chandelier to your home - personalty became realty; exclude it at time of sale, it becomes personalty again) types of deeds - Answers 1. Warranty Deed 2. Quitclaim Deed (best form of Deed) -transfers realty from seller to buyer and seller warrants she has good, legal and marketable title and will defend that title for the buyer as against anyone, anywhere at any time who asserts they have title to the property. - Answers Warranty Deed seller - Answers grantor buyer - Answers grantee the grantor gives title to realty, but does not indicate she has any interest in the realty, only that a transfer of whatever right, title and interest the grantor may have in and to said realty, not indicating she has title. - Answers Quitclaim Deed Used on property line disputes; divorces; bankruptcy's; and estates. - Answers Quitclaim Deed can be intentional or based on negligence - Answers misrepresentation or fraud intentional misrepresentation or fraud is must be shown that - Answers 1. there was an intent to convince someone to do something they would not have otherwise 2. the party had good reason to rely on the deceit, which was then the cause of the loss suffered legally protected expectation of being able to use a thing for ones advantage - Answers property