Question 1

What differs in a defamation suit when the plaintiff is a public figure,as opposed to when the plaintiff is not a public figure?

Accepted Answer

A)  Punitive damages are available. 
B)  The plaintiff need not prove actual injury to the reputation. 
C)  The plaintiff can recover even when the statement is a mere opinion. 
D)  The plaintiff must prove that the statement was made with malice. 
E)  The plaintiff must prove that the statement was made in writing. 
A)  Punitive damages are available. 
B)  The plaintiff need not prove actual injury to the reputation. 
C)  The plaintiff can recover even when the statement is a mere opinion. 
D)  The plaintiff must prove that the statement was made with malice. 
E)  The plaintiff must prove that the statement was made in writing. D

Question 2

What is the definition of a tort?

Accepted Answer

A)  any violation of an ethical duty 
B)  any crime or misdemeanor 
C)  any action done in violation of a prior agreement that allows the victim to recover damages 
D)  any civil wrong that allows the injured person to recover damages 
E)  any conduct by one party that is objected to by another 
A)  any violation of an ethical duty 
B)  any crime or misdemeanor 
C)  any action done in violation of a prior agreement that allows the victim to recover damages 
D)  any civil wrong that allows the injured person to recover damages 
E)  any conduct by one party that is objected to by another D

Question 3

Once a duty and a breach of that duty is shown,all that need be proven to prevail in a negligence cause of action is that the defendant was the proximate cause of a plaintiff's injuries.

Accepted Answer

A) True 
 B)False  False

Question 4

Intentional infliction of emotional distress requires that the conduct be outrageous.

Accepted Answer

A) True 
 B)False

Question 5

Damages intended to punish a defendant and deter the defendant from engaging in the same tortuous conduct in the future are called:

Accepted Answer

A)  penalty damages 
B)  retribution damages 
C)  punitive damages 
D)  preventative damages 
E)  nominal damages 
A)  penalty damages 
B)  retribution damages 
C)  punitive damages 
D)  preventative damages 
E)  nominal damages

Question 6

The reasonable person standard is used in determining the duty of care in a negligence case.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is true about comparative negligence and contributory negligence?

Accepted Answer

A)  Most states that once used comparative negligence now apply contributory negligence instead. 
B)  They are two names for the same defense. 
C)  In order to avoid liability for an unintentional tort,the defendant must prove the presence of both defenses. 
D)  Comparative negligence is used with intentional torts and contributory negligence is used with unintentional torts. 
E)  Comparative negligence allows the plaintiff to make a partial recovery whereas contributory negligence does not. 
A)  Most states that once used comparative negligence now apply contributory negligence instead. 
B)  They are two names for the same defense. 
C)  In order to avoid liability for an unintentional tort,the defendant must prove the presence of both defenses. 
D)  Comparative negligence is used with intentional torts and contributory negligence is used with unintentional torts. 
E)  Comparative negligence allows the plaintiff to make a partial recovery whereas contributory negligence does not.

Question 8

A plaintiff can generally recover for negligent infliction of emotional distress for any unintentional conduct of the defendant that causes the plaintiff to suffer emotional distress.

Accepted Answer

A) True 
 B)False

Question 9

A reporter appears on television and reports that a collegiate athlete is currently using steroids.The reporter has a sincere belief that the information is true.Subsequently,it is determined that the information is false and inaccurate.If the athlete files a lawsuit,most courts would find which of the following?

Accepted Answer

A)  The reporter is not liable for the statements because of the sincerely held belief on behalf of the reporter. 
B)  The reporter is not liable because the athlete is considered a public figure. 
C)  The reporter is liable for a claim of slander. 
D)  The reporter is liable for a claim of libel. 
A)  The reporter is not liable for the statements because of the sincerely held belief on behalf of the reporter. 
B)  The reporter is not liable because the athlete is considered a public figure. 
C)  The reporter is liable for a claim of slander. 
D)  The reporter is liable for a claim of libel.

Question 10

Transferred intent occurs when someone attempts to injure someone but actually injures someone else.

