Name: Tasnim Hossain Momia
ID# 2762363
FINAL EXAM
Essay answers:
1) Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages.
Negligence is the most common tort. Unlike intentional torts in which the defendant possessed the intent or purpose to inflict the resultant injury, intent is not required for negligence. However like other torts, it involves the elements of duty, breach of duty, causation and injury.
This case is under negligence. The general duty imposed by negligence law is the reasonable man standard, which means that we act with the care and good judgment of a reasonable person as not to cause injury to others. Children under the age of 7 are incapable of negligence but in this case the child was an eight year old so he did have a duty in negligence. A reasonable person would not litter food on the floor. Thus the child clearly breached the reasonable man standard and a violation of his duty occurred. Susie slipping and falling was caused by the obnoxious child dumping the mess of pasta on the floor intentionally, which he always kept doing. It is reasonably foreseeable that falling on the floor will cause some sort of injury to Susie.

I believe as a defense to negligence in this case Susie may not get the child to pay any damages which may have been caused to her. Susie had seen the eight year old boy being messy and acting naughty since she entered the restaurant as the boy was sitting on the next table to her. She knowingly used the same route to get back to her table after using the restroom. So basically Susie, the plaintiff, was aware of the danger but decided to subject herself to the risk anyway. This is called assumption of risk. This also falls under contributory negligence which holds that the plaintiff who is partially at fault for his own injury cannot recover against the negligent defendant. I think Susie should have looked where she was walking as she knew about the boy's mischievous behavior.

2) A crime is defined as any act done by an individual in violation of those duties that he or she owes to society and for the breach of which the law provides that the wrongdoer shall make amends to the public.
There are three classifications of crimes known as Felony, Misdemeanor and Violation. In this case Tom and his friend John violated the law in two ways. Violation is the least serious of crimes among the three. The first violation was done by Tom for speeding. Misdemeanor are less serious than felonies. They are crimes mala prohibita, which means they are not inherently evil but are prohibited by societies. John was engaged in misdemeanor by carrying a stick of marijuana.
Crimes under violation are generally punishable by fines. Occasionally a few days of imprisonment are imposed depending on the degree of the crime. Tom can get a speeding ticket only in this case. However misdemeanor carry lesser penalties than felonies. They are usually punishable by fines and/or imprisonment for one year or less. John was arrested by Officer Smith. Most crimes require criminal intent to be proven before the accused can be found guilty of the defined crime. For a person to be found guilty on an intent crime, two elements must be proven called criminal act and criminal intent. Criminal act is also called actus reus. In this case John did perform the prohibited act by carrying a marijuana cigarette. Criminal intent is also known as mens rea. Again John can be found guilty under an intent crime as he possessed the requisite state of mind when the act was performed. Meaning John did know that carrying marijuana is illegal and he still chose to do so. As a result John can be taken to court and the marijuana will be an admissible evidence in court against John.

3)The Officer can arrest John in this case without an arrest warrant as there was no time to obtain one and it is not feasible to do so. Also there is a probably cause behind the arrest as otherwise there is a likelihood of John committing a crime, i.e. smoking marijuana or fleeing the scene where he was stopped by the Officer. The officer will go before a judge and present the evidence that he collected from John while arresting him. The judge can now issue an arrest warrant if he/she sees a probable cause.
After John is arrested, he will be taken to the police station to be booked. Booking is the administrative procedure for recording an arrest, fingerprinting the suspect, taking a can photograph of the suspect, etc.
An accused person must be formally charged with a crime before he or she can be brought to trial. In this case John can be. He will brought before a magistrate (judge). If the magistrate finds that there is enough evidence to hold the accused for trial, then he/she will issue an information statement.
After an indictment or information is issued, John will be brought before a court for an arraignment proceeding, during which he is informed of the charges against him and asked to enter a plea. John may either plead guilty or not guilty.
John and the government may then enter into a plea bargain negotiations prior to trial with the intent of avoiding a trial. If there is an agreement, then the government and John will execute a plea bargaining agreement that sets forth the terms of their agreement.
After this comes the stage of a criminal trial. At a criminal trial, all twelve jurors must unanimously agree before finding John guilty. None of the jurors can disagree as there can be no reasonable doubt as to the defendant's guilt. If all the jurors agree that John did not commit the crime then he will be found not guilty.
After the trial if John is found guilty, he may appeal. However if he is found not guilty, the government cannot appeal. If the jury cannot come to an unanimous decision about John's guilt then the jury is considered a hung jury. In this case the government may choose to retry the case before a new judge and jury.

