Instructions: Answer each question Legibly by PRINTING the appropriate answer in the space provided.

(1 - 4) List the four elements of a Tort:

5. Due care is the amount of care that a reasonable person would use under similar circumstances.

6. Criminal and civil cases share the same burden of proof.

7. A New York State criminal case is titled ________________________ v Joe Blow (Defendant).

8. The Standard of Proof in a criminal case is Preponderance of the Evidence.

9. The Standard of Proof in a criminal case is Beyond a Reasonable Doubt.

10. County Court has jurisdiction over both civil and criminal matters.

11. The victim is the "Plaintiff" in a criminal case.

12. Res Judicata is the civil equivalent of double jeopardy.

13. Subject Matter Jurisdiction is the constitutional requirement that the defendant have certain minimal contacts with the forum in which the court sits.

14. Subject Matter Jurisdiction is obtained when one is personally served a summons and complaint.

15. An Affidavit of Service must be filed with the court to in order to confirm personal jurisdiction.

16. The defendant files the summons and complaint which initiates a civil matter.

17. The plaintiff files the summons and complaint which initiates a civil matter.

18. The Discovery process allows all parties on a lawsuit to exchange information.

19. Interrogatories are a form of discovery where all parties question a witness at a deposition.

20. Depositions usually do not involve the court.

21. As a general rule, a party who calls a witness may question them through direct examination, and not cross examination.

22. The same conduct can produce both civil and criminal liability.

23. The 4^th Amendment covers issues concerning the death penalty, double jeopardy, self-incrimination and the right of general due process.

24. The 5^th Amendment covers issues concerning the death penalty, double jeopardy, self-incrimination and the right of general due process.

25. The people must prove each and every element of the

offense charged by a standard of proof of clear and

convincing evidence.

26. The Defendant must disprove each element of the offense

charged by a standard of proof which requires proof beyond

a reasonable doubt.

27. Bail can be set on a defendant at his arraignment.

28. Absent a warrant, the police must have probable cause to arrest someone.

29. In a civil case, if you cannot afford an attorney, one will be provided for you free of cost.

30. In a criminal case, if you cannot afford an attorney, one will be provided for you free of cost.

31. In a civil case, a defendant can counter sue a plaintiff.

1. - 35) List four reasons why plea bargaining is prevalent and practical in many criminal cases:
2. 32. _______________________________________
4. 33. _______________________________________
6. 34. _______________________________________
8. 35. _______________________________________

(36 - 37) The 2 types of causation are:

36. _________________________________________________

37. _________________________________________________

38. In New York Supreme Court, a majority of the jurors must vote to convict in order for a defendant to be guilty.

39. NY recognizes the McNaughton (Right/Wrong) Insanity Defense test.

40. You must have both mens rea and actus reus in order for a crime to be committed.