Conspiracy

Description: This quiz is designed to test your knowledge of the legal concept of conspiracy, including its elements, defenses, and remedies.
Number of Questions: 14
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Tags: law tort law conspiracy
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What is the first element of conspiracy?

  1. An agreement between two or more persons

  2. An overt act in furtherance of the conspiracy

  3. Damages resulting from the conspiracy

  4. Intent to commit an unlawful act


Correct Option: A
Explanation:

The first element of conspiracy is an agreement between two or more persons to commit an unlawful act or to achieve a lawful purpose by unlawful means.

Which of the following is not a defense to conspiracy?

  1. Lack of capacity

  2. Mistake of fact

  3. Withdrawal from the conspiracy

  4. Duress


Correct Option: A
Explanation:

Lack of capacity is not a defense to conspiracy because it does not negate the existence of the agreement or the intent to commit an unlawful act.

What is the most common remedy for conspiracy?

  1. Damages

  2. Injunction

  3. Rescission

  4. Specific performance


Correct Option: A
Explanation:

Damages are the most common remedy for conspiracy because they compensate the victim for the losses suffered as a result of the conspiracy.

Which of the following is not an element of civil conspiracy?

  1. An agreement between two or more persons

  2. An overt act in furtherance of the conspiracy

  3. Damages resulting from the conspiracy

  4. Intent to commit an unlawful act


Correct Option: C
Explanation:

Damages resulting from the conspiracy are not an element of civil conspiracy, but rather a consequence of the conspiracy.

What is the difference between civil and criminal conspiracy?

  1. Civil conspiracy requires an overt act, while criminal conspiracy does not.

  2. Criminal conspiracy requires an overt act, while civil conspiracy does not.

  3. Civil conspiracy requires intent to commit an unlawful act, while criminal conspiracy does not.

  4. Criminal conspiracy requires intent to commit an unlawful act, while civil conspiracy does not.


Correct Option: B
Explanation:

The main difference between civil and criminal conspiracy is that criminal conspiracy requires an overt act in furtherance of the conspiracy, while civil conspiracy does not.

Which of the following is not a type of conspiracy?

  1. Horizontal conspiracy

  2. Vertical conspiracy

  3. Intrastate conspiracy

  4. Interstate conspiracy


Correct Option: C
Explanation:

Intrastate conspiracy is not a type of conspiracy because it does not involve commerce between two or more states.

What is the statute of limitations for civil conspiracy?

  1. One year

  2. Two years

  3. Three years

  4. Four years


Correct Option: D
Explanation:

The statute of limitations for civil conspiracy is four years in most jurisdictions.

Which of the following is not a factor that courts consider when determining whether a conspiracy exists?

  1. The relationship between the parties

  2. The nature of the agreement

  3. The purpose of the agreement

  4. The presence of an overt act


Correct Option: D
Explanation:

The presence of an overt act is not a factor that courts consider when determining whether a conspiracy exists because it is not an element of conspiracy.

What is the difference between a conspiracy and a joint venture?

  1. A conspiracy is an agreement to commit an unlawful act, while a joint venture is an agreement to share profits and losses.

  2. A conspiracy is an agreement to share profits and losses, while a joint venture is an agreement to commit an unlawful act.

  3. A conspiracy is an agreement between two or more persons, while a joint venture is an agreement between three or more persons.

  4. A conspiracy is an agreement between three or more persons, while a joint venture is an agreement between two or more persons.


Correct Option: A
Explanation:

The main difference between a conspiracy and a joint venture is that a conspiracy is an agreement to commit an unlawful act, while a joint venture is an agreement to share profits and losses.

Which of the following is not a type of civil conspiracy?

  1. Horizontal conspiracy

  2. Vertical conspiracy

  3. Price-fixing conspiracy

  4. Bid-rigging conspiracy


Correct Option: D
Explanation:

Bid-rigging conspiracy is not a type of civil conspiracy because it is a criminal offense.

What is the difference between a conspiracy and a cartel?

  1. A conspiracy is an agreement between two or more persons, while a cartel is an agreement between three or more persons.

  2. A conspiracy is an agreement between three or more persons, while a cartel is an agreement between two or more persons.

  3. A conspiracy is an agreement to commit an unlawful act, while a cartel is an agreement to share profits and losses.

  4. A cartel is an agreement to commit an unlawful act, while a conspiracy is an agreement to share profits and losses.


Correct Option:
Explanation:

The main difference between a conspiracy and a cartel is that a cartel is an agreement to share profits and losses, while a conspiracy is an agreement to commit an unlawful act.

Which of the following is not a type of conspiracy?

  1. Horizontal conspiracy

  2. Vertical conspiracy

  3. Monopoly conspiracy

  4. Oligopoly conspiracy


Correct Option: C
Explanation:

Monopoly conspiracy is not a type of conspiracy because it is a criminal offense.

What is the difference between a conspiracy and a trust?

  1. A conspiracy is an agreement between two or more persons, while a trust is an agreement between three or more persons.

  2. A conspiracy is an agreement between three or more persons, while a trust is an agreement between two or more persons.

  3. A conspiracy is an agreement to commit an unlawful act, while a trust is an agreement to share profits and losses.

  4. A trust is an agreement to commit an unlawful act, while a conspiracy is an agreement to share profits and losses.


Correct Option:
Explanation:

The main difference between a conspiracy and a trust is that a trust is an agreement to share profits and losses, while a conspiracy is an agreement to commit an unlawful act.

Which of the following is not a type of conspiracy?

  1. Horizontal conspiracy

  2. Vertical conspiracy

  3. Restraint of trade conspiracy

  4. Unfair competition conspiracy


Correct Option: D
Explanation:

Unfair competition conspiracy is not a type of conspiracy because it is a civil offense.

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