Question 1

Tort law is set by federal law that is then implemented by the states.

Accepted Answer

A) True 
 B)False  False

Question 2

In the U.S. system of torts, torts are commonly classified as:

Accepted Answer

A)  Intentional, negligent, or criminal, not strict liability. 
B)  Intentional, criminal, or strict liability, not negligent. 
C)  Intentional, negligent, strict liability, or criminal. 
D)  Intentional, negligent, or strict liability. 
E)  Civil or criminal. 
A)  Intentional, negligent, or criminal, not strict liability. 
B)  Intentional, criminal, or strict liability, not negligent. 
C)  Intentional, negligent, strict liability, or criminal. 
D)  Intentional, negligent, or strict liability. 
E)  Civil or criminal. D

Question 3

Which of the following is not true in regards to the innocent dissemination defense of online service providers (OSPs) in Canada?

Accepted Answer

A)  There are no landmark cases or any legislation clearly establishing liability of OSPs. 
B)  The defendant paid for the information that they authored or printed. 
C)  The defendant does not know of the libel contained in the work published or authored by them. 
D)  There was no reason for the defendant to suppose the work he or she authored or published would be libelous. 
E)  It was not negligence on the defendant's part that he or she did not know that the work contained libelous material. 
A)  There are no landmark cases or any legislation clearly establishing liability of OSPs. 
B)  The defendant paid for the information that they authored or printed. 
C)  The defendant does not know of the libel contained in the work published or authored by them. 
D)  There was no reason for the defendant to suppose the work he or she authored or published would be libelous. 
E)  It was not negligence on the defendant's part that he or she did not know that the work contained libelous material. B

Question 4

Which of the following torts seek to compensate people wrongfully subjected to litigation?

Accepted Answer

A)  Malicious prosecution, wrongful civil proceedings, and abuse of process. 
B)  Wrongful civil proceedings, but not malicious prosecution or abuse of process. 
C)  Abuse of process, but not malicious prosecution or wrongful civil proceedings. 
D)  Malicious prosecution and wrongful civil proceedings, but not abuse of process. 
E)  Malicious prosecution and abuse of process, but not wrongful civil proceedings. 
A)  Malicious prosecution, wrongful civil proceedings, and abuse of process. 
B)  Wrongful civil proceedings, but not malicious prosecution or abuse of process. 
C)  Abuse of process, but not malicious prosecution or wrongful civil proceedings. 
D)  Malicious prosecution and wrongful civil proceedings, but not abuse of process. 
E)  Malicious prosecution and abuse of process, but not wrongful civil proceedings.

Question 5

In a much heated debate on the Senate floor in regards to whether or not to allow a new legislative reform to be voted on, two senators call each other liars, cheats and other unflattering words. One senator also accuses the other one of bribery. If one of the senators sues the other for defamation, is there a defense available to the defamation claim?

Accepted Answer

A)  Yes, a limited privilege 
B)  Yes, an absolute privilege 
C)  Yes, a legal privilege 
D)  Yes, a negligence privilege 
E)  No, there is no privilege allowed for defamation. 
A)  Yes, a limited privilege 
B)  Yes, an absolute privilege 
C)  Yes, a legal privilege 
D)  Yes, a negligence privilege 
E)  No, there is no privilege allowed for defamation.

Question 6

If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.

Accepted Answer

A) True 
 B)False

Question 7

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made ________.

Accepted Answer

A)  with actual malice 
B)  negligently 
C)  in print 
D)  publicly 
E)  to an employer 
A)  with actual malice 
B)  negligently 
C)  in print 
D)  publicly 
E)  to an employer

Question 8

Assault and battery are always claimed at the same time.

Accepted Answer

A) True 
 B)False

Question 9

Samantha creates photos featuring an unflattering photograph of the president of the college she attends and sells them outside of class for extra money. She did not obtain permission to use the photograph. Which of the following is true?

