Exam 6: Tort Law and Cybertorts

Ben was driving 70 miles per hour in a 55-mile-per-hour speed zone when his car hit Sandra's as she entered the highway.Ben had the opportunity to move into another lane to avoid hitting Sandra but failed to do so.Discuss the defenses of negligence available to Sandra and Ben.

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(Essay)

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Question 1

Correct Answer:

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Contributory negligence by Sandra,such as pulling in front of Ben,could bar any recovery.However,if Sandra proves that the incident did not arise due to her negligence,but due to Ben's,and that he could've avoided the accident if he had maintained the speed limit,Sandra can recover all damages from Ben.Ben,in his defense,could state that Sandra entered the highway without any intimation,and could use the comparative negligence defense,where the court will determine damages according to the degree of fault of each party.

A security guard employed by Aria Stores accused Brentley of shoplifting and left him handcuffed to a post by a cash register for 15 minutes until local police arrived.Brentley sued Aria Stores for false imprisonment and a jury awarded Brentley $1,000 in compensatory damages and $1,000,000 in punitive damages.Does Aria Stores have a legal basis for appealing the damage award?

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Question 2

Correct Answer:

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Most states have laws that allow storekeepers to detain a suspected shoplifter on the condition that they have reasonable basis to suspect that an incident of shoplifting has occurred by that person.Whether or not the state in which this incident took place practices this law,Aria Stores will be liable to pay damages only if it has treated Brentley in an unreasonable manner during detention and if the detention has been for an unreasonable length of time.Aria Stores can demand that the court analyze these facts and instruct the jury that punitive damages are designed to punish a tortfeasor to discourage malicious actions in the society.

The primary purpose of tort law is to:

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Question 3

Correct Answer:

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The basis of the claim in Best Products,Inc.v.ABC News involved:

(Multiple Choice)

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Question 4

An injunction occurs when a court orders a defendant to pay damages or face jail time.

(True/False)

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Question 5

Proximate cause is the same as "cause in fact."

(True/False)

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Question 6

Richard,a former U.S.Senator who is running for President,can successfully sue an Internet blog site for defamation by merely proving the statements printed in the tabloid are false.

(True/False)

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Question 7

Under the common law (non-statute),a storekeeper has the merchant protection rule which allows a store owner to detain a shopper without suspicion that an incident has occurred.

(True/False)

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Question 8

________ is the communication of false and destructive information about an individual through the use of electronic devices.

(Multiple Choice)

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Question 9

The Daubert v.Merrell Dow Pharmaceuticals case amended Rule 702 of the Federal Rule of Evidence and the United States Supreme Court Frye v.United States precedent.

(True/False)

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Question 10

As a prank,Amanda rigs a bucket of water over Leslie's front door so that Leslie will be soaked when she opens the door to go to work on Monday morning.Can Leslie successfully sue Amanda for the prank?

(Essay)

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Question 11

Assumption of risk can be used as defense to negligence if the victim is forced to enter the risky situation because no other choice is available.

(True/False)

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Question 12

James uses fireworks to celebrate the victory of his favorite team in the soccer finals.If James unintentionally injures a person walking on the pavement,he can be held responsible based on strict liability.

(True/False)

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Question 13

The theory of means .

(Multiple Choice)

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Question 14

The Classic Case of Overseas Tankship v.Morts Dock and Engineering involved a question of whether the harm suffered by the plaintiffs was reasonably foreseeable.

(True/False)

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Question 15

Jim ran a stop sign,hitting Martin's car,and both were injured.Jim can be liable for both criminal and civil injuries.

(True/False)

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Question 16

Under the Communications Decency Act,an Internet service provider is strictly liable for hosting a blog containing false statements of a customer's personal experience at a well-known restaurant.

(True/False)

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Question 17

"Survival statutes" allow the family members of an individual,who is killed as the result of a tort,to sue the wrongdoer for the loss of support from the deceased.

(True/False)

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Question 18

If William sues Sam for fraud with the intention of pressuring Sam to sell his business to William,William has committed fraud.

(True/False)

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Question 19

________ demonstrates that "but for" the defendant's actions,the plaintiff would not have been injured.

(Multiple Choice)

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Question 20

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Exam 6: Tort Law and Cybertorts

Ben was driving 70 miles per hour in a 55-mile-per-hour speed zone when his car hit Sandra's as she entered the highway.Ben had the opportunity to move into another lane to avoid hitting Sandra but failed to do so.Discuss the defenses of negligence available to Sandra and Ben.

The primary purpose of tort law is to:

The basis of the claim in Best Products,Inc.v.ABC News involved:

An injunction occurs when a court orders a defendant to pay damages or face jail time.

Proximate cause is the same as "cause in fact."

Richard,a former U.S.Senator who is running for President,can successfully sue an Internet blog site for defamation by merely proving the statements printed in the tabloid are false.

Under the common law (non-statute),a storekeeper has the merchant protection rule which allows a store owner to detain a shopper without suspicion that an incident has occurred.

________ is the communication of false and destructive information about an individual through the use of electronic devices.

The Daubert v.Merrell Dow Pharmaceuticals case amended Rule 702 of the Federal Rule of Evidence and the United States Supreme Court Frye v.United States precedent.

As a prank,Amanda rigs a bucket of water over Leslie's front door so that Leslie will be soaked when she opens the door to go to work on Monday morning.Can Leslie successfully sue Amanda for the prank?

Assumption of risk can be used as defense to negligence if the victim is forced to enter the risky situation because no other choice is available.

James uses fireworks to celebrate the victory of his favorite team in the soccer finals.If James unintentionally injures a person walking on the pavement,he can be held responsible based on strict liability.

The theory of ________ means ________.

The Classic Case of Overseas Tankship v.Morts Dock and Engineering involved a question of whether the harm suffered by the plaintiffs was reasonably foreseeable.

Jim ran a stop sign,hitting Martin's car,and both were injured.Jim can be liable for both criminal and civil injuries.

Under the Communications Decency Act,an Internet service provider is strictly liable for hosting a blog containing false statements of a customer's personal experience at a well-known restaurant.

"Survival statutes" allow the family members of an individual,who is killed as the result of a tort,to sue the wrongdoer for the loss of support from the deceased.

If William sues Sam for fraud with the intention of pressuring Sam to sell his business to William,William has committed fraud.

________ demonstrates that "but for" the defendant's actions,the plaintiff would not have been injured.

Ethics,social Responsibility,and the Law

Sources of the Law

The Judicial Process and Cyber-Procedure

Alternative Dispute Resolution and Cyber-Adr

Criminal Law and Cybercrimes

The Essentials of Contract Law

Offer,acceptance,and Mutual Assent

Consideration and Cyber-Payments

Capacity and Legality: the Final Elements

Written Contracts and Cyber-Commerce

Third Parties,discharge,and Remedies

Sales Contracts: Formation,title,and Risk of Loss

Sales Contracts: Rights,duties,breach,and Warranties

Product Liability and Consumer Protection

The Nature of Negotiable Instruments

Holders in Due Course,defenses,and Liabilities

Bank-Depositor Relationships and Cyber-Banking

Insurance

Mortgages, land Contracts, and the 21st-Century Financial Crisis

Bankruptcy Law: in Theory, in History, and in Practice

Agency Law

Employment Law

Labor Law

The Business Entity: an Introduction

The Corporate Entity

Managing the Corporate Entity

Government Regulation of the Corporate Entity

Personal Property and Bailments

Real Property and Landlord and Tenant Law

Wills, advanced Directives, and Trusts

Professional Liability

Science, technology, and Law in the 21st Century

International Law and the New World Order

Filters

The theory of means .