4. The burden of proof in a civil case is: a) By a preponderance of the evidence.
b) By clear and convincing evidence.
c) Beyond a reasonable belief.
d) Beyond a reasonable doubt.

5. The two types of Discovery in a civil case are and .

6. In a short sentence, explain the difference between the two types of Discovery listed in Question 5:

7. Name 4 types of Dispute Resolution:

8. Which of the following statements is not true?
a) You do not have an absolute right to appeal a case to a mid level appellate court.
b) You can be charged with both a crime and sued civilly for an incident involving facts recognized as an intentional tort.
c) You have an absolute right to have your case heard on appeal to the U. S. Supreme Court.

9. True or False: Administrative Agencies are part of the Executive Branch of Government, but also perform legislative and judicial functions.
a) True
b) False

10. True or False: The burden of proof in a civil case is never greater than in a criminal case.
a) True
b) False

11. Which of the following is not a court in the state court system of Pennsylvania?
a) Common Pleas Court
b) Superior Court
c) Magisterial District Court
d) Circuit Court of Appeals

12. Which of the following situations can be both a crime and an intentional tort?
a) You accidently open a door a strike someone in the face, knocking out their teeth.
b) You spill your coffee on someone’s arm, severely burning them.
c) You become angry when you are given a D+ on your philosophy exam and punch the professor in the face.
d) All of the above.

13. Constitutional Rights in Criminal Proceedings include all but which of the following:
a) Right to a Jury Trial.
b) Right to Legal Counsel.
c) Right to have your case heard by a jury from your state if you are charged in a state you do not reside in (change of jurisdiction).
d) Right to not incriminate yourself.

14. Name 4 intentional torts and give an example of each:

15. True or False: A touching is necessary for the intentional tort of battery but is not necessary for the intentional tort of assault.
a) True
b) False

17. The criminal version of conversion is called:
a) Theft by unlawful taking.
b) Interference with a contract.
c) Identity Theft.
d) None of the above.

18. Name the main elements of Negligence:

19. In negligence, when a person helps to cause their own injuries, they can be barred from full or potentially any recovery of their damages by what two defenses?

20. True or False: A defendant in a negligence action will only be liable for the breach of duty that caused someone other than the plaintiff’s injuries.
a) True
b) False

21. Explain very briefly at least 2 differences between a crime and an intentional tort :

22. Name two of the procedural rights that citizens have when charged with a crime, along with the U. S. Constitutional Amendments in which each of those procedural rights is found:

23. Explain in your own words whether or not attorneys help or hinder the legal process:

24. Name the levels of courts within the U. S. Federal Court system and the levels in the Pennsylvania state court system:

Federal: Pennsylvania:

25. Name the 2 intentional torts of defamation and briefly explain the difference between the two: (if you also discuss the third intentional tort in this area involving business situations, 2 extra points)

Bonus Question (2 points): Name the type of education needed to be a Magisterial District Judge in Pennsylvania: