The burden of proof in a criminal trial is on the government,which most prove its case by a preponderance of the evidence. True False What remedy or consequence is available in criminal cases but is not available for civil cases? -Monetary -Equitable -Incarceration -There are no difference in the remedies available After receiving an unfavorable job performance evaluation, the employee calmly told her supervisor, "Not today, but one day I'll get even with you." What statement is correct? A-The employee can be held liable for the tort of assault because of the threat. B- The employee can be held liable for the tort of assault if the supervisor was apprehensive or fearful of the the employees C- The employees cannot be held liable for the tort of assault because the conversation was privileged. D- The employee cannot be held liable for the tort of assault because the threat of harm was not immediate. Shannon a server at Gracies restaurant accidentally spilled some Ketchup on the dining room floor distracted by customer Shannon forgot about the ketchup two hours later a customer slipped and fell on the ketchup and ending up breaking her leg Gracie may be liable for the customers injury because the doctrine of respondeat superior. True or false If a person is conducting an ultra hazardous or abnormally dangerous activity that causes foreseeable harm to other persons, under which theory of tort law will liability most likely be found? A)International forts B) Negligence C)Strict liability D)Respondeat Superior Jacqueline was The bookkeeper for Vop, Inc. to pay a gambling debt Jacqueline took $5000 in cash that has to be deposited in Vops bank account Jacqueline then Altered Vops accounting records to hide her actions. Jacqueline has been in charged with embezzlement a felony offense what statement is correct concerning Jacqueline's right to a jury trial? A) Jacqueline has the right to a jury trial provided it is an action in equity B) Jacqueline has a right to a jury trial if the possible punishment exceeds five years in prison C) Jacqueline has the right to a jury trial if there is a probable cause that the judge may be biased D) Jacqueline has the right to a jury trial Glinda's boss tells that her she is required to go to the competitors business overnight and burn it down. When does boss tells her that if she doesn't do this he will fire her and kill all of her kittens. Glenda can't bear the thought of losing her kittens so she compiles. If Glinda is charged criminally for her actions, her best chances of prevailing are to use the defense of ? A) Duress B) intoxication C) insanity D)great harm Agency at will is how most employer/employee relationships are classified. True False all theories of tort liability involve the concept of foreseeability True Or false Tort law addresses public wrongs. True or false One single action will be either be civil or criminal but not both. True False If one act is both a crime and a Tort A) the doctorine of res Judicta bars the civil suit B) the doctrine of double jeopardy bars the civil suit. C) Equity requires that the criminal and civil suits be combined D) there may be two separate suits: a criminal lawsuit and a civil lawsuit. The threat or reasonable apprehension of a harmful or offensive contact is a definition of which intentional tort ? A)Assault B)Battery C)Disparagement D)Invasion of Privacy The law of negligence is based on A)Concept of fault B( A policy decision about who should bear the loss C) whether the act was intentional. D) the obviousness of the hazard Selena celebrity is a public figure and want to sue for defamation, she will have to show that the person who made the statement knew they were lying or had a reckless disregard for the truth of the statement True or false