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76 Cards in this Set
- Front
- Back
NY doesn't recognize a common law right to privacy?
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False
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A felony may only be charged by a grand jury?
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False
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Taking a child across state lines w/ the intent to induce her into immoral practices violates federal, not state law.
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True
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To be convicted one must have the opportunity to confront the witnesses against him?
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True
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Under the doctrine of share decisis a court may overrule an erroneously decided precedent.
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False
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Military courts are not required to use the reasonable doubt standard in a criminal cases.
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False
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A prosecutor may use circumstantial evidence to convict?
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True
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After a felony conviction, one must spend more than one year in jail.
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False
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Cyberlaw jurisdiction extends to where information is sent to wherever it's received.
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True
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The 4th Amendment forbids self-incrimination.
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False
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When are torts also crimes?
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Fraud, trespass, and nuisance are
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False imprisonment doesn't require much time one held against his will.
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True
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Torture is cruel and inhuman but electrocution is not.
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True
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A party may contract with a minor
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True
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Courts may force a party to contract to specially perform.
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True
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Damages for a breach of contract may be either money, equitable, or both.
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True
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Lack of consideration may be fatal to a contract.
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True
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In order to be found liable for fraud one must possess scienter.
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True
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A design defect may trigger either strict (product) liability or negligence.
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True
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Expert witnesses are not generally necessary in medical malpractice or design defect claims.
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False
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In NY, a violation is not a crime.
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True
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Assumption of risk is an affirmative defense in a tort action.
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True
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An employer may be held liable for an international tort of its employees.
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True
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Business crime is much different than white collar crime.
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False
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Assisting suicide is a crime.
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True
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A police problem is enough for the BEC board to close a disco.
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False
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Strict (or product) liability doesn't require a fault.
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True
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A misdemeanor is a crime with a penalty of a year or less in jail.
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True
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Chuck Berry was convicted of rape.
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False
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A jockey may sue for injuries sustained due to a defect in a race track.
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False
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As a general rule, participants may be held to have consented by their participation to those injury-causing events which are known apparent or reasonably foreseeable consequences.
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True
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In addition to losing personal liberty a criminal may also be fined.
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True
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Ozzy Osbourne was charged with a crime.
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False
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The mirror acceptance rule means that an acceptance to a contract must mirror the offer.
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True
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The parol evidence rule means that no testimony as to contract terms may ever be introduced in court if the court has completed a contract before it.
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False
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The evidentiary standard or proof in a civil case:
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(a) Preponderance of evidence
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Elements in a negligence case are:
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Duty, Damages, Breach of Duty, & Proximate Causation (All of the above)
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The internet began as a project between the govt. and universities to facilitate joint research.
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True
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A publisher may be sued in whatever country an individuals reputation has been harmed.
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True
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Generally the govt. must obtain a warrant before soliciting personal info from ISP
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True
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The govt. may not snoop on the internet without a warrant.
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True
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One has an expectation of privacy on the internet equal to that of personally addressed mail.
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False
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Cyberlaw doesn't identify a particular body of newly recognized law independent from the statutory or common law as we know it.
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True
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The FBI has defined cyber terrorism as "the unlawful use of force or violence against persons or property."
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True
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Internet gambling sites typically consist of web-based virtual casinos and generally are legal if owned by Native Americans.
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False
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An internet service provider is responsible for the validity and editing of uploaded material.
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False
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The internet and worldwide web are one and the same
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True
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Cyber squatting is defined as using the name of another prson or company with the intent to benefit or profit.
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True
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Email is a secure form of communication.
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False
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Slander is the written form of defamation.
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False
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First amendment law as applied to the internet is at this time confusing and contradictory.
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True
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Encryption is the process of transferring info from an unsecured form known as plain text into coded information known as cipher text.
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True
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Children are especially at risk when using the internet.
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True
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Metatags are visisble parts of the source code of a website
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False
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A trademark is defined as "any word, name, symbol, or device, or any combination thereof...used by a person or which a person has bonafied intentition to use in commerce."
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True
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One can be killed when using the internet.
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True
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From a taxation view, the internet has created a virtual or borderless economy.
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True
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An agency comes into being through an enabling statue.
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True
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An agency must give notice before taking administrative action.
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True
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Internal rules govern an agency.
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True
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Ozzy Osbourne had a duty to John
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False
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One does not have to specify the allegations in a fraud complaint.
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False
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Even though a mining company may have no duty to preserve cavities, it may be held liable for damages such cavities cause.
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True
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Harboring a dangerous animal is not a strict liability crime.
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False
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Contributory negligence may bar recovery of damages.
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True
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The standard of proof in a criminal case is beyond all doubt.
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False
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A determination of an administrative body made on a rational basis should not be set aside.
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True
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There is no such thing as a common law crime, they are statutory.
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True
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Criminal statutes require strict scrutinty by the courts.
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True
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The fourth amendment prohibits search and seizure.
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True
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A state may impose a time, space, and manner restriction on the freedom of expression.
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True
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New York has a comparative negligence rule.
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True
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Administrative agencies are composed of experts in the field it monitors or regulates.
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True
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An agency must provide an administrative avenue of appeal.
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False
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An intentional tort requires negligence.
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False
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The evidentiary standard of proof in an administrative hearing is:
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(c) substantial evidence
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