Each question is worth 2 points, for a total of 100 points. True / False 1. Statutory law is created by legislatures. 2. A trial court is also known as a court of appellate jurisdiction. 3. Subject matter jurisdiction is a court’s power over the parties in a case. 4. The state court intermediate court of appeal in Wisconsin is the 7th Circuit Court of Appeals. 5. The burden of proof in a civil case is beyond a reasonable doubt. 6. In the case of a strict liability crime, the prosecutor does not have to prove that the defendant had a guilty mind (or criminal intent). 7. Battery is a crime, but not a tort. 8. Fraud is a crime, but not a tort. 9. Insider trading is a type of securities fraud. 10. A felony is punishable by less than one year in jail. 11. The 6th Amendment protects criminal defendants from unlawful searches and seizures. 12. The tort of assault requires the proof of an intentional, unwanted or reasonably offensive bodily contact. 13. Punitive damages are designed primarily to compensate the victim of a tort for the harm caused by the person who committed the tort. 14. To prove a negligence case, the plaintiff must show that the defendant breached his duty of care. 15. Negligence torts require a mens rea. 16. Assumption of the risk cannot be used as a defense in a negligence case. 17. The concept of strict liability can be relevant in both criminal and tort cases. 18. Silence can generally be used indicate the acceptance necessary to form a contract 19. Past consideration or a pre-existing duty are generally not sufficient consideration to create a binding contract. 20. As a general rule, contracts entered into by persons who lack legal capacity are voidable. 21. Minors cannot be held liable for the reasonable value of “necessaries” they receive because the contracts they enter into are voidable. 22. A mutual mistake of fact can serve as grounds to rescind a contract. 23. Fraudulent misrepresentation can be considered a crime, a tort, or a reason for rescinding an otherwise valid contract. 24. 25. Matching: Match the word or phrase with its definition. You will NOT use all of the lettered definitions. 26. De novo _____ 27. Standing _____ 28. Actus reus _____ 29. Arbitration _____ 30. Service of Process _____ 31. Indictment _____ 32. Mens rea _____ 33. Clearly erroneous _____ 34. Tortfeasor _____ 35. Actual cause _____ 36. Mailbox rule _____ 37. Reasonable person standard _____ 38. Comparative negligence _____ 39. Proximate cause _____ 40. Consideration _____ A. The “guilty act” element of a crime. B. A bargained-for exchange. C. A determination that the defendant’s breach of duty resulted directly the plaintiff’s harm. D. Findings of fact made by a trial court are reviewed under this standard. E. A type of ADR involving a neutral third party decision-maker. F. The extent to which the defendant in a negligence case may be held responsible for his actions ...

1. Each question is worth 2 points, for a total of 100 points.
True / False
1. Statutory law is created by legislatures.
2. A trial court is also known as a court of appellate
jurisdiction.
3. Subject matter jurisdiction is a court’s power over the
parties in a case.
4. The state court intermediate court of appeal in Wisconsin is
the 7th Circuit Court of Appeals.
5. The burden of proof in a civil case is beyond a reasonable
doubt.
6. In the case of a strict liability crime, the prosecutor does not
have to prove that the defendant had a guilty mind (or criminal
intent).
7. Battery is a crime, but not a tort.
8. Fraud is a crime, but not a tort.
9. Insider trading is a type of securities fraud.
10. A felony is punishable by less than one year in jail.
11. The 6th Amendment protects criminal defendants from
unlawful searches and seizures.

2. 12. The tort of assault requires the proof of an intentional,
unwanted or reasonably offensive bodily contact.
13. Punitive damages are designed primarily to compensate the
victim of a tort for the harm caused by the person who
committed the tort.
14. To prove a negligence case, the plaintiff must show that the
defendant breached his duty of care.
15. Negligence torts require a mens rea.
16. Assumption of the risk cannot be used as a defense in a
negligence case.
17. The concept of strict liability can be relevant in both
criminal and tort cases.
18. Silence can generally be used indicate the acceptance
necessary to form a contract
19. Past consideration or a pre-existing duty are generally not
sufficient consideration to create a binding contract.
20. As a general rule, contracts entered into by persons who
lack legal capacity are voidable.
21. Minors cannot be held liable for the reasonable value of
“necessaries” they receive because the contracts they enter into
are voidable.
22. A mutual mistake of fact can serve as grounds to rescind a
contract.
23. Fraudulent misrepresentation can be considered a crime, a
tort, or a reason for rescinding an otherwise valid contract.

3. 24.
25.
Matching: Match the word or phrase with its definition. You
will NOT use all of the lettered definitions.
26. De novo _____
27. Standing _____
28. Actus reus _____
29. Arbitration _____
30. Service of Process _____
31. Indictment _____
32. Mens rea _____
33. Clearly erroneous _____
34. Tortfeasor _____
35. Actual cause _____
36. Mailbox rule _____
37. Reasonable person standard _____
38. Comparative negligence _____
39. Proximate cause _____
40. Consideration _____
A. The “guilty act” element of a crime.
B. A bargained-for exchange.
C. A determination that the defendant’s breach of duty resulted
directly the plaintiff’s harm.
D. Findings of fact made by a trial court are reviewed under
this standard.
E. A type of ADR involving a neutral third party decision-
maker.

4. F. The extent to which the defendant in a negligence case may
be held responsible for his actions based upon the foreseeability
of the plaintiff’s damages.
G. Conclusions of law made by a trial court are reviewed under
this standard.
H. The defendant in a negligence case.
I. Used to determine the timing of contractual acceptance.
J. The legal right to bring an action in court.
K. The “guilty mind” element of a crime.
L. Used as a defense to negligence by the defendant to shift
responsibility to the plaintiff.
M. The measure by which the actions of a defendant in a
negligence case are judged.
N. The process of bringing a written accusation (charges)
against a criminal defendant.
O. The process of delivering a copy of the summons and
complaint to the defendant in a lawsuit.
P. The way in which a reasonable person treats you during
contract negotiations.
Q. Used as a defense to a crime by the defendant to evade
prosecution by blaming others for the defendant’s actions.
Short Answer. Complete the sentence.

5. 41. The three threshold requirements that must be met before a
case makes it to court are _______________,
_______________, and _______________.
42. The elements of most crimes include both a
_______________ and a _______________.
43. The elements of a negligence tort are: _______________,
_______________, _______________, _______________, and
_______________.
44. The three main elements of a contract are:
_______________, _______________, and _______________.
45. The sub-elements of _______________ , _______________
and _______________ make up the element of a contractual
offer.
46. Contracts that must be in writing in order to be valid
include contracts for _______________ , contracts for
_______________, and contracts _______________.
47. The requirements of writing sufficient to satisfy the Statute
of Frauds under common law are: _______________ ,
_______________, _______________ , _______________, and
_______________.