Short Answers:
5)There are many sources of law in the United States. Below are three sources of laws in the United States described:- * Common Law/ Case Law: These are laws created by the judiciary as a result of interpreting existing laws. The higher judicial courts and state appellate courts have the power to create laws based on the decisions they made in trial, once those courts create the law, the lower courts must abide by the new law. * Statutory Law: This is also called statute law. A statute is a written law passed by a legislature on the state or federal level. A statute may forbid a certain act, direct a certain act, make a declaration or set forth governmental mechanisms to help their society. A statute begins as a bill proposed or sponsored to a legislator. If the bill survives the legislative committee process and is approved by both houses of the legislature, the bill becomes law. When a bill becomes law, the various provisions in the bill are called statutes.

Administrative Law: Administrative law refers to the regulations created by administrative agencies. Administrative agencies are created by the legislature by what are called “enabling” statutes. Generally, administrative agencies are created to protect a public interest rather than to support private rights.

6)The three classification of crime along with their basic concepts are listed below:- * Felony: They are the most serious kinds of crimes. They are mala in se (inherently evil) and are usually punishable by imprisonment. Example of a felony is first degree murder. * Misdemeanor: These crimes are less serious than felonies. They are mala prohibita, which means they are not inherently evil but is prohibited by society. They are usually punishable by fine and/or imprisonment for less than a year. Examples of misdemeanor can be robbery, burglary, etc. * Violation: They are the least serious of crimes. They are generally punishable by a fine and occasionally a few days of imprisonment may be imposed. Examples of violation are traffic violation, jaywalking, etc.

7)Many a times, two or more creditors claim an interest in the same property. The order in which conflicting claims of creditors in the same collateral are solved is called priority of claims. * A creditor who has the only secured interest in the debtor's collateral has priority over unsecured interests. * If two or more secured parties claim an interest in the same collateral but neither has a perfected claim, the first one to attach has priority. * Whoever has perfected his or her security interest among the secured parties, has priority. * If two or more parties have perfected security interests in the same collateral, the first to perfect, i.e. taking possession of the collateral, has priority.

8) Water pollution leads to many negative effects in the world . * Water pollution affects human and animal health. Pollution of waterways by industries and humans has made water sources unsafe for consumption by humans, fish, birds and animals. Drinking contaminated water may cause diseases such as cholera, skin diseases, cancer, etc. * It also affects the business. Water pollution may lead to death of fishes as it destroys life in the water based ecosystem, which in turn disrupts natural food chain. A lot of businesses rely on selling fishes for making a living. Undoubtedly those businesses will be hampered greatly . * Water that has been contaminated by oil spills has killed many dolphins and water birds in the past.

True/False
A person accused o f a crime in the United States is presumed guilty until proven innocent. ________False______
A promise to perform a service is valid consideration for a contract. ___True_____
As a general rule, E Contracts are not enforceable. ____False_______
Robbery, burglary and larceny are all classifications of theft crimes. ____True________
A 17 year old boy lacks the capacity to enter into a contract. ___True_________
Price fixing occurs when competitors in different lines of business agree to set the price of goods they sell. _____False______
The 5th Amendment protects people from unreasonable search and seizure of the person and property. ______False_____
Collateral refers to a secured interest in a debtor's property. ____True_________
The Sherman Antitrust Act is intended to prohibit certain anticompetitive activity. ____True_________
Employers can be responsible for the tortious acts of their employees, through the doctrine of respondent superior. ____True_________
The Environmental Protection Agency (EPA) was created to regulate meat, poultry and other food products. ____False_________
A debtor is the person who lends money. ____False__________
The Supreme Court is the highest Court of the United States. _____True________
The President of the United States can veto a law that has been passed by Congress. _____True______
Bernie Madoff was a ethical businessman. _____False____
Fraud occurs when one person consciously induces another to rely or act on a misrepresentation. _____True_______
An apparent agency exists when to parties have intentionally and actually created the relationship. ___False____________
A fiduciary has a legal responsibility to act adverse to the interest of his/her principal. ______False________
A Power of Attorney is an express agency agreement. _____True__________
A independent contractor is another term for an employee. ___False_______