Question

True or False

1. T: Once a duty is assumed, the actor must continue to aid, to the best level that they are currently capable
2. Corporate officers may be found liable for the criminal conduct of the corporation
3. The standard for trying a criminal case is beyond all possible doubt
4. A breach of contract action can never be a tort
5. To prove negligence we must have a duty, a breach of that duty, proximate cause, and damages.
6. Nuisance is intentional interference with another’s use and enjoyment of their property.
7. In Massachusetts, deadly force is only that level of force which causes death.
8. In Massachusetts the good samaritan statute, protects those who aid others in distress as long as they have acted without the expectation of monetary gain.
9. In a contributory negligence system we compare the relative negligences of the parties to determine amounts of recovery.
10. In a cilvil case of negligence we must look to the subjective intention of the parties who was negligent to determine if they are at fault
11. In a criminal trial the jury must by majority find the defendant guilty beyond a reasonable doubt for each and every element of the offense
12. Benefit corporation has as it’s highest priorities benefiting its stockholders
13. In a trial before a jury, the judge makes findings of fact as well as findings of law.
14. Kantian philosophy states that individuals should evaluate their actions in light of the consequences that would follow if everyone in society acted in that same way.
15. In a criminal case the standard of proof is by the preponderance of the evidence, i.e moral certainty
16. Proximate cause is that casual chain which is reasonably foreseeable
17. In a criminal trial if the prosecution proves, beyond a reasonable doubt, greater than 90% of the elements of the crime then in that event the prosecution is granted one more opportunity to try and convict the defendant, But it must be at new trial at another time.
18. Under the natural law theory we define the good as the greatest good to the greatest number of people.
19. In Massachusetts there is no assumption of risk, unless that assumption of risk is in writing
20. If a store owner knows of a hazardous condition and uses a caution floor wet sign, and if a person slips on the area because they failed to see the warning sign, which was conspicuously placed near the water, the store will be free from liability.
21. F: The US constitution and bill of rights were signed on 9.17, 1787
22. Because it is a fundamental right the 1st amendment guarantees the public the right of free speech under any and all circumstances
23. Self defense is always the use of equal and opposite force
24. Compliance with the law is considered the moral minimum
25. Compensatory damages are those damages which naturally flow from the incidental damages
26. If a person is summoned to court to be a witness in a criminal case against a friend. The witness, who committed no crime from forcing one to testify in a criminal case
27. Trespass is intentionally breaking the close of another by either direct or indirect means.
28. In Massachusetts, one can only use the doctrine of assumption of risk if there is reasonable notice i.e with a sign.
29. The wickard test states that if the state or private activity involved effects interstate commerce then the federal government through the commence clause may pass laws which regulate that activity.
30. In a comparative negligence state we always compare the relative negligence of the parties
31. If a person is being sued civilly there will never be the possibility of jail time as a sentence
32. If a person is lost and breaks the close of another directly as opposed to indirectly, then they cannot be found responsible for a trespass because the lacked the intent to trespass.
33. The rule of precedence states that a court must follow a prior court’s decision if the facts of the case at hand are identical to the prior case

Answer 1