The first amendment's guarantee of free speech applies to:
a. Corporate political speech
b. Commercial speech
The crime of larceny includes in it's definition:
Trespassing and taking and carrying away of personal property.
The defense of entrapment arises when?
A police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so
How much force may an individual use to protect their property?
Reasonable force, but not deadly force
Two boys held up a liquor store at gunpoint and ran off with a bag of money. The police saw them run into Jill's apartment building where there are only four apartments off a common hall and no apparent way out of the building but through the front door. The police knock on Jill's door. Jill says, "I'm the only one here." What can the police do?
Search the apartment without a warrant, because they are in hot pursuit of the thieves.
Anita tells Bob that unless Bob pays her $5000, she will tell his customers that he was once arrested for shoplifting as a teenager. The fact that Bob shoplifted as a teenager is true. What crime has been committed?
An employer directs his vice president of marketing to fix prices with their companies competitors. If the employee does so, who is liable?
The employer and the vice president
Under the common law as well as most statutes, ____________ is larceny with the additional elements that the property is taken from the victim or in the immediate presence of the victim and the act is accomplished through either force or threat of force.
The privilege against self-incrimination extends to which of the following?
None of the above
Paul, a police officer, is working as an undercover drug agent. He enrolls in classes at the local university where he meets several students in business administration and invites them to come to his house for a party. No mention is made of any drugs, but he says, "We'll have a keg of beer." His guests arrive and he pulls out some marijuana and offers it to the group. The business students all refuse except for Sam. Sam has never tried it before. So when Paul encourages Sam to try it and Sam lights up the joint. Paul then arrests Sam for possession of a controlled substance. Where does that put Sam?
He can put a defense of entrapment and that Paul enticed him to do the drugs without ever having done it before.
The degrees of mental fault in criminal law include which of the following?
a. Subjective fault
b. Objective fault
c. Liability without fault
Tim and Steve are rough housing in Tim's parent's front yard. When Steve intentionally pushes Tim onto the neighbor's property. What is this considered?
Franco has the permission of George to walk across his yard on the way to school. If Franco brings twenty of his friends across the yard and they stop to play ball, is anyone guilty of anything?
Franco and his friends are guilty of trespassing on real property.
What are two absolute defenses to the tort of defamation?
Bodily contact that is harmful or offensive can give rise to the tort of _________.
Most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect ______________.
a. For not more than a reasonable time
b. In a reasonable manner
c. With probable cause
Ashley wrote a defamatory letter regarding Brian, which she mailed to Brian, but which she did not show to anyone else. What crime has Ashley committed?
Neither liable nor slander, because there has been no publication of the letter.
Arnold wrote a defamatory letter regarding Bill, which he did not show to anyone, but which he posted on a bulletin board in the Laundromat. Arnold has committed what crime?
The tort of liable
Claudia's baby daughter, Carey Ann, is snatched from her arms at the grocery store. The kidnapper threatens to drop the baby if the store does not hand over the contents of the vault. What may Claudia do?
Shoot the kidnapper; since she can protect the baby in the same way she can protect herself.
An absolute privilege exists to protect which of the following defendants in defamation cases?
a. Members of Congress on the floor of Congress
b. Statements made by the President
c. Statements about a 3rd party made to one's spouse after the couple is alone