Test 2

State of mind that must be present at time of crime

• criminal insanity

• defense

• motive

• criminal intent

When someone who has been entrusted with another's property or money takes the money or property

• larceny

• forgery

• embezzlement

• extortion

A grand jury determines guilt or innocence.

• true

• false

Defense to a crime based on the ability to disprove the alleged crime.

• procedural

• substantive

• an illegal search/seizure without a warrant

• not being informed of rights when arrested (no Miranda warning)

First appearance of accused before the court. Reading of charges. Pleads guilty or not guilty.

• arraignment

• appellate hearing

• preliminary hearing

• sentencing hearing

Tort defendant can be held liable for engaging in dangerous activity regardless of negligence.

• assumption of risk

• strict liability

• intentional

• negligence

Tort involving intentional misrepresentation of important fact to get someone to contract.

• conversion

• defamation

• fraud

• trespass to land

_?_ requires action with care & good judgement to not injure others. Used to establish duty.

• foreseeability test

• proximate cause

• reasonable-person standard

Defense to negligence. Plaintiff can't recover because he or she was also negligent.

• contributory negligence

• comparative negligence

• assumption of risk

• strict liability

Defense to negligence. Plaintiff should be aware of danger but subjects themselves to risk.

• assumption of risk

• comparative negligence

• contributory negligence

• strict liability