ENR 4400 Practice Exam 2 Questions With
Correct Answers
Why does a prosecutor, as opposed to an attorney in private practice, try criminal cases? -
answer✔Criminal cases are a crime against society rather than an individual.
What is the burden of proof? - answer✔A concept in law that requires that one introduce
evidence to prove facts at issue in a particular lawsuit to avoid a ruling against him or her.
What is the burden of proof in a civil case? - answer✔More likely than not (greater than 51%)
What is the burden of proof in a criminal case? - answer✔Beyond a reasonable doubt (95% or
more)
In relation to a criminal charge, what is mens rea. - answer✔Mens rea means a guilty mind. In a
criminal case, you must prove that the defendant had a guilty mind (knowingly/intentionally
caused harm)
In tort (civil) law, what are the elements of a cause of action? - answer✔These are the set of
facts that entitle you to a trial. In tort law, there has to be a legal duty, breach of that duty, and
injury as a result of that breach.
What three conditions must coalesce for a contract to be considered in place. - answer✔1)
Somebody must make an offer
2) The other party must accept the offer
3) Some exchange of consideration must be made
In contract law, what does "failure of condition" mean? - answer✔It is a breach of contract in
terms of the failure of a either a condition precedent or condition subsequent. For example, if a
contract said "but if he drinks before he turns 18, he will not receive the money" in the case of
a condition precedent and the person drank, he breached the contract. In the case of a
condition subsequent, a contract may state "he must finish the construction before December
18th, 2016". If the person fails to due so, they have also breached the contract by failure of
condition.
In property law, what does an intellectual property right protect? - answer✔Intellectual
property rights protect creations of the mind.
In property law, what does a trademark right protect? Give an example of a protected
trademark. - answer✔Trademarks protect names, terms, and symbols that identify the provider
of the goods/services. Examples include the Nike swoosh, apple logo, golden arches, etc.
What does a patent protect? - answer✔It protects the process by which something is made
(how a specific type of computer is manufactured, a new mop design, etc.)
What does a copyright protect? - answer✔Protects original works of authorship (literature,
photos, artwork, music, etc.)
Why does contract law prohibit (or find null and void) a contract that attempts to bind a young
child or an incompetent person? - answer✔Contracts are considered a "meeting of the minds".
Younger and incompetent people are incapable of thinking/understanding at the same level as
the person making the offer. Therefore, contracts can take advantage of children/incompetent
people because they lack the capacity to understand its implications.
To what sort of disputes does the constitution limit the judiciary? - answer✔Courts can only
hear live cases and controversies brought to the court. The plaintiff in the these cases must
have endured a harm/injury traceable to the defendant's actions and there must be some
available form of relief that can be granted by the court.
Must contracts always be in writing? - answer✔No, though there are some exceptions due to
the statute of frauds.
What are the two categories of compensatory damages? Give examples of each. -
answer✔Economic (payment for objectively verifiable monetary losses such as past/future
medical expenses, loss of property, loss of future earnings, etc.) and non-economic
(compensation for subjective losses such as pain, suffering, distress, etc.).
What are punitive damages? - answer✔Damages awarded for the purpose of punishment
What is tort reform? - answer✔Placing caps on damages to dissuade supposedly frivolous
lawsuits.
What is the rule of law doctrine? - answer✔Nobody is above the law
Public laws are between who? - answer✔Citizens and a government entity
Environmental laws were the first to do what? - answer✔Grant citizen suit provisions
2|Page
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 Brightstars. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.49. You're not tied to anything after your purchase.
