What is the difference between larceny and robbery- 75 questions answer
Subject: Business / General Business
What is the difference between larceny and robbery?
In a letter to Tonia, Claude wrote, “Melissa is very stupid. She has a low IQ, as has been shown in several private IQ tests that I have administered. I can’t understand why a smperson like you would associate with her.” In fact, Melissa has a very high IQ, which the IQ tests showed. Claude’s statement is an example of c
The law of negligence is based onc
The burden of proof in a criminal trial is on the government, which must prove its case by a preponderance of the evidencec.
An inspector for the Occupational Safety and Health Administration arrived at Exclon’s factory to conduct an inspection. The inspector did not have a search warrant. The general manager of the factory gave the inspector permission to inspect the facility. During the inspection, the inspector found serious safety violations. Exclon will be a able to successfully challenge the search because the inspector did not have a search warrant. c
All theories of tort liability involve the concept of foreseeability. c
At an arraignment, the person accused of criminal conduct is informed of the charges he or she is facing, and if necessary an attorney is appointed for the defendant.c
Generally, a party cannot appeal a decision made in binding arbitration. c
Disparagement occurs when a business product is defamed. c
Why alternative forms of dispute resolution (ADR) are becoming increasingly popular?
Alternative forms of dispute resolution are becoming popular because they are fast, cost – effective and provide great satisfaction to both parties involved.
Strict liability for products is based on c
Manslaughter occurs when the killing is unlawful, but with malice. c
If one act is both a crime and a tort, c
A dispute arose between Tenako, Inc. and Paulson, LLC. The businesses decided to attempt to resolve the dispute by hiring an impartial third party to help them reach a mutually acceptable resolution to their dispute. The alternative method of dispute resolution being used is:
The law protects an individual from suffering serious indignity that causes emotional distress.
Intentional infliction of emotional distress.
When Steven arrived at the airport for his prearranged flight, the clerk informed him that there were no seats available. Steven lost his composure and started to scream at the clerk, demanding a seat on the plane. As he yelled, Steven paced back and forth in front of the airline counter. Steven made no physical movement towards the clerk. Which statement is correct?
The correct title for the RICO statute is the: c
Larceny is defined as a petty theft that involves taking another persons’ property with the intent to deprive him the right to possess and use it.
Duty, breach of duty, proximate causation, and injury are the elements necessary for the tort of negligencec
Rosencrantz picked the lock on the door of Stems’ house and entered, intending to steal Sterns’ computer. However, Rosencrantz heard a noise and ran out of the house without taking anything. Rosencrantz has committed which crime? c
Corporate employees are personally liable for the crimes they commit while acting for the corporation. c
Slander is an oral defamatory statement that damages a persons’ reputation.
Arson is the unintentional burning of any property by fire or explosion. c
Burglary is the taking of money by an employee who has been entrusted with the money by his or her employer.c
Identity theft occurs when a thief steals personal information, such as the name, address, Social Security number, and/or name of the employer, and then uses this information to access the victim’s credit. c
Recovery for intentional torts is based on the concept of fault, while recovery for strict liability and negligence are not. c
Duress may be a valid criminal defense. c
Tort law is a recent development. c
Most states follow the traditional view of contributory negligence.c
Slander is a written defamation. c
In most cases, mediation is not successful and parties end up going through arbitration. c.
An expert witness is valid if presented by a person with special knowledge about a particular topic in the trial process. The expert must proof his/ her competency through detailed analysis of the topic to convince the adjudicators and judges. Generally, expert witness is valid in law.
The purpose of a demurrer is to challenge the legal sufficiency of the other party’s pleading as a pleading. v
A deposition refers to witness’s sworn out-of-court testimony, that’s used to gather information as part of the discovery process and, in limited circumstances, may be used at trial
A minitrial is an alternative dispute resolution procedure that is used by businesses and the federal government to resolve legal issues without incurring the expense and delay associated with court litigation.
According to your text, The American Arbitration Association (AAA) claims that its mediations are very effective with 85 percent of commercial matters and 95 percent of personal injury matters resulting in written settlement agreements.
Duress requires all EXCEPT proof on murder or attempted murder cases.
Generally, a motion for summary judgment is made after
A public figure is a person who has a degree of prominence in society.
False imprisonment is the lawful detention of one person by another against the former’s will, and without just cause, for an appreciable amount of time.
In Mediation, The parties present their evidence to an impartial third party who makes a decision called an award. Before the hearing begins, the parties decide if the third party will be binding or advisory on them.
Increasingly, courts are requiring criminals to use alternative methods of dispute resolution (ADR) before the court will hear the case
State law cannot prohibit arbitration agreements
Which of the following is an advantage of mediation?
