5. What are the names of the two parties in a civil case (______ V _________ ) ?
Plaintiff and defendant
6. How is a plaintiff’s attorney paid? How much is the attorney paid? What is the fee called?
The plaintiff’s attorney is paid a percentage of the winning damages (30% to 40%).
7. Identify the defendant in the Hot Coffee case? What were two arguments made by the defendant?
A spokesman for the National Coffee Association says that McDonald’s coffee conforms to industry standards.
Stella Liebeck may have contributed to her injuries by holding the cup between her legs and not removing her clothing immediately.
8. Damages that make up for harm done are called
9. Identify the term for the following definition:Rules and regulations made and enforced by the government (local,state, federal) legislative branch to regulate the conduct of people within a society.
10. How are crimes classified? What are the names of the three categories of crime?
According to seriousness.
Felony, misdemeanor, summary offense
11. In a state using comparative negligence, a jury decides that Jenica (plaintiff) suffered $100,000 in damages from a car crash with Noah (defendant), that Jenica is 30% at fault and Noah is 70% at fault. What is the outcome?
A. Jenica will not recover any money from Noah.
B. Jenica will recover $30,000 from Noah.
C. Jenica will recover $70,000 from Noah.
D. Jenica will recover $100,000 from Noah.
12. All laws are divided into two broad categories . What are the two categories? Give one example for each type of law.
Civil & Criminal
13. Match the following terms to the appropriate type of law (civil law, criminal law or both): unanimous, jury trial, murder, damages, district attorney
Criminal, both criminal, civil, criminal
14. Explain the concept of comparative negligence .
A finding that the plaintiff was partly at fault.
Therefore, the plaintiff does not deserve full compensation for his injuries.
Based on %. For instance, if 40% of the accident was the plaintiff’s fault, the plaintiff’s damages are reduced by 40%.
15. How would you determine if a set of circumstances (such as the Ricky Delrio case) involves civil or criminal law?
Is the act prohibited by society?
Was the act “avoidable” or unavoidable?
Is it a personal wrong ?
Was the act intentional or unintentional?
16. What is not a valid explanation about crime? A. Wrongs against society B. Wrongs against the victim C. Prosecuted by the district attorney D. Preserves peace, order and harmony
B. Wrongs against the victim
17. True OR False-According to our class discussion, actions which are “avoidable” and cause an accident are considered a civil act.
If the act is “avoidable” it’s criminal.
18. Who is responsible for filing charges in a criminal case?
19. A person who commits a civil wrong against another A. Guilty of a crime, B. Guilty of a civil wrong (tort) C. Liable for a crime D. Liable for a civil wrong (tort)
D. Liable for a civil wrong (tort)
20. True or False-The prosecution seeks compensation from the defendant in a criminal case.
The prosecution can request the court to order the defendant to pay restitution .