Accepted Answer

A)  Samantha has committed defamation of the college president in the form of slander. 
B)  Samantha has committed defamation of the college president in the form of libel. 
C)  Samantha has appropriated the photograph for commercial gain, which constitutes an invasion of privacy. 
D)  Samantha has committed both defamation and invasion of privacy toward the college president. 
E)  Samantha has not committed any tort. 
A)  Samantha has committed defamation of the college president in the form of slander. 
B)  Samantha has committed defamation of the college president in the form of libel. 
C)  Samantha has appropriated the photograph for commercial gain, which constitutes an invasion of privacy. 
D)  Samantha has committed both defamation and invasion of privacy toward the college president. 
E)  Samantha has not committed any tort.

Question 10

Which of the following is true regarding awards of punitive damages in the U.S.?

Accepted Answer

A)  It is not always easy to predict what a court will do regarding punitive damages in any given case. 
B)  Punitive damages may not be awarded in excess of $3 million. 
C)  A ratio of punitive damages to compensatory damages greater than 9 to 1 violates due process. 
D)  The Supreme Court ruled that the issue of punitive damages is for the jury and will not be disturbed on appeal, regardless of the ratio of punitive damages to compensatory damages. 
E)  Awards of punitive damages in the U.S. are very similar to awards of punitive damages under the Canadian judicial system. 
A)  It is not always easy to predict what a court will do regarding punitive damages in any given case. 
B)  Punitive damages may not be awarded in excess of $3 million. 
C)  A ratio of punitive damages to compensatory damages greater than 9 to 1 violates due process. 
D)  The Supreme Court ruled that the issue of punitive damages is for the jury and will not be disturbed on appeal, regardless of the ratio of punitive damages to compensatory damages. 
E)  Awards of punitive damages in the U.S. are very similar to awards of punitive damages under the Canadian judicial system.

Question 11

Which tort occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact?

Accepted Answer

A)  Assault 
B)  Battery 
C)  Assault and battery 
D)  Defamation 
E)  Strict liability 
A)  Assault 
B)  Battery 
C)  Assault and battery 
D)  Defamation 
E)  Strict liability

Question 12

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?

Accepted Answer

A)  There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called. 
B)  When a retailer has reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time. 
C)  Whenever a retailer has reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police. 
D)  The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police. 
E)  The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive. 
A)  There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called. 
B)  When a retailer has reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time. 
C)  Whenever a retailer has reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police. 
D)  The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police. 
E)  The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive.

Question 13

A defendant is found liable for causing cancer due to the dumping of toxins into the river. The court awards a plaintiff who was sick $5 million in damages, in addition to compensating the plaintiff for all medical costs, lost wages, pain and suffering, and actual losses. The $5 million award is intended to ensure the company never dumps toxins again. The $5 million is an example of what type of damages?

Accepted Answer

A)  Nominal 
B)  Compensatory 
C)  Punitive 
D)  Retaliatory 
E)  Revenge 
A)  Nominal 
B)  Compensatory 
C)  Punitive 
D)  Retaliatory 
E)  Revenge

Question 14

Which of the following is not an objective of tort law?

Accepted Answer

A)  To compensate innocent persons who are injured. 
B)  To impose criminal penalties on those who commit wrongdoing. 
C)  To contribute to an ordered society. 
D)  To discourage retaliation by injured parties. 
E)  To satisfy our collective sense of right or wrong. 
A)  To compensate innocent persons who are injured. 
B)  To impose criminal penalties on those who commit wrongdoing. 
C)  To contribute to an ordered society. 
D)  To discourage retaliation by injured parties. 
E)  To satisfy our collective sense of right or wrong.

Question 15

What type of torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes?

Accepted Answer

A)  Criminal 
B)  Liability 
C)  Intentional 
D)  Negligent 
E)  Strict-liability 
A)  Criminal 
B)  Liability 
C)  Intentional 
D)  Negligent 
E)  Strict-liability

Question 16

[Feuding Neighbors] Taylor is angry because her neighbor, Jon, allows his dog to chase her cat, so she decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair from Jon's deck. She intends to keep the chair and not give it back. Taylor further takes a rake off of Jon's deck that she plans to return after she finishes raking her leaves