Question 1

In a tort case:

Accepted Answer

A)  it is up to the injured party to seek compensation. 
B)  the plaintiff has the power to send the defendant to jail. 
C)  the basis of the suit is the agreement between the parties. 
D)  All of the above. 
A)  it is up to the injured party to seek compensation. 
B)  the plaintiff has the power to send the defendant to jail. 
C)  the basis of the suit is the agreement between the parties. 
D)  All of the above. A

Question 2

In the Exxon Valdez case,the Supreme Court:

Accepted Answer

A)  refused to place a limit on punitive awards. 
B)  approved the jury's compensatory award, but reduced the punitive award from $5 billion to $507 million. 
C)  made a precedent-setting decision that will limit the ratio of punitive to compensatory damages in all types of cases to 9:1. 
D)  interpreted a state statute limiting punitive awards and found punitive damages should be no more than three times the award for compensatory damages. 
A)  refused to place a limit on punitive awards. 
B)  approved the jury's compensatory award, but reduced the punitive award from $5 billion to $507 million. 
C)  made a precedent-setting decision that will limit the ratio of punitive to compensatory damages in all types of cases to 9:1. 
D)  interpreted a state statute limiting punitive awards and found punitive damages should be no more than three times the award for compensatory damages. B

Question 3

Krista,the Director of Sales at Trein,Inc.,had supervised Rex's work for eight years.Rex applied for a job at E-presto,Inc.E-presto called Krista for a recommendation.In giving the recommendation,Krista will be protected from a claim of defamation by a qualified privilege provided she acts in good faith.

Accepted Answer

A) True 
 B)False  True

Question 4

Which of the following is a valid defense to a defamation claim?

Accepted Answer

A)  The statement was true. 
B)  The statement was only an opinion. 
C)  The person making the statement made it only to the plaintiff, not to any third parties. 
D)  All of the above. 
A)  The statement was true. 
B)  The statement was only an opinion. 
C)  The person making the statement made it only to the plaintiff, not to any third parties. 
D)  All of the above.

Question 5

Kenneth was exposed to radiation on his job in an environmental cleanup.In a lawsuit against his employer,the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.

Accepted Answer

A) True 
 B)False

Question 6

Arturo drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign.Arturo sued Vincent.The jury found that Arturo's fault contributed 20 percent to the collision and determined that his total loss was $100,000.Under comparative negligence,the jury should award Arturo:

Accepted Answer

A)  $20,000. 
B)  $80,000. 
C)  $100,000. 
D)  nothing. 
A)  $20,000. 
B)  $80,000. 
C)  $100,000. 
D)  nothing.

Question 7

Runyon was ready to sign a two-year agreement with Barnett Corp.to become Barnett's sales representative for a three-state area.LaPrise,who wants to be the representative for that area,threatens Runyon with bodily harm if he takes the position.Runyon decides his physical well being is more important to him than the job,so he does not accept the position.LaPrise:

Accepted Answer

A)  committed tortious interference with a contract. 
B)  committed tortious interference with a prospective advantage. 
C)  committed a battery. 
D)  caused a breach of contract and committed the tort of intrusion. 
A)  committed tortious interference with a contract. 
B)  committed tortious interference with a prospective advantage. 
C)  committed a battery. 
D)  caused a breach of contract and committed the tort of intrusion.

Question 8

Tommie,a six-year-old child,was seriously injured when he stuck a fork into an electrical outlet.His parents sued the restaurant where the incident occurred,claiming it should have had child protective guards on the outlets.Whether the restaurant is liable will be dependent upon whether:

Accepted Answer

A)  the incident was reasonably foreseeable. 
B)  the doctrine of res ipsa loquitur applies. 
C)  this is negligence per se. 
D)  this is an ultrahazardous activity. 
A)  the incident was reasonably foreseeable. 
B)  the doctrine of res ipsa loquitur applies. 
C)  this is negligence per se. 
D)  this is an ultrahazardous activity.

Question 9

E-trex,Inc.wanted Shaquille O'Neal,a professional basketball player,to endorse its products.O'Neal,however,was not interested.E-trex was not deterred and hired a person who looked and sounded like O'Neal for its commercials.E-trex has:

Accepted Answer

A)  defamed O'Neal. 
B)  interfered with a contract. 
C)  interfered with a prospective advantage. 
D)  engaged in conduct that raises the issue of commercial exploitation. 
A)  defamed O'Neal. 
B)  interfered with a contract. 
C)  interfered with a prospective advantage. 
D)  engaged in conduct that raises the issue of commercial exploitation.

Question 10

Wilma's arm is broken when Paula knocks her down during an argument.If Wilma sues Paula for battery,what damages will Wilma be likely to receive?