Accepted Answer

A) True 
 B)False

Question 11

The doctrine that shifts the burden of proof from the plaintiff to the defendant is:

Accepted Answer

A)  negligence per se 
B)  res ipsa loquitur 
C)  apparent negligence 
D)  Good Samaritan 
A)  negligence per se 
B)  res ipsa loquitur 
C)  apparent negligence 
D)  Good Samaritan

Question 12

Burger Prince is one of the largest hamburger chains in the nation,and fiercely competitive with the well-known chain of Captain Hook Seafood House restaurants.Captain Hook has recently introduced a new line of hamburgers in order to expand beyond seafood.Burger Prince received information that it believed was reliable indicating that the Captain Hook's burgers contained substantial amounts of filler.Burger Prince then ran advertisements saying that its pure beef burgers were better than the Captain Hook's burgers that used filler.Which of the following is true?

Accepted Answer

A)  Burger Prince is liable for product disparagement because the statement about the use of filler was false. 
B)  Burger Prince would be liable for invasion of privacy if the formula for Captain Hook's burgers was not publicly available. 
C)  This is a case of palming off. 
D)  Captain Hook will not be able to win a product disparagement case here. 
E)  This is an example of intentional interference with contractual relations. 
A)  Burger Prince is liable for product disparagement because the statement about the use of filler was false. 
B)  Burger Prince would be liable for invasion of privacy if the formula for Captain Hook's burgers was not publicly available. 
C)  This is a case of palming off. 
D)  Captain Hook will not be able to win a product disparagement case here. 
E)  This is an example of intentional interference with contractual relations.

Question 13

Truth is an absolute defense in a cause of action for defamation.

Accepted Answer

A) True 
 B)False

Question 14

The proximate cause requirement for a negligence tort is most likely not met where:

Accepted Answer

A)  a customer becomes ill from food that is carelessly packed at a processing plant 
B)  a patient becomes sick from a doctor carelessly prescribing the wrong medicine 
C)  a customer in a building supply store carelessly drops a small can of paint that breaks open and is ignited from a spark caused when the metal can hits the concrete floor 
D)  a driver injures a pedestrian when rounding a curve at twice the legal speed limit 
E)  the victim of an accident was aware,prior to the actual accident,that the accident was likely to occur 
A)  a customer becomes ill from food that is carelessly packed at a processing plant 
B)  a patient becomes sick from a doctor carelessly prescribing the wrong medicine 
C)  a customer in a building supply store carelessly drops a small can of paint that breaks open and is ignited from a spark caused when the metal can hits the concrete floor 
D)  a driver injures a pedestrian when rounding a curve at twice the legal speed limit 
E)  the victim of an accident was aware,prior to the actual accident,that the accident was likely to occur

Question 15

While Jack is attending a baseball game cheering for the home team,a fan of the other team sneaks up behind him and hits Jack on the head with a hard piece of pizza crust,injuring Jack.Jack has no idea he is about to be hit and is severely embarrassed when his friends see that he was injured by a pizza crust.Which of the following torts has the fan committed?

Accepted Answer

A)  assault 
B)  battery 
C)  assault and battery 
D)  battery and negligent infliction of emotional distress 
E)  assault,battery,and negligent infliction of emotional distress 
A)  assault 
B)  battery 
C)  assault and battery 
D)  battery and negligent infliction of emotional distress 
E)  assault,battery,and negligent infliction of emotional distress

Question 16

A driver stopped at a convenience store to run inside briefly.The driver left the engine running and forgot to set the parking brake.The car suddenly started rolling toward two small children,and Vicki,a bystander,pulled the two children out of the way of the rolling car.Vicki is injured in the process.Can Vicki recover from the driver of the car?

Accepted Answer

A)  Yes,because of the Good Samaritan rule. 
B)  No,because of an intervening event. 
C)  No,because of assumption of the risk. 
D)  Yes,because the driver set up the dangerous situation. 
A)  Yes,because of the Good Samaritan rule. 
B)  No,because of an intervening event. 
C)  No,because of assumption of the risk. 
D)  Yes,because the driver set up the dangerous situation.

Question 17

A medical doctor who commits medical malpractice has committed what tort?

Accepted Answer

A)  defamation of character 
B)  intentional infliction of emotional distress 
C)  trespass 
D)  negligence 
A)  defamation of character 
B)  intentional infliction of emotional distress 
C)  trespass 
D)  negligence

Question 18

Which of the following is true about intentional infliction of emotional distress?

