73. A prosecutor concerned that she may lack enough evidence to obtain a convict

Question

73. A prosecutor concerned that she may lack enough evidence to obtain a conviction may agree to
a. An affidavit
b. A warrant
c. An appeal
d. A plea bargain
e. An indictment

2. Consent is, typically, a defense in both criminal and tort cases.
a.   True
b.   False

5. An organization, including but not limited to a corporation, cannot itself be guilty of a crime. However, individuals who work for the organization may be guilty of crimes based on their workplace/work related activities.
a.   T b. F

57. Jim, a 20-year old junior, gets extremely drunk at a fraternity (Phi Alpha Dumb Ass) party. .When Jim finally leaves the party he causes a very serious car accident. Jim can be found liable and so can Phi Alpha Dumb Ass.
a.True   b. False

26. Regarding punitive damages, which is an incorrect statement.
a. They are, typically, available for breach of contract.
b. They are sometimes called compensatory damages.
c. The amount of such damages is for the trier of fact (jury, if there is a jury, judge, if there is no jury).
d. Most successful plaintiffs receive compensatory damages and punitive damages.
e. A, b, and d are all incorrect.

29. Widgco hires Zuckerman (a real dumb butt) to be one of its agents. Widgco will not be liable to a third party for a tort that Zuckerman commits:.

a. Unless Widgco instructed Zuckerman to commit the tort..

b. Unless the tort was committed within the scope of Zuckerman’s agency relationship with Widgco.

c. If Widgco’s agency agreement withb Zuckerman limits Widgco’s liability for Zuckerman’s torts.

d. If the tort that Zuckerman commits also constitutes a crime.

35. A taxi driver, hurrying to pick up a customer at Oakland International Airport, races through a 20 mph hospital zone at 50 mph and strikes Lou , who is crossing the street in a pedestrian crosswalk. Lou sues the driver and the taxi company. What kind of lawsuit is this?.
a. Contract
b. Negligence
c. Assault.
d. Battery
e. Remedy

29. Widgco hires Zuckerman (a real dumb butt) to be one of its agents. Widgco will not be liable to a third party for a tort that Zuckerman commits:.

a. Unless Widgco instructed Zuckerman to commit the tort..

b. Unless the tort was committed within the scope of Zuckerman’s agency relationship with Widgco.

c. If Widgco’s agency agreement withb Zuckerman limits Widgco’s liability for Zuckerman’s torts.

d. If the tort that Zuckerman commits also constitutes a crime.

35. A taxi driver, hurrying to pick up a customer at Oakland International Airport, races through a 20 mph hospital zone at 50 mph and strikes Lou , who is crossing the street in a pedestrian crosswalk. Lou sues the driver and the taxi company. What kind of lawsuit is this?.
a. Contract
b. Negligence
c. Assault.
d. Battery
e. Remedy

Explanation / Answer

1. Plea bargain. Plea bargain is an agreement in which defendant pleads guilty in exchange for some concession by the prosecutor.

2. True. Consent maybe heels as a defense in both criminal and tort cases

3. False.. an organization may be held guilty of a crime, if it's directing mind committed the crime

4. As per social host liability laws, the host of the party, which served excessive alcohol to a person, even if not minor, is held liable if any accident occurs. As per social host laws, adults have a duty to refrain from supplying excessive alcohol, intentionally or negligently to someone who they may know would have driven a car.

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