Question 1

An absolute privilege is available as a defense to slander liability when:

Accepted Answer

A)  the statement is made to only a few people. 
B)  libel exists. 
C)  a witness testifies in a court proceeding. 
D)  no intent to harm is present. 
A)  the statement is made to only a few people. 
B)  libel exists. 
C)  a witness testifies in a court proceeding. 
D)  no intent to harm is present.

Question 2

In a state that has the comparative negligence doctrine with a "50 percent" rule,a jury finds that Bill is 35% liable for his own injuries in a negligence suit he brought against Tina.In this situation,Bill will recover:

Accepted Answer

A)  65% of the damages he seeks from Tina 
B)  50% of the damages he seeks from Tina 
C)  Nothing at all from Tina 
D)  100% of the damages he seeks from Tina 
A)  65% of the damages he seeks from Tina 
B)  50% of the damages he seeks from Tina 
C)  Nothing at all from Tina 
D)  100% of the damages he seeks from Tina

Question 3

The degree of care required of a person is:

Accepted Answer

A)  that degree of care the person exercised in the situation at hand. 
B)  that degree of care an extraordinary person would exercise under similar circumstances. 
C)  that degree of care a reasonably prudent person would exercise under similar circumstances. 
D)  that degree of care professionals exercise in similar situations. 
A)  that degree of care the person exercised in the situation at hand. 
B)  that degree of care an extraordinary person would exercise under similar circumstances. 
C)  that degree of care a reasonably prudent person would exercise under similar circumstances. 
D)  that degree of care professionals exercise in similar situations.

Question 4

Governments are generally immune from tort liability.

Accepted Answer

A) True 
 B)False

Question 5

The widest range of tort liability arises in the area of:

Accepted Answer

A)  negligence. 
B)  absolute liability. 
C)  violation of statute. 
D)  assumption of risk. 
A)  negligence. 
B)  absolute liability. 
C)  violation of statute. 
D)  assumption of risk.

Question 6

A local newspaper devotes its New Year's Day issue to people who have performed heroically during the past year.One of the people included in the article was Janet,a local actress.Eight months earlier,a fire started in the theater while she was in the middle of a performance.Rather than running out,she stayed to help frightened members of the audience get out of the theater.The New Year's article stated that Janet had been unable to find work as an actress because of burns to her hands and feet and that,as a result,she owes a great deal of money.Janet sued the newspaper for invasion of privacy.Based on what you have learned in thisChapter,how should the case be decided?

Accepted Answer

Janet might be able to recover.The right

Question 7

John owed Barney money.Barney called John's home several times per day for five weeks asking for repayment,with some of the calls coming after midnight.Barney might be liable for:

Accepted Answer

A)  defamation. 
B)  wrongful interference with a contract. 
C)  intentional infliction of emotional distress. 
D)  trespass. 
A)  defamation. 
B)  wrongful interference with a contract. 
C)  intentional infliction of emotional distress. 
D)  trespass.

Question 8

Customer reviews and complaints such as "the worst cruise experience of my life" are protected opinion.

Accepted Answer

A) True 
 B)False

Question 9

Concerning torts and crimes,choose the correct statement:

Accepted Answer

A)  Every tort is a crime. 
B)  Every crime is a tort. 
C)  No crime is a tort. 
D)  A crime may also be a tort. 
A)  Every tort is a crime. 
B)  Every crime is a tort. 
C)  No crime is a tort. 
D)  A crime may also be a tort.

Question 10

Once the cause in fact is established,the plaintiff must establish ________,that is the harm by the injured person that was a foreseeable consequence of the defendant's negligent actions.

Accepted Answer

A)  actual causation. 
B)  proximate causation. 
C)  but for causation. 
D)  the Palsgraf standard. 
A)  actual causation. 
B)  proximate causation. 
C)  but for causation. 
D)  the Palsgraf standard.

Question 11

Torts arise from a violation of a ____ duty.

Accepted Answer

A)  public 
B)  private 
C)  contractual 
D)  criminal 
A)  public 
B)  private 
C)  contractual 
D)  criminal

Question 12

Oral or spoken defamation is:

Accepted Answer

A)  slander. 
B)  libel. 
C)  privilege. 
D)  perjury. 
A)  slander. 
B)  libel. 
C)  privilege. 
D)  perjury.

