Question 1

Which of the following statements is true of fraud?

Accepted Answer

A) It can arise only in a few limited circumstances. 
B) It is the use of another person's name,likeness,or other identifying characteristic without permission. 
C) It requires the tortfeasor to misrepresent facts,with reckless disregard for the truth. 
D) It is a completed assault. 
E) It requires an innocent misrepresentation. 
A) It can arise only in a few limited circumstances. 
B) It is the use of another person's name,likeness,or other identifying characteristic without permission. 
C) It requires the tortfeasor to misrepresent facts,with reckless disregard for the truth. 
D) It is a completed assault. 
E) It requires an innocent misrepresentation.

Question 2

_____ provides strong protection for sensationalist "news" organizations that cover celebrity gossip,and courts have held that public figures must show actual malice before they can win a defamation lawsuit.

Accepted Answer

A) The First Amendment 
B) The Fourth Amendment 
C) The Fifth Amendment 
D) The Sixth Amendment 
E) The Eighth Amendment 
A) The First Amendment 
B) The Fourth Amendment 
C) The Fifth Amendment 
D) The Sixth Amendment 
E) The Eighth Amendment

Question 3

A breach is demonstrated by showing the defendant failed to act according to the relevant standard of care.

Accepted Answer

A) True 
 B)False

Question 4

_____ is a defense which bars the plaintiff from recovery because the plaintiff voluntarily and knowingly assumed known perils.

Accepted Answer

A) Assumption of risk 
B) Contributory negligence 
C) Comparative negligence 
D) Joint and several liability 
E) The Good Samaritan statute 
A) Assumption of risk 
B) Contributory negligence 
C) Comparative negligence 
D) Joint and several liability 
E) The Good Samaritan statute

Question 5

Discuss in brief the three basic affirmative defenses that a defendant being sued for negligence can use.

Accepted Answer

A defendant being sued for negligence ha

Question 6

Which of the following statements is NOT true about the duty of care?

Accepted Answer

A) The general rule in our society is that people are free to act any way they want to,as long as they do not infringe on the freedoms of others. 
B) If a risk of harm is foreseeable,then the duty of care exists. 
C) If a business knows about,or should know about,a high likelihood of crime occurring,then that business must take steps to protect its customers. 
D) The concept of duty is broad and extends beyond those in immediate physical proximity. 
E) The general rules surrounding when a duty exists cannot be modified in special situations. 
A) The general rule in our society is that people are free to act any way they want to,as long as they do not infringe on the freedoms of others. 
B) If a risk of harm is foreseeable,then the duty of care exists. 
C) If a business knows about,or should know about,a high likelihood of crime occurring,then that business must take steps to protect its customers. 
D) The concept of duty is broad and extends beyond those in immediate physical proximity. 
E) The general rules surrounding when a duty exists cannot be modified in special situations.

Question 7

Which of the following is true about the tort of assault?

Accepted Answer

A) In assault,the contact or touching does not have to be in person. 
B) It is a completed battery. 
C) Physical injuries are required for assault. 
D) It is any unconsented touching,even if physical injuries are not present. 
E) A sense of apprehension is enough for assault. 
A) In assault,the contact or touching does not have to be in person. 
B) It is a completed battery. 
C) Physical injuries are required for assault. 
D) It is any unconsented touching,even if physical injuries are not present. 
E) A sense of apprehension is enough for assault.

Question 8

Punitive damages are awarded:

Accepted Answer

A) for medical injuries. 
B) when the defendant acted with willful and wanton negligence. 
C) for loss of a car. 
D) when there are economic injuries such as loss of property. 
E) for pain and suffering. 
A) for medical injuries. 
B) when the defendant acted with willful and wanton negligence. 
C) for loss of a car. 
D) when there are economic injuries such as loss of property. 
E) for pain and suffering.

Question 9

If consumer misuse of a product is foreseeable,manufacturers must warn against that misuse.

Accepted Answer

A) True 
 B)False

Question 10

Intent is transferable from one potential victim to another.

Accepted Answer

A) True 
 B)False

Question 11

Public figures typically have a difficult time winning defamation lawsuits.

Accepted Answer

A) True 
 B)False

Question 12

What are the two theories available to plaintiffs to demonstrate that a product is unreasonably dangerous?

Accepted Answer

To demonstrate that a product is unreaso

Question 13

_____ is the intentional damage of another person's valid contractual relationship.

Accepted Answer

A) Trade disparagement 
B) Malicious prosecution 
C) Breach of fiduciary duty 
D) Abuse of process 
E) Tortious interference 
A) Trade disparagement 
B) Malicious prosecution 
C) Breach of fiduciary duty 
D) Abuse of process 
E) Tortious interference

Question 14

Most states limit Good Samaritan laws to professionals only.

