CHAPTERS 3 & 4 STUDY GUIDE

Arson- the willful and malicious burning of a house or building.

Assault- an attempt to commit battery.

Assumption of risk- The negligence defense that might be used by a baseball club that is sued by spectators.

Battery- the unlawful touching of another person.

Breach of duty- is the element of negligence that involves the failure to act as a reasonable person.

Burglary- breaking and entering a place with the intent to commit a felony or misdemeanor.

Comparative negligence- The doctrine where the amount of the plaintiff’s recovery is reduced by the percent of his or her negligence.

Crime- an offense against the public at large.

defamation the wrongful act of injuring another person’s reputation by making false statements.

Defendant- the person being tried for a crime.

Defense of family members- may be claimed by a father who uses force to save his child from an attack.

Embezzlement The wrongful taking of another’s property by a person who has been entrusted with that property.

Entrapment- when a law enforcement officer induces a law-abiding citizen to commit a crime.

Felony a major crime punishable by imprisonment or death.

Intentional tort- is a wrong committed by a person who knows and wants the resulting consequences.

Kidnapping- occurs when a person is removed or restrained against their will.

Larceny- the unlawful taking and carrying away of the personal property of another with the intent to deprive the owner of the property. shoplifting is a form of.

Manslaughter- The unlawful killing of one human being by another, without malice or aforethought.

Misdemeanor- a less serious crime with a possible penalty of a fine or brief imprisonment in a county or city jail.

Murder- the unlawful killing of another human being with malice aforethought.

Negligence- the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.

Nuisance- loud noises late at night, noxious odors, and fumes coming from a nearby house are examples.

Plaintiff- a representative of the government in a criminal proceeding.

Prosecutor- the government attorney who presents the case in court against the person accused.

Required state of mind- one of the elements that define a crime (2) the criminal act.

Robbery- the wrongful taking and carrying away of the personal property of another through violence.

Slander- is a false statement made orally to a third party.

Strict liability- People who are engaged in ultrahazardous activities may be held liable even without negligence or malice.

Tort- a private wrong committed by one person against another.

Trespass- A wrongful injury to, or interference with, the property of another.

Are lookouts for a crime liable for the crime? Yes

THE END!!! GO FORTH AND STUDY !!!