A civil battery involves an unpermitted, unprivileged, intentional contact with another’s body.

Plaintiffs in Tort cases generally are not seeking monetary damages.

Negligence is generally defined as the failure to exercise reasonable care.

One can be found liable for an intentional tort even if they have no conscious desire to cause harm.

If a PRIVATE person is defamed in a newspaper, the person would be entitled to sue for libel.

In a case of negligence, the harm caused must be foreseeable by the defendant.

In a case of comparative negligence, the party that the court determines is most liable pays the FULL damage amount.

Strict liability applies in cases involving abnormally dangerous activities.

Which of the following is not an Intentional Tort?

Which of the following is NOT an example of a tort?

What is one basic difference between assault and battery?

If you lend your car to a dealer to sell and the dealer takes the car out for a 1,000 mile “test drive,” what has the dealer most likely committed?

What is tort law designed to do?

The plaintiffs were detained at a store because employees believed they saw them shoplifting. Whether the store is entitled to protection from tort liability under a merchant protection statute, or the common law, will primarily depend on what?

While shopping with her mother in Arnold’s Super Market, eight-year-old Janet was allowed to roam around freely. Without her mother’s knowledge, Janet opened a jar of jelly and spilled the contents on the floor. Two hours later while intently watching a good-looking butcher, a shopper named Bernadette slipped on the jelly and broke her leg. Bernadette sued the supermarket. Which of the following is Arnold’s status?

While shopping with her mother in Arnold’s Super Market, eight-year-old Janet was allowed to roam around freely. Without her mother’s knowledge, Janet opened a jar of jelly and spilled the contents on the floor. Two hours later while intently watching a good-looking butcher, a shopper named Bernadette slipped on the jelly and broke her leg. Bernadette sued the supermarket. Since Bernadette was looking at the butcher and not where she was going, what defense might be successfully asserted against her?

In a state that has a comparative negligence statute, a jury determined that the plaintiff has sustained damages of $50,000 and that the percentages of fault are plaintiff 40 percent negligent, defendant 60 percent negligent. What would be the plaintiff’s award of damages in this case?

What does strict liability require?

To commit an Intentional Tort, you must have an intent to do harm.

Prosecutors can be charged for malicious prosecution.

The truth of the statement is a complete defense in a lawsuit for defamation

What is the most claimed tort in business dealings?

You do not need to prove duty or breach to state a claim for negligence.

Civil wrongs are called torts.

The tort standard for certain professionals, such as nurses, electricians, and plumbers, is that of the skilled professional acting as a reasonably prudent professional in that situation.

If a minor has an accident while driving a car, the minor’s negligence is judged according to other minors of the same age, intelligence, and experience.

In states that permit a contributory negligence defense to negligence, the defendant will escape all liability if the plaintiff was at fault in any way.

Jake, a city employee working in a manhole, forgets to replace the cover over the street. No one falls in. Jake has not committed negligence because this element of negligence is missing.

The reasonable person in tort law refers to:

While cooking pasta with her friends, 15-year-old Tanya picks up the pot without using oven mitts. The pot slips out of her hand, and she spills boiling water on her fiend’s back, causing serious burns. In a suit for negligence, Tanya’s actions will be judged by:

A contract is a set of legally enforceable promises.

Which of the following are the requirements for a contract?

An agreement requires an offer and acceptance.

The terms of acceptance do not need to be identical to the terms of the offer.

Under contract law, what is "consideration"?

Most minors have the “legal capacity” to enter into contracts.

"I will buy your car if it has less than 10,000 miles" is what kind of consideration?

Past consideration is valid consideration for a present contract.

A voidable contract is a contract that can be terminated by either party.

What is the term for a minors’ right, in which within a reasonable time after reaching the age of majority, he or she may avoid his or her contracts?

If a minor disaffirms his or her contract, he or she must return the item contracted for, in any condition.

Minors can disaffirm all contracts, including contracts for necessities.

Contracts with an illegal purpose are void.

Which of the following is NOT an obstacle to legal assent?

What is the term for when a party's obligation under a contract is terminated?

What is the term for a particular event that must occur for a party’s duty to arise.

A breach occurs when a party fails to perform their obligations under the contract.

What is the term for when an unforeseen circumstance makes it impossible or illegal to perform a contract.

What is the term for when the performance of a contract is possible, but due to unforeseeable circumstances, it would be extraordinarily expensive or dangerous to perform?

What is the term for when a contract is entered into for a particular purpose, but the purpose does not occur.

What is the term for damages for breach of contract specified in the contract itself?

The non-breaching party has a duty to mitigate his or her damages.

What is the legal term for the termination of a contract?

Property refers to a person’s ownership rights to things, and to a person’s interests in things owned by someone else.

A song cannot be property.

Property can refer to tangible as well as intangible items.

Trademarks, patents, and copyrights are examples of intangible property.

The Nike “Swoosh” is an example of a trademark

A patent is the grant of rights to an inventor from the government.

Which of the following would not be considered real property?

Which of the following would not be considered tangible personal property?

Which of the following would not be considered intangible property?

What might patents be granted for?

What is the power of the government to take private property rights, provided that just compensation is provided, and due process is afforded, referred to as?

The Government has a legitimate right to prevent maltreatment and abuse of family members.

The eligibility requirements for a marriage license are the same from state to state.

In the United States, there is a single, universally accepted legal definition of a family.

In some states, adoption records are closed. This means that the adopted child does not have a legal right to identify his or her birth parents.

Common reasons for divorce or annulment include bigamy, incest, fraud, and religious concerns.

Although property divisions can be decided by a judge, they are often negotiated by the divorcing parties before court proceedings begin.

In most states, what is the age at which a minor legally becomes an adult?

Throughout history, at one point the U.S. Supreme Court ruled against the marriages of many individuals. However, it HAS NOT ruled against the marriages of:

Which of the following is true about parents’ legal obligations to support a child?

Which of the following is generally true of divorce?

Which of the following factors should NOT be considered by a judge when deciding which parent in a divorce should have custody of the child or children?

The legislature is the dominant criminal law policy maker.

Common law, rather than statutes or penal codes, is the basis of most state criminal law in the United States.

State statutes establishing minimum age requirements to consume alcoholic beverages and to smoke tobacco products are examples of mala in se offenses?

Mala Prohibita offences are intrinsically bad.

The U.S. Constitution specifically guarantees all citizens a general right of personal privacy.

Solicitation and conspiracy are examples of inchoate crimes.

If the government cannot prove the defendant’s guilt beyond a reasonable doubt with its own evidence, the law provides that the accused is not guilty.

The M’Naghten Rule specifies that a defendant is not guilty if they had a diseased mind at the time of the act and were unable to distinguish right from wrong.

If the police fail to inform a person of their Miranda rights when required, statements made in the subsequent interrogation will be excluded from trial.

Which of the following is NOT a part of the Miranda Warnings:

What is today’s definition of a crime based on?

Why did the legislative branch replace the judiciary as the dominant criminal law policymaker in the twentieth century?

Who is always the plaintiff in a criminal case?

Assume that a criminal defendant claims that she was the victim of a criminal kidnapping and was forced by her kidnappers to commit the crimes with which she is accused. Assume further that she could prove that she had complied with their demands only because her captors had threatened to kill her if she resisted. What defense would be appropriate for her to adopt at trial?

Which of the following are types of Alternative Dispute Resolution tactics, and what is a key pro and con of each?