Question 13

Offensive language used by one person to describe another constitutes the tort of slander.

Accepted Answer

A) True 
 B)False

Question 14

Comparative negligence:

Accepted Answer

A)  has been rejected by most of the states. 
B)  allows a comparison of negligence between plaintiff and defendant. 
C)  only applies when the plaintiff has signed a release. 
D)  is a bar to recovery under common law. 
A)  has been rejected by most of the states. 
B)  allows a comparison of negligence between plaintiff and defendant. 
C)  only applies when the plaintiff has signed a release. 
D)  is a bar to recovery under common law.

Question 15

The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.

Accepted Answer

A) True 
 B)False

Question 16

The shopkeeper's privilege gives store managers the absolute right to detain anyone they believe has shoplifted.

Accepted Answer

A) True 
 B)False

Question 17

Negligence is imposed because the activity involved is so dangerous that there must be full accountability,even if the activity is necessary and cannot be prohibited

Accepted Answer

A) True 
 B)False

Question 18

Professionals have a duty to perform their jobs at the level of:

Accepted Answer

A)  a reasonable person. 
B)  a reasonable professional in the same business. 
C)  an extraordinarily careful person. 
D)  an extraordinary person. 
A)  a reasonable person. 
B)  a reasonable professional in the same business. 
C)  an extraordinarily careful person. 
D)  an extraordinary person.

Exam 8: Torts

An absolute privilege is available as a defense to slander liability when:

In a state that has the comparative negligence doctrine with a "50 percent" rule,a jury finds that Bill is 35% liable for his own injuries in a negligence suit he brought against Tina.In this situation,Bill will recover:

The degree of care required of a person is:

Governments are generally immune from tort liability.

The widest range of tort liability arises in the area of:

John owed Barney money.Barney called John's home several times per day for five weeks asking for repayment,with some of the calls coming after midnight.Barney might be liable for:

Customer reviews and complaints such as "the worst cruise experience of my life" are protected opinion.

Concerning torts and crimes,choose the correct statement:

Once the cause in fact is established,the plaintiff must establish ________,that is the harm by the injured person that was a foreseeable consequence of the defendant's negligent actions.

Torts arise from a violation of a ____ duty.

Oral or spoken defamation is:

Offensive language used by one person to describe another constitutes the tort of slander.

Comparative negligence:

The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.

The shopkeeper's privilege gives store managers the absolute right to detain anyone they believe has shoplifted.

Negligence is imposed because the activity involved is so dangerous that there must be full accountability,even if the activity is necessary and cannot be prohibited

Professionals have a duty to perform their jobs at the level of:

The Nature and Sources of Law

The Court System and Dispute Resolution

Business Ethics, Social Forces and the Law

The Constitution as the Foundation of the Legal Environment

Government Regulation of Competition and Prices

Administrative Agencies

Crimes

Intellectual Property Rights and the Internet

The Legal Environmental of International Trade

Nature and Classes of Contracts: Contracting on the Internet

Formation of Contracts: Offer and Acceptance

Capacity and Genuine Assent

Consideration

Legality and Public Policy

Writing, Electronic Forms, and Interpretation of Contracts

Third Persons and Contracts

Discharge of Contracts

Breach of Contract and Remedies

Personal Property and Bailments

Legal Aspects of Supply Chain Management

Nature and Form of Sales

Title and Risk of Loss

Product Liability: Warranties and Torts

Obligations and Performance

Remedies for Breach of Sales Contracts

Kinds of Negotiable Instruments and Negotiability

Transfers of Negotiable Instruments and Warranties of Parties

Liability of the Parties Under Negotiable Instruments

Checks and Funds Transfers

Nature of the Debtor Creditor Relationship

Consumer Protection

Secured Transactions in Personal Property

Bankruptcy

Insurance

Agency

Third Persons in Agency

Regulation of Employment

Equal Employment Opportunity Law

Types of Business Organizations

Partnerships

LPs, LLCs, and LLPs

Corporate Formation

Shareholder Rights in Corporations

Securities Regulation

Accountants' Liability and Malpractice

Management of Corporations

Real Property

Environmental Law and Land Use Controls

Leases

Decedents' Estates and Trusts

Filters