Mediation is cheap, flexible and its award is satisfactory so both parties.
What do all theories of tort liability have in common?
All theories of tort liability define the extent of damage and the maximum compensation that a plaintiff is entitled to get
The courts favor alternative methods of dispute resolution (ADR).
In the U.S., evidence obtained through an illegal search may not be used in court
Rozencrantz pointed a gun at Sterns, and told him to hand over his wallet. Sterns refused. Rozencrantz snatched the wallet out of Sterns’ hands and ran away. Rozencrantz has committed which of the following crimes?
Tort law addresses “public” wrongs.
Sybrum, Inc. ordered 5,000 brochures from PrintSmart. Subsequently, a dispute arose over the quality of the paper. The contract did not include an arbitration agreement. Since the initial agreement did not include an agreement to arbitrate, the matter cannot be settled by arbitration.
Jacqueline was the bookkeeper for Vop, Inc. To pay a gambling debt, Jacqueline took $5,000 in cash that was to be deposited in Vop’s bank account. Jacqueline then altered Vop’s accounting records to hide her actions. Which statement is correct?
Jacquelines’ has committed a crime of embezzlement.
The difference between murder and manslaughter lies in the mental state of the defendant.
What is the purpose of alternate jurors?
To avoid having to retry a case when a juror is excused before the end of trial.
ADR is less adversarial than litigation
Res judicata means that when a court issues a final judgment, the subject matter of that lawsuit is finally decided between the parties to the suit.
Generally, mediation sessions are open to the public.
Treason is the only crime defined in the U.S. Constitution4 and is the most serious offense against the government.
Imogene is an employee of Tennyson, Inc. She is not permitted to handle money for the company, and has never been given the key to the cash register or the combination of the safe. One night, after the business is closed, she enters the building (using the ID-card key that all employees have), picks the lock on the safe, and steals $10,000 in cash. Imogene has committed the crime of embezzlement.
The final decision of an arbitrator is called an award.
Strict liability can be a basis for criminal liability as well as for tort liability.
Larceny is the wrongful taking and carrying away of the personal property of another person without the owner’s consent, and with the intent to deprive the owner of the property permanently.
Caitlin sued Yu in small claims court. A $500 judgment was entered in favor of Caitlin. Which statement is correct?
Yu can pay the $500 judgement directly to the court or order for an installment payment plan.
Misdemeanors are minor offenses that are punishable by confinement of up to two years in a city or county jail, a small fine, or both.
The tort of fraud consists of which of the following elements?
A person who chooses to become active in society such as a mail carrier is a public figure.
The Economic Espionage Act makes it a criminal offense to
Rebecca was asked to mediate a dispute between Paul and Lola. To mediate the dispute, Rebecca must be certified by the American Mediation Association (AMA) or other recognized organizations
Roxanne, a 30-year-old woman, went to Dr. Lynn’s office for a pregnancy test. Before Roxanne was notified about the positive test results, Dr. Lynn’s nurse called Roxanne’s mother and told her about the pregnancy. The nurse has most likely committed the tort of:
The burden of proof the state must satisfy in a criminal trial is
Homicide is the killing of one human being by another.
Gretchen walked up to Herman’s door and rang the bell. Herman answered the door and asked what Gretchen wanted. Gretchen said that she was selling collectors’ items. Herman told Gretchen to leave, but Gretchen immediately walked past Herman into the house. Gretchen then showed Herman an old watch, telling him that the watch once belonged to Ulysses S. Grant (38th President of the United States and Civil War hero); in fact, the watch is only 50 years old and was never owned by anyone noteworthy, as Gretchen knows very well. Herman believed Gretchen and bought the watch. Immediately thereafter, Nate entered the room, saw what was happening, and started to warn Herman. Gretchen pulled out a gun and fired it at Nate; the gun contained only blank cartridges, but Nate and Herman both thought that they were about to be killed and fainted. Gretchen took the telephone and left. No one was hurt. Gretchen committed all of the following torts EXCEPT
There are four elements that must be shown before a recovery for the tort of negligence is permitted. Which of the following lists these four conditions?
For the tort of negligence to be revocable, the must be proof that the defendant doesn’t owe any duty of care to the plaintiff, the plaintiff didn’t suffer damages, no breach of duty and genuine cause of action.
Voluntary intoxication is always a valid defense in a criminal case because drunken persons cannot be held responsible for their actions.
Under strict product liability, there would not be any liability unless the manufacturer was at fault to some degree.
A lawyer may use his or her peremptory challenges to remove all the African-Americans from the jury