Accepted Answer

A successful plaintiff usually receives

Question 11

Howson won a lawsuit against Hardwick for intentionally inflicting emotional distress.The jury awarded Howson $500,000 in compensatory damages.It also awarded Howson $4 million in punitive damages because Hardwick was quite wealthy and the jury thought a large amount was necessary for Hardwick to feel the punishing effects of the judgment.How does the jury's award fit into the guidelines offered by the U.S.Supreme Court?

Accepted Answer

A)  The punitive award is excessive because it exceeds the Supreme Court's suggested ratio of compensatory damages to punitive damages. 
B)  The punitive award is excessive because the Supreme Court has stated that the trial court may not use the defendant's wealth as an excuse to award an unreasonably high award. 
C)  The punitive award is excessive both because of the ratio of compensatory damages to punitive damages and because the punitive damage award was based partly on the defendant's wealth. 
D)  The jury award is not excessive based on the Supreme Court's guidelines. 
A)  The punitive award is excessive because it exceeds the Supreme Court's suggested ratio of compensatory damages to punitive damages. 
B)  The punitive award is excessive because the Supreme Court has stated that the trial court may not use the defendant's wealth as an excuse to award an unreasonably high award. 
C)  The punitive award is excessive both because of the ratio of compensatory damages to punitive damages and because the punitive damage award was based partly on the defendant's wealth. 
D)  The jury award is not excessive based on the Supreme Court's guidelines.

Question 12

Adam decided to play a practical joke on Linda,a co-worker.As Linda was leaving the office one night,Adam,wearing a mask,stepped out from behind some bushes.He pointed a handgun made out of licorice at her and demanded her purse.He then pushed the candy gun to her head and told her if she told anybody he'd kill her.Linda was very scared during the whole incident.She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back.Did Adam commit the tort of intentional infliction of emotional distress?

Accepted Answer

A)  Yes, as his extreme and outrageous conduct was intentional. 
B)  Yes, but only if Adam intended to cause Linda serious emotional distress. 
C)  No, since he was only playing a practical joke. 
D)  No, since Linda was not physically hurt by Adam. 
A)  Yes, as his extreme and outrageous conduct was intentional. 
B)  Yes, but only if Adam intended to cause Linda serious emotional distress. 
C)  No, since he was only playing a practical joke. 
D)  No, since Linda was not physically hurt by Adam.

Question 13

Barnoff,Inc.hired Jess to make home deliveries of its furniture.During one delivery,Jess found Martina home alone and attacked her.Barnoff may be held liable:

Accepted Answer

A)  for negligent hiring if it failed to check Jess's references and criminal records and to contact his former employers to see if there had been any past problems with his behavior. 
B)  only if Jess had demonstrated threatening behavior since Barnoff hired him. 
C)  for strict liability to any harm its employees cause while acting in the scope of their employment. 
D)  for assumption of the risk of injury to its customers by its employees. 
A)  for negligent hiring if it failed to check Jess's references and criminal records and to contact his former employers to see if there had been any past problems with his behavior. 
B)  only if Jess had demonstrated threatening behavior since Barnoff hired him. 
C)  for strict liability to any harm its employees cause while acting in the scope of their employment. 
D)  for assumption of the risk of injury to its customers by its employees.

Question 14

A contractor used dynamite to loosen a rocky hillside.The blast from the dynamite caused a house foundation to crack.The house was located over a half-mile away from the dynamite site.The contractor was careful when using the dynamite and no allegation of negligence is made.However,the house owner claims the contractor is liable for damage to the foundation.Is the house owner correct? Explain.

Accepted Answer

Yes.The contractor is liable under the c

Question 15

As assistant manager of a discount department store,you have been asked to review the store's policy concerning shoplifters.(a)Discuss the legal standard used in most states governing the detention of suspected shoplifters.(b)In reviewing the store's policy,discuss some of the items that you will consider.

Accepted Answer

a)Generally,a store may detain a custome

Question 16

The legal theory of contributory negligence:

Accepted Answer

A)  is in effect in the majority of states throughout the nation. 
B)  means that, even assuming the defendant is negligent, if the plaintiff is even slightly negligent, the plaintiff recovers nothing. 
C)  allows the negligent plaintiff to recover if he was responsible for less than 50 percent of his injury. 
D)  has been criticized as rewarding a plaintiff for being careless. 
A)  is in effect in the majority of states throughout the nation. 
B)  means that, even assuming the defendant is negligent, if the plaintiff is even slightly negligent, the plaintiff recovers nothing. 
C)  allows the negligent plaintiff to recover if he was responsible for less than 50 percent of his injury. 
D)  has been criticized as rewarding a plaintiff for being careless.

Question 17

In most states,dram shop acts apply to:

Accepted Answer

A)  liquor stores, bars, and restaurants but not to social hosts. 
B)  liquor stores, bars, restaurants and to social hosts. 
C)  social hosts, liquor stores, and bars. 
D)  None of the above. 
A)  liquor stores, bars, and restaurants but not to social hosts. 
B)  liquor stores, bars, restaurants and to social hosts. 
C)  social hosts, liquor stores, and bars. 
D)  None of the above.