Accepted Answer

A) True 
 B)False

Question 15

Compensatory damages apply to contract law and tort law,but they are much more difficult to calculate in contract law.

Accepted Answer

A) True 
 B)False

Question 16

The tort of false imprisonment requires an actual and present confinement.

Accepted Answer

A) True 
 B)False

Question 17

Many product liability cases arise from the _____ theory because courts have held that the warning labels on products,as well as accompanying literature,are all part of a product's design.

Accepted Answer

The answer of Many product liability cases arise from the...

Question 18

Which of the following laws establish strict liability for taverns,bars,and restaurants for serving alcohol to minor or visibly intoxicated persons who then cause death or injury to others?

Accepted Answer

A) National Minimum Drinking Age Act 
B) Wine and Spirits Fair Dealing Act 
C) Dram shop acts 
D) Ultrahazardous activity acts 
E) Cops in shops acts 
A) National Minimum Drinking Age Act 
B) Wine and Spirits Fair Dealing Act 
C) Dram shop acts 
D) Ultrahazardous activity acts 
E) Cops in shops acts

Question 19

Negligence committed by certain professionals is known as:

Accepted Answer

A) defamation. 
B) injurious falsehood. 
C) malpractice. 
D) negligent entrustment. 
E) vicarious liability. 
A) defamation. 
B) injurious falsehood. 
C) malpractice. 
D) negligent entrustment. 
E) vicarious liability.

Question 20

The tort of tortious interference is similar across all states.

Accepted Answer

A) True 
 B)False

Which of the following statements is true of fraud?

_____ provides strong protection for sensationalist "news" organizations that cover celebrity gossip,and courts have held that public figures must show actual malice before they can win a defamation lawsuit.

A breach is demonstrated by showing the defendant failed to act according to the relevant standard of care.

_____ is a defense which bars the plaintiff from recovery because the plaintiff voluntarily and knowingly assumed known perils.

Discuss in brief the three basic affirmative defenses that a defendant being sued for negligence can use.

Which of the following statements is NOT true about the duty of care?

Which of the following is true about the tort of assault?

Punitive damages are awarded:

If consumer misuse of a product is foreseeable,manufacturers must warn against that misuse.

Intent is transferable from one potential victim to another.

Public figures typically have a difficult time winning defamation lawsuits.

What are the two theories available to plaintiffs to demonstrate that a product is unreasonably dangerous?

_____ is the intentional damage of another person's valid contractual relationship.

Most states limit Good Samaritan laws to professionals only.

Compensatory damages apply to contract law and tort law,but they are much more difficult to calculate in contract law.

The tort of false imprisonment requires an actual and present confinement.

Many product liability cases arise from the _____ theory because courts have held that the warning labels on products,as well as accompanying literature,are all part of a product's design.

Which of the following laws establish strict liability for taverns,bars,and restaurants for serving alcohol to minor or visibly intoxicated persons who then cause death or injury to others?

Negligence committed by certain professionals is known as:

The tort of tortious interference is similar across all states.

Introduction to Law

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Litigation

Alternative Dispute Resolution

The Constitution

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Exam 7: Torts

Which of the following statements is true of fraud?

_____ provides strong protection for sensationalist "news" organizations that cover celebrity gossip,and courts have held that public figures must show actual malice before they can win a defamation lawsuit.

A breach is demonstrated by showing the defendant failed to act according to the relevant standard of care.

_____ is a defense which bars the plaintiff from recovery because the plaintiff voluntarily and knowingly assumed known perils.

Discuss in brief the three basic affirmative defenses that a defendant being sued for negligence can use.

Which of the following statements is NOT true about the duty of care?

Which of the following is true about the tort of assault?

Punitive damages are awarded:

If consumer misuse of a product is foreseeable,manufacturers must warn against that misuse.

Intent is transferable from one potential victim to another.

Public figures typically have a difficult time winning defamation lawsuits.

What are the two theories available to plaintiffs to demonstrate that a product is unreasonably dangerous?

_____ is the intentional damage of another person's valid contractual relationship.

Most states limit Good Samaritan laws to professionals only.

Compensatory damages apply to contract law and tort law,but they are much more difficult to calculate in contract law.

The tort of false imprisonment requires an actual and present confinement.

Many product liability cases arise from the _____ theory because courts have held that the warning labels on products,as well as accompanying literature,are all part of a product's design.

Which of the following laws establish strict liability for taverns,bars,and restaurants for serving alcohol to minor or visibly intoxicated persons who then cause death or injury to others?

Negligence committed by certain professionals is known as:

The tort of tortious interference is similar across all states.

Introduction to Law

The Court System

Litigation

Alternative Dispute Resolution

The Constitution

Contracts

The Property System

Intellectual Property

Criminal Law

Business Organizations

Employment Discrimination

Business in the Global Legal Environment

Filters