Accepted Answer

A)  Recovery is allowed anytime there is a measurable amount of mental distress. 
B)  There must be some physical contact with the plaintiff. 
C)  The defendant's conduct must go beyond all possible bounds of decency and be regarded as atrocious and utterly intolerable in a civilized society. 
D)  The plaintiff must have witnessed severe physical injury to a relative or other significant person in the plaintiff's life. 
A)  Recovery is allowed anytime there is a measurable amount of mental distress. 
B)  There must be some physical contact with the plaintiff. 
C)  The defendant's conduct must go beyond all possible bounds of decency and be regarded as atrocious and utterly intolerable in a civilized society. 
D)  The plaintiff must have witnessed severe physical injury to a relative or other significant person in the plaintiff's life.

Question 19

Jeff was in a department store standing near a clothing rack.Store security felt that he was acting suspiciously because he was standing close to the clothing rack and looking around.Soon after,store security notices that he quickly attempts to leave the store.Does store security have a right to stop and search Jeff according to these facts?

Accepted Answer

A)  Yes; shopkeepers have a privilege to protect against theft and loss. In this case,the store security would have reasonable grounds for a stop and search. 
B)  No; shopkeepers have no right to stop and search a suspected thief,absent any video evidence. 
C)  No; the facts of this situation do not provide reasonable grounds for a stop and search. Any attempt to do so by store security could result in a claim of false imprisonment. 
D)  No; the facts of this situation do not provide reasonable grounds for a stop and search. Any attempt to do so by store security could result in a claim of battery. 
A)  Yes; shopkeepers have a privilege to protect against theft and loss. In this case,the store security would have reasonable grounds for a stop and search. 
B)  No; shopkeepers have no right to stop and search a suspected thief,absent any video evidence. 
C)  No; the facts of this situation do not provide reasonable grounds for a stop and search. Any attempt to do so by store security could result in a claim of false imprisonment. 
D)  No; the facts of this situation do not provide reasonable grounds for a stop and search. Any attempt to do so by store security could result in a claim of battery.

Question 20

In what circumstances should persons be liable for materials put on Internet Web sites? For example,should persons who post bomb-making information be responsible to the victims of someone who acts on this information? Should persons be liable who call for someone to be killed,but take no action themselves toward accomplishing this other than to call for others to do the killing? What if someone makes extremely derogatory comments about another person or corporation and widely distributes them? In this circumstance,should the defamation requirement that the statements be fact,and not opinion,apply?

Accepted Answer

The Internet has made it easier to distr

Exam 5: Intentional Torts and Negligence

What differs in a defamation suit when the plaintiff is a public figure,as opposed to when the plaintiff is not a public figure?

What is the definition of a tort?

Once a duty and a breach of that duty is shown,all that need be proven to prevail in a negligence cause of action is that the defendant was the proximate cause of a plaintiff's injuries.

Intentional infliction of emotional distress requires that the conduct be outrageous.

Damages intended to punish a defendant and deter the defendant from engaging in the same tortuous conduct in the future are called:

The reasonable person standard is used in determining the duty of care in a negligence case.

Which of the following is true about comparative negligence and contributory negligence?

A plaintiff can generally recover for negligent infliction of emotional distress for any unintentional conduct of the defendant that causes the plaintiff to suffer emotional distress.

Transferred intent occurs when someone attempts to injure someone but actually injures someone else.

The doctrine that shifts the burden of proof from the plaintiff to the defendant is:

Truth is an absolute defense in a cause of action for defamation.

The proximate cause requirement for a negligence tort is most likely not met where:

A medical doctor who commits medical malpractice has committed what tort?

Which of the following is true about intentional infliction of emotional distress?

Legal Heritage and the Information Age

Court Systems and Jurisdiction

Judicial, Alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Strict Liability and Product Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Internet 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

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

Liability,Defenses and Discharge

Checks, the Banking System, and E-Money

Creditor's and Debtor's Rights

Secured Transactions and Electronic Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment,Worker Protection,and Immigration Laws

Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Businesses, Entrepreneurs, and General Partnerships

Limited Partnerships and Limited Liability Limited Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Business

Investor Protection and Online Securities Transactions

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection and Global Warming

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

Real Property

Landlord Tenant Law and Land Use Regulation

Insurance

Accountants' Liability

Wills, Trusts, and Elder Law

Family Law

International and World Trade Law

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