Question 18

Laura,a brain surgeon,committed a negligent act when she ran a red light and injured Randy,a pedestrian crossing the street.Randy was a mentally impaired adult.

Accepted Answer

A)  Laura will be held to a higher standard of conduct than Randy given her superior intelligence. 
B)  Both Laura's and Randy's conduct will be based on the "reasonable person" standard. 
C)  The "reasonable person" standard does not apply to Randy since he is mentally impaired. 
D)  The "reasonable person" standard does not apply to Laura nor Randy given their respective degrees of extreme intelligence (one high and one low). 
A)  Laura will be held to a higher standard of conduct than Randy given her superior intelligence. 
B)  Both Laura's and Randy's conduct will be based on the "reasonable person" standard. 
C)  The "reasonable person" standard does not apply to Randy since he is mentally impaired. 
D)  The "reasonable person" standard does not apply to Laura nor Randy given their respective degrees of extreme intelligence (one high and one low).

Question 19

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk if she files suit to recover for her injuries.

Accepted Answer

A) True 
 B)False

Question 20

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Accepted Answer

A) True 
 B)False

In a tort case:

In the Exxon Valdez case,the Supreme Court:

Which of the following is a valid defense to a defamation claim?

Kenneth was exposed to radiation on his job in an environmental cleanup.In a lawsuit against his employer,the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.

Tommie,a six-year-old child,was seriously injured when he stuck a fork into an electrical outlet.His parents sued the restaurant where the incident occurred,claiming it should have had child protective guards on the outlets.Whether the restaurant is liable will be dependent upon whether:

E-trex,Inc.wanted Shaquille O'Neal,a professional basketball player,to endorse its products.O'Neal,however,was not interested.E-trex was not deterred and hired a person who looked and sounded like O'Neal for its commercials.E-trex has:

Wilma's arm is broken when Paula knocks her down during an argument.If Wilma sues Paula for battery,what damages will Wilma be likely to receive?

Barnoff,Inc.hired Jess to make home deliveries of its furniture.During one delivery,Jess found Martina home alone and attacked her.Barnoff may be held liable:

The legal theory of contributory negligence:

In most states,dram shop acts apply to:

Laura,a brain surgeon,committed a negligent act when she ran a red light and injured Randy,a pedestrian crossing the street.Randy was a mentally impaired adult.

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk if she files suit to recover for her injuries.

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Introduction to Law

Business Ethics and Social Responsibility

Dispute Resolution

Common Law, statutory Law, and Administrative Law

Constitutional Law

Crime

International Law

Introduction to Contracts

Legality, consent, and Writing

Conclusion to Contracts

Sales and Product Liability

Negotiable Instruments and Banks

Secured Transactions and Bankruptcy

Agency

Employment Law

Labor Law

Starting a Business: Llcs and Other Options

Corporations

Securities Regulation

Antitrust

Cyberlaw

Intellectual Property

Property

Consumer Law

Environmental Law

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Exam 6: Torts

In a tort case:

In the Exxon Valdez case,the Supreme Court:

Which of the following is a valid defense to a defamation claim?

Kenneth was exposed to radiation on his job in an environmental cleanup.In a lawsuit against his employer,the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.

Tommie,a six-year-old child,was seriously injured when he stuck a fork into an electrical outlet.His parents sued the restaurant where the incident occurred,claiming it should have had child protective guards on the outlets.Whether the restaurant is liable will be dependent upon whether:

E-trex,Inc.wanted Shaquille O'Neal,a professional basketball player,to endorse its products.O'Neal,however,was not interested.E-trex was not deterred and hired a person who looked and sounded like O'Neal for its commercials.E-trex has:

Wilma's arm is broken when Paula knocks her down during an argument.If Wilma sues Paula for battery,what damages will Wilma be likely to receive?

Barnoff,Inc.hired Jess to make home deliveries of its furniture.During one delivery,Jess found Martina home alone and attacked her.Barnoff may be held liable:

The legal theory of contributory negligence:

In most states,dram shop acts apply to:

Laura,a brain surgeon,committed a negligent act when she ran a red light and injured Randy,a pedestrian crossing the street.Randy was a mentally impaired adult.

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk if she files suit to recover for her injuries.

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Introduction to Law

Business Ethics and Social Responsibility

Dispute Resolution

Common Law, statutory Law, and Administrative Law

Constitutional Law

Crime

International Law

Introduction to Contracts

Legality, consent, and Writing

Conclusion to Contracts

Sales and Product Liability

Negotiable Instruments and Banks

Secured Transactions and Bankruptcy

Agency

Employment Law

Labor Law

Starting a Business: Llcs and Other Options

Corporations

Securities Regulation

Antitrust

Cyberlaw

Intellectual Property

Property

Consumer Law

Environmental Law

Filters