Question 1

Which of the following is an intentional tort?

Accepted Answer

A)  breach of duty of care 
B)  defect in product manufacture 
C)  disparagement 
D)  negligence 
A)  breach of duty of care 
B)  defect in product manufacture 
C)  disparagement 
D)  negligence

Question 2

Under the ________,a plaintiff must be less than 50 percent responsible for causing his or her own injuries.

Accepted Answer

A)  contributory negligence 
B)  merchant protection statute 
C)  attractive nuisance doctrine 
D)  partial comparative negligence doctrine 
A)  contributory negligence 
B)  merchant protection statute 
C)  attractive nuisance doctrine 
D)  partial comparative negligence doctrine

Question 3

Which of the following is true of Good Samaritan laws?

Accepted Answer

A)  They relieve doctors from liability for ordinary negligence when they render aid to victims in emergency situations. 
B)  They exempt doctors from liability for gross negligence when they render aid to victims in emergency situations. 
C)  They absolve doctors from liability for injuries caused by reckless conduct when they render aid to victims in emergency situations. 
D)  They free doctors from liability for injuries caused by intentional conduct when they render aid to victims in emergency situations. 
A)  They relieve doctors from liability for ordinary negligence when they render aid to victims in emergency situations. 
B)  They exempt doctors from liability for gross negligence when they render aid to victims in emergency situations. 
C)  They absolve doctors from liability for injuries caused by reckless conduct when they render aid to victims in emergency situations. 
D)  They free doctors from liability for injuries caused by intentional conduct when they render aid to victims in emergency situations.

Question 4

A malicious prosecution arises when the plaintiff from a previous lawsuit becomes the defendant and vice versa.

Accepted Answer

A) True 
 B)False

Question 5

The threat of immediate harm or offensive contact is termed as ________.

Accepted Answer

A)  battery 
B)  assault 
C)  disparagement 
D)  libel 
A)  battery 
B)  assault 
C)  disparagement 
D)  libel

Question 6

Define the merchant protection statutes,and discuss their positive and negative effects.

Accepted Answer

The merchant protection statutes allow m

Question 7

Scienter arises when a person unintentionally defrauds an innocent party.

Accepted Answer

A) True 
 B)False

Question 8

Professional malpractice refers to the liability of a professional who breaches his or her duty of ordinary care.

Accepted Answer

A) True 
 B)False

Question 9

The tort of outrage states that a person whose extreme conduct intentionally causes severe emotional distress to another person is liable for that emotional distress.

Accepted Answer

A) True 
 B)False

Question 10

The doctrine of strict liability holds that any activity that can place the public at risk of injury can be prevented if reasonable care is taken.

Accepted Answer

A) True 
 B)False

Question 11

The Good Samaritan laws relieve medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

Accepted Answer

A) True 
 B)False

Question 12

Tina Harley was on her way home when an assailant stopped her car and threatened to physically harm her if he ever saw her drive on that street again.Tina can sue the assailant to recover damages for ________.

Accepted Answer

A)  assault 
B)  slander 
C)  libel 
D)  disparagement 
A)  assault 
B)  slander 
C)  libel 
D)  disparagement

Question 13

A person who commits a negligent act is liable unless actual cause can be proven.

Accepted Answer

A) True 
 B)False

Question 14

Discuss the nuances behind actual causes and proximate causes of negligence.

Accepted Answer

An actual cause is defined as the primar

Question 15

The intentional defrauding of a person out of money,property,or something else of value is defined as malicious prosecution.

Accepted Answer

A) True 
 B)False

Question 16

Contributory negligence is a doctrine which advocates that damages are apportioned according to fault.

Accepted Answer

A) True 
 B)False

Question 17

The transferred intent doctrine allows merchants to stop,detain,and investigate suspected shoplifters without being held liable for False imprisonment.

Accepted Answer

A) True 
 B)False

Question 18

The plaintiff in a product liability lawsuit has suffered $100,000 worth of damages from an automobile accident.A defect in manufacture of the plaintiff's vehicle is found to be 35 percent responsible for the accident,while the plaintiff's own negligence is 65 percent responsible.Under the doctrine of partial comparative negligence,how much would the defendant-the manufacturer of the vehicle-have to pay the plaintiff in damages?

Accepted Answer

A)  $60,000 
B)  $40,000 
C)  $100,000 
D)  The defendant would not have to pay any amount in damages. 
A)  $60,000 
B)  $40,000 
C)  $100,000 
D)  The defendant would not have to pay any amount in damages.

Question 19

An event for which a defendant is not responsible is called a foreseeable event.

Accepted Answer

A) True 
 B)False

Question 20

Write a short note discussing partial comparative negligence and its suitability as a middle ground between contributory and comparative negligence.

Accepted Answer

Partial comparative negligence provides

Exam 5: Intentional Torts and Negligence

Which of the following is an intentional tort?

Under the ________,a plaintiff must be less than 50 percent responsible for causing his or her own injuries.

Which of the following is true of Good Samaritan laws?

A malicious prosecution arises when the plaintiff from a previous lawsuit becomes the defendant and vice versa.

The threat of immediate harm or offensive contact is termed as ________.

Define the merchant protection statutes,and discuss their positive and negative effects.

Scienter arises when a person unintentionally defrauds an innocent party.

Professional malpractice refers to the liability of a professional who breaches his or her duty of ordinary care.

The tort of outrage states that a person whose extreme conduct intentionally causes severe emotional distress to another person is liable for that emotional distress.

The doctrine of strict liability holds that any activity that can place the public at risk of injury can be prevented if reasonable care is taken.

The Good Samaritan laws relieve medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

Tina Harley was on her way home when an assailant stopped her car and threatened to physically harm her if he ever saw her drive on that street again.Tina can sue the assailant to recover damages for ________.

A person who commits a negligent act is liable unless actual cause can be proven.

Discuss the nuances behind actual causes and proximate causes of negligence.

The intentional defrauding of a person out of money,property,or something else of value is defined as malicious prosecution.

Contributory negligence is a doctrine which advocates that damages are apportioned according to fault.

The transferred intent doctrine allows merchants to stop,detain,and investigate suspected shoplifters without being held liable for False imprisonment.

An event for which a defendant is not responsible is called a foreseeable event.

Write a short note discussing partial comparative negligence and its suitability as a middle ground between contributory and comparative negligence.

Legal Heritage and the Digital Age

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Judicial Alternative Administrative and E-Dispute Resolution

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Intellectual Property and Cyber Piracy

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

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Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

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Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

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