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 ...