1.
What is "cause of action"?
Correct Answer
A. Legal right of injured party to bring a lawsuit against the wrongdoer
Explanation
"Cause of action" refers to the legal right of an injured party to bring a lawsuit against the wrongdoer. This means that if someone has been harmed or wronged, they have the legal authority to initiate legal proceedings against the person or entity responsible for the harm. It is the basis or grounds on which a lawsuit can be filed and seeks to hold the wrongdoer accountable for their actions.
2.
Wrongful act indirectly causing injury not an immediate result but a later consequence.
Correct Answer
A. Tresspass on the case
Explanation
Trespass on the case is a legal term used to describe a type of tort where a wrongful act indirectly causes injury as a later consequence, rather than an immediate result. It refers to situations where the defendant's actions may not have directly caused harm, but their negligence or misconduct led to the injury. This concept is different from strict liability, which holds the defendant responsible for any harm caused regardless of intent or negligence. Trespass on the case is a cause of action that can be used in tort cases to seek legal remedies for the resulting injuries.
3.
What are compensatory damages?
Correct Answer
Money paid by defendant
Explanation
Compensatory damages refer to the monetary amount that a defendant is required to pay as a form of compensation to the plaintiff for the losses or harm they have suffered. These damages aim to restore the plaintiff to the position they were in before the incident occurred. It includes reimbursement for medical expenses, property damage, lost wages, and any other financial losses incurred as a result of the defendant's actions.
4.
The burden of proof in Civil Law is to prove beyond a reasonable doubt?
Correct Answer
B. False
Explanation
Preponderance of Evidense
5.
What is needed for a class action suit?
Correct Answer(s)
A. # of people with claims so large joinder and other methods impractical
C. Issues of fact or law common to all
D. Plaintiff will do good job of repersenting interest of all
F. Point raised by plaintiff are what others in the class would allege if filed serpartely.
Explanation
A class action suit is needed when the number of people with claims is so large that joining them together through other methods is impractical. Additionally, there should be common issues of fact or law that apply to all the plaintiffs. The plaintiff representing the class should be capable of effectively representing the interests of all the individuals involved. Furthermore, the points raised by the plaintiff should be what others in the class would allege if they filed separate lawsuits.
6.
What is a primary authority?
Correct Answer
B. Statements of the law
Explanation
A primary authority refers to statements of the law. This means that it is a reliable and authoritative source that provides information about legal principles, rules, and regulations. Primary authorities include statutes, regulations, court cases, and administrative decisions, which are considered the most important and influential sources for understanding and interpreting the law. These statements of the law are often used by lawyers, judges, and legal scholars to support their arguments and decisions, as they carry significant weight and are considered binding in legal proceedings.
7.
Impose Damages are above the amount used to compensate due to __________'s __________ and __________ conduct.
Correct Answer
defendat willfull malicious
Explanation
The correct answer is "defendant's willful and malicious conduct." This means that the defendant's actions were intentional and done with the intention of causing harm. The damages awarded in this case would be higher than the amount needed to compensate the plaintiff, as a way to punish the defendant for their deliberate and harmful behavior.
8.
What are restatements?
Correct Answer
A. Summaries of law
Explanation
Restatements are summaries of law that provide a concise and clear explanation of legal principles and rules. They are not formal written acts of legislative bodies, compilations of statutes, or court decisions. Restatements aim to simplify and clarify complex legal concepts for easier understanding and application by legal professionals and the general public. They serve as authoritative secondary sources that help interpret and explain the law, providing guidance in legal research and analysis.
9.
What initiates the lawsuit?
Correct Answer
Complaint
Explanation
The correct answer is "Complaint." In a lawsuit, the complaint is the legal document that initiates the case. It is filed by the plaintiff, who is the party bringing the lawsuit, and it outlines the allegations and legal claims against the defendant. The complaint serves as the starting point for the legal process and notifies the defendant of the lawsuit, giving them an opportunity to respond and defend themselves.
10.
What specifies what damages the plaintiff seeks?
Correct Answer
A. Ad dammnum clause
Explanation
The ad damnum clause specifies the amount of damages that the plaintiff seeks in a lawsuit. It is a part of the plaintiff's complaint and serves to inform the court and the defendant of the monetary compensation being sought. This clause helps to establish the scope of the lawsuit and provides a basis for determining the potential financial liability of the defendant if they are found liable.
11.
What are penalties in Criminal Law?
Correct Answer(s)
A. Imprisonment
C. Community Based Release
D. Fines
Explanation
Penalties in criminal law refer to the consequences imposed on individuals who have committed a crime. Imprisonment is a common penalty where offenders are confined to a correctional facility for a specified period. Community-based release allows offenders to serve their sentence under supervision in the community. Fines are monetary penalties imposed on offenders as a form of punishment. These penalties aim to deter individuals from engaging in criminal behavior and to ensure justice is served.
12.
Secondary Law are statements about the law?
Correct Answer
A. True
Explanation
Secondary Law refers to a set of legal principles and rules that are derived from primary sources of law, such as statutes and case law. These principles and rules help in interpreting and applying the primary sources of law. Therefore, it can be concluded that Secondary Law consists of statements about the law, making the given answer "True" correct.