Exam (elaborations)
LMPT Exam 2 – Questions With Complete Solutions A+
- Course
- Institution
LMPT Exam 2 – Questions With Complete Solutions A+
[Show more]
Content preview
LMPT Exam 2 – Questions With Complete Solutions A+What is a crime? Right Ans - A wrong committed against the public at large
for which criminal punishments are available.
Or
"A crime is an act, or failure to act, prohibited by law and punishable by the
government."
What is a tort? Right Ans - A civil wrong (not a contract breach) capable of
redress w/money damages or injunctions
Or
A tort is an act, or failure to act, in which the law provide a remedy for the
victim through a civil action (claim and/or lawsuit).
What does it mean to prosecute someone? Right Ans - To file and litigate a
court case charging someone with a crime
What does it mean to sue or file a suit? Right Ans - • To file a civil court
case against ....
Define the term "common law." Right Ans - Common law refers to ancient
rights, customs, and principles developed over time through the English court
system.
Are there "common laws" witching the United States? Right Ans - There are
no common law crimes in the US.
All criminal laws in the US are found in written statues (statutory laws).
Define the term "Probable Cause." Right Ans - Probable Cause or PC can be
defined as facts and circumstances that would lead a reasonable prudent
person to believe that a criminal offense has probably taken place and the
person charged with that offense probably committed it.
, What two things do most crimes consist of? Right Ans - A prohibited act
and a criminal act.
What are the two different kinds of criminal intent (state of mind) offenses?
Right Ans - General Intent offenses
And
Specific Intent offenses
In order to be convicted of a crime, how must the court prove the case and
what is the disposition? Right Ans - In order to be convicted (found guilty)
of a crime, the court must prove "beyond a reasonable doubt" that the person
committed the crime. They are either sentenced to jail or prison and will have
some sort of probation or parole.
Can a family member charge someone with a crime? Right Ans - No - The
government can only charge someone with a crime.
Note: the family could sue the individual / agency through civil court
Crime = Government v. Person
Are crimes prosecuted or sued? Right Ans - Crimes are always prosecuted.
Civil actions are always suets.
If an individual is part of a tort, are they being charged with a crime? Right
Ans - No! A tort is a civil action (think plaintiff v. defendant) and they are sued.
Private, civil wrong (Plaintiff v. defendant) Sued
Proof of preponderance of the evidence (more likely than not.)
Found Liable
Compensated (money or injunction)
The family could sue a individual or agency
If someone was found liable based on "a preponderances of the evidence"
where the charged with a crime or named in a tort (suet)? Right Ans -
Preponderance of the evidence is the burden of proof needed in tort cases.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Zendaya. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75323 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now