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Test 2

Multiple Choice
Identify the letter of the choice that best completes the statement or answers the question.
 

1. 

The most recent addition to the American governmental structure is the:
a.
executive branch.
b.
administrative agency.
c.
judicial branch.
d.
legislative branch.
 

2. 

An administrative agency can be created to perform:
a.
only one of the three functions of government (executive, legislative, judicial).
b.
any two of the three functions.
c.
all three of the functions.
d.
none of the three functions of government.
 

3. 

A significant difference between an agency's hearing and a court hearing is that:
a.
binding decisions can be made only by agencies.
b.
an agency affords no right to a jury trial.
c.
court hearings allow no public intervention.
d.
courts can enforce their decisions.
 

4. 

Crimes are generally defined and their punishments specified by:
a.
trial court judges.
b.
appellate judges.
c.
codes and statutes.
d.
the United States Constitution.
 

5. 

Criminal laws:
a.
vary from state to state.
b.
are the same from state to state, except in the area of computer crimes.
c.
are the same from state to state, except in the area of white-collar crimes.
d.
none of the above.
 

6. 

Which of the following statements is true?
a.
Felonies are less serious than misdemeanors.
b.
Felonies involve white-collar crimes only.
c.
Felonies are more serious than misdemeanors.
d.
Felonies are federal crimes only.
 

7. 

Which of the following is generally considered a felony?
a.
reckless driving.
b.
disturbing the peace.
c.
robbery.
d.
none of the above.
 

8. 

A crime generally consists of:
a.
an act.
b.
an act or omission.
c.
a mental state and an act or omission.
d.
a mental state and harm.
 

9. 

A wrong that arises from a violation of a private duty is called a:
a.
criminal action.
b.
tort.
c.
crime.
d.
de mala.
 

10. 

Concerning torts and crimes, choose the correct statement:
a.
Every tort is a crime.
b.
Every crime is a tort.
c.
No crime is a tort.
d.
A crime may also be a tort.
 

11. 

Torts arise from a violation of a _________ duty.
a.
public
b.
private
c.
contractual
d.
criminal
 

12. 

Torts are classified as:
a.
intentional only.
b.
negligence only.
c.
strict liability only.
d.
intentional, negligence, and strict liability.
 

13. 

In order to establish the tort of false imprisonment, a person must show imprisonment for:
a.
any amount of time.
b.
at least one minute.
c.
at least ten minutes
d.
at least one hour.
 

14. 

Which of the following is a defense to defamation?
a.
slander
b.
libel
c.
truth
d.
none of the above
 

15. 

Defamation consisting of the publication or communication of false, spoken words is termed:
a.
slander.
b.
libel.
c.
privilege.
d.
perjury.
 

Case
 

16. 

John was driving his car in a careless way, failing to drive as a reasonably prudent person would under the driving conditions. Ramona was crossing the street in a careless way, failing to cross as a reasonably prudent person would. John struck and injured Ramona with the car John was driving. At the trial, it was found that John was 80 percent at fault and Ramona was 20 percent at fault. The injuries sustained amounted to $75,000. Explain how much, if any, recovery Ramona would receive in a state that applied the contributory negligence rule. Do the same thing for a state that applied the comparative negligence rule.
 



 
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