Legal Aspects Final Exam ACTUAL Exam
Questions and CORRECT Answers
Two Categories of Legal Liability - CORRECT ANSWER - Criminal Liability
Civil Liability
Types of Criminal Liability - CORRECT ANSWER - Property: Theft, Trespass, Arson
Person: Battery, Assault, Homicide
Types of Civil Liability - CORRECT ANSWER - Contracts: Underseal, Quasi, Parol,
Implied
Torts: National and State, Torts Claims Act, Claims Act
Negligence: Property, Program, Supervision, Facilities
Strict Liability: Products, Animals, Water, Food
Nuisance: Activity, Land Use, Personal, Inference
Constitutional Tort: Due Process, Privacy, Speech, Religion
Intentional Torts:
PERSONAL: Assault, Battery, Defamation, False Imprisonment
PROPERTY: Land Trespass, Chattel, Conversion
Structure of the Federal Court System vs. NY State - CORRECT ANSWER - US District
Courts : Supreme & District Court
US Court of Appeals : Appellate Terms/Divisions of Supreme Court
US Supreme Court : Court of Appeals
Appellant - CORRECT ANSWER - The party filing the appeal
Appellee - CORRECT ANSWER - The opposite party
,Appellate Courts - CORRECT ANSWER - -Do not conduct trials
-Do not hear additional witnesses
-Do not gather additional evidence
-They review the decision of the trial court
The Appellate Process - CORRECT ANSWER - -Appellant files appeal
-Appellee files argument against appeal
-Appellant files reply brief
-Oral arguments are scheduled
Under what conditions can an appeals court reverse a decision? - CORRECT ANSWER --
Losing party may file an appeal
Three reasons:
-Abuse of discretion
-Clearly erroneous findings of fact
-Mistakes in application of law
What are the three questions that must be answered to resolve a dispute? - CORRECT
ANSWER - -What facts gave rise to the dispute?
-What laws govern those facts?
-How does the law apply to the facts?
How might a trial be resolved? - CORRECT ANSWER - -A directed verdict
-Jury (or Judge) ruling
-Order for new trial
-Judgement not withstanding the verdict
-Motions (to dismiss; summary judgement)
, Rights protected by: Right to Personal Freedom - CORRECT ANSWER - Movement,
Speech, Association, Religious Belief
Rights protected by: Right to a Good Reputation - CORRECT ANSWER - Privacy,
Defense, Secure in Property
Negligence - CORRECT ANSWER - The failure to act
Elements of Negligence - CORRECT ANSWER - Duty
Breach
Cause
Injury
Negligence: Duty - CORRECT ANSWER - Standard of care: reasonable forseeability
Negligence: Breach - CORRECT ANSWER - Failure to do something
Negligence: Cause - CORRECT ANSWER - In fact ("but for") direct link
Proximate ("chain of events")
Negligence: Injury - CORRECT ANSWER - Resulting in injury
Degrees of Negligence - CORRECT ANSWER - Slight
Ordinary
Gross
Willful and Wanton
Questions and CORRECT Answers
Two Categories of Legal Liability - CORRECT ANSWER - Criminal Liability
Civil Liability
Types of Criminal Liability - CORRECT ANSWER - Property: Theft, Trespass, Arson
Person: Battery, Assault, Homicide
Types of Civil Liability - CORRECT ANSWER - Contracts: Underseal, Quasi, Parol,
Implied
Torts: National and State, Torts Claims Act, Claims Act
Negligence: Property, Program, Supervision, Facilities
Strict Liability: Products, Animals, Water, Food
Nuisance: Activity, Land Use, Personal, Inference
Constitutional Tort: Due Process, Privacy, Speech, Religion
Intentional Torts:
PERSONAL: Assault, Battery, Defamation, False Imprisonment
PROPERTY: Land Trespass, Chattel, Conversion
Structure of the Federal Court System vs. NY State - CORRECT ANSWER - US District
Courts : Supreme & District Court
US Court of Appeals : Appellate Terms/Divisions of Supreme Court
US Supreme Court : Court of Appeals
Appellant - CORRECT ANSWER - The party filing the appeal
Appellee - CORRECT ANSWER - The opposite party
,Appellate Courts - CORRECT ANSWER - -Do not conduct trials
-Do not hear additional witnesses
-Do not gather additional evidence
-They review the decision of the trial court
The Appellate Process - CORRECT ANSWER - -Appellant files appeal
-Appellee files argument against appeal
-Appellant files reply brief
-Oral arguments are scheduled
Under what conditions can an appeals court reverse a decision? - CORRECT ANSWER --
Losing party may file an appeal
Three reasons:
-Abuse of discretion
-Clearly erroneous findings of fact
-Mistakes in application of law
What are the three questions that must be answered to resolve a dispute? - CORRECT
ANSWER - -What facts gave rise to the dispute?
-What laws govern those facts?
-How does the law apply to the facts?
How might a trial be resolved? - CORRECT ANSWER - -A directed verdict
-Jury (or Judge) ruling
-Order for new trial
-Judgement not withstanding the verdict
-Motions (to dismiss; summary judgement)
, Rights protected by: Right to Personal Freedom - CORRECT ANSWER - Movement,
Speech, Association, Religious Belief
Rights protected by: Right to a Good Reputation - CORRECT ANSWER - Privacy,
Defense, Secure in Property
Negligence - CORRECT ANSWER - The failure to act
Elements of Negligence - CORRECT ANSWER - Duty
Breach
Cause
Injury
Negligence: Duty - CORRECT ANSWER - Standard of care: reasonable forseeability
Negligence: Breach - CORRECT ANSWER - Failure to do something
Negligence: Cause - CORRECT ANSWER - In fact ("but for") direct link
Proximate ("chain of events")
Negligence: Injury - CORRECT ANSWER - Resulting in injury
Degrees of Negligence - CORRECT ANSWER - Slight
Ordinary
Gross
Willful and Wanton
