MindTap: Worksheet 10.1: Civil Law and Criminal Law & Criminal Liability

An individual who has been the subject of a crime can prosecute the alleged criminal.

False

Drag and drop the appropriate words to complete the following:

a. Party who brings suit

Civil Law: The person who suffered harm.

Criminal Law: The _____.

b. Wrongful act

Civil Law: Causing harm to a person or to a person's _____.

Criminal Law: Violating a _____ that prohibits some type of activity.

c. Burden of proof

Civil Law: _____ of the evidence.

Criminal Law: Beyond a _____ doubt.

d. Remedy

Civil Law: Damages to compensate for the harm or a decree to achieve an equitable result.

Criminal Law: Punishment (fine, imprisonment, or death)

a. state

b. property; statute

c. preponderance; reasonable

A physical attack can be a tort, a crime, or both.

True

Which tort provides a basis for a criminal prosecution as well as for a tort action?

Battery

Generally, for a criminal act to have occurred, a person must have committed the guilty act and had a wrongful mental state.

True

Which person can be judged criminally reckless?

A person who consciously disregards a substantial and unjustifiable risk

Criminal negligence can occur when a defendant was not aware of the risk, but

should have been aware of it

A homicide is classified as when it results from an act of criminal negligence and there is no intent to kill.

involuntary manslaughter

Many of the more than 4,000 federal criminal offenses do not require a specifically wrongful mental state.

True

Many states have also enacted laws that punish behavior criminally without the need to show criminal intent.

True

In Latin, a wrongful mental state is known as:

mens rea

Because a corporation is a legal entity and not a human being, there can never be corporate criminal liability.

False

Corporations are normally liable for the crimes committed by their agents and employees within the course and scope of their employment.

True

Under the doctrine, a court may impose criminal liability on a corporate officer who knew about a given criminal violation.

responsible corporate officer