Question 1

Most defendants are detained in jail while awaiting trial.

Accepted Answer

Many defendants are released on bail or their own recognizance while awaiting trial, depending on the nature of their charges, their risk of flight, and other factors considered by the court.

Question 2

State courts restricted to misdemeanor cases are generally referred to as courts of limited jurisdiction.

Accepted Answer

Courts of limited jurisdiction typically handle misdemeanor cases, minor civil disputes, traffic violations, and other lower-level offenses, distinguishing them from courts with broader authority over more serious matters.

Question 3

In most states, trial courts of general jurisdiction try felony cases.

Accepted Answer

Trial courts of general jurisdiction have the authority to hear a wide range of cases, including felony cases, which are serious criminal offenses.

Question 4

The stage in the criminal trial process in which the accused is asked to enter a plea to the criminal charge is the arraignment.

Accepted Answer

During the arraignment, the accused is formally charged and asked to enter a plea (guilty, not guilty, or no contest) to the charges.

Question 5

In states that do not routinely use a grand jury, an individual is usually brought to trial after the preliminary hearing when the prosecutor files an indictment.

Accepted Answer

In states that do not use a grand jury, an individual is usually brought to trial after the prosecutor files an "information" following a preliminary hearing, not an indictment. An indictment is specifically the result of a grand jury's decision.

Question 6

When a jury is sequestered, the jurors are isolated so they are not influenced by others.

Accepted Answer

Sequestration of a jury involves isolating the jurors from the public and outside influences to prevent them from being swayed by media coverage or public opinion regarding the case they are deliberating.

Question 7

A tort is a private wrong (excluding breach of contract) for which the law provides a remedy.

Accepted Answer

A tort is indeed a legal term referring to a civil wrong, other than a breach of contract, for which the law provides a remedy to the injured party.

Question 8

As a tort, defamation includes libel and slander.

Accepted Answer

Defamation is a tort that encompasses both libel (written statements) and slander (spoken statements) that unjustly harm someone's reputation.

Question 9

Although employers may be sued for defamation of character for providing derogatory information on a current or former employee, the truth of the information provided is usually a complete defense unless actual malice exists.

Accepted Answer

In defamation cases, truth is generally a complete defense, meaning if the employer provides true information about an employee, they typically cannot be successfully sued for defamation. However, if the employer acts with actual malice—knowingly providing false information or with reckless disregard for the truth—this defense may not apply.

Question 10

Managers may be held liable for negligent hiring and termination of employees but not for negligent supervision.

Accepted Answer

Managers can be held liable for negligent hiring, termination, and supervision of employees if their failure to properly oversee or make informed decisions leads to harm or damages.

Question 11

Enforcement of non-compete and non-solicitation agreements are limitless.

Accepted Answer

Enforcement of non-compete and non-solicitation agreements is often subject to limitations regarding duration, geographic scope, and the scope of activities restricted, to ensure they are reasonable and protect legitimate business interests without unduly restricting an individual's right to work.

Question 12

Administrative law is a product of judicial decisions regarding administrative agencies.

Accepted Answer

Administrative law primarily stems from statutes and regulations created by legislative bodies and administrative agencies, rather than being a product of judicial decisions. Judicial decisions may interpret these laws, but they are not the source.

Question 13

In the United States, personal property includes intangibles, such as information, as well as tangibles, such as physical objects, land, and buildings.

Accepted Answer

Personal property includes intangibles, such as information, and tangibles, such as physical objects, but land and buildings are considered real property, not personal property.

Question 14

Employment laws cover a vast array of common law and statutory provisions designed to regulate contractual relationships.

Accepted Answer

The answer of Employment laws cover a vast array of...

Question 15

Common law is the product of a legislative enactment and is the primary law in the United States today.

Accepted Answer

Common law is based on judicial decisions and precedents rather than legislative enactments, and while it plays a significant role in the U.S. legal system, statutory law enacted by legislatures is also a primary source of law.

Question 16

A crime involves an intentional act or omission to act that is committed in violation of the criminal law.

Accepted Answer

A crime is defined as an intentional act or omission in violation of criminal law, committed without defense or justification, and sanctioned by the state as a felony or misdemeanor.

Question 17

If a private citizen effects an arrest for a felony crime that the citizen did not observe, and no felony crime was in fact committed, the arresting person has protection from civil liability but not criminal liability.

Accepted Answer

A private citizen making an arrest for a felony not committed and not observed by them may be subject to both civil and criminal liability, as they lack the legal authority and proper justification for such an action.

Question 18

A person, whether a police officer or a private citizen, may use whatever non-deadly force is reasonably necessary to protect property.

Accepted Answer

Non-deadly force can be used by anyone, including police officers and private citizens, if it is deemed reasonably necessary to protect property from theft, damage, or trespass, as long as the force used is proportionate to the threat posed.

Question 19

Private (civil) law includes contracts, torts, property law and criminal code violations.

Accepted Answer

Private (civil) law includes contracts, torts, and property law, but not criminal code violations, which are part of public law.

Question 20

Embezzlement refers to misappropriation of property by one to whom the property, usually liquid assets, is entrusted.

Accepted Answer

Embezzlement is indeed the act of withholding assets for the purpose of conversion (theft) of such assets, by one or more individuals to whom these assets were entrusted, either to be held or to be used for specific purposes. The person doing this is usually someone who was given the authority to manage or monitor someone else's money or property, such as an employee or agent.

Quiz 3: Legal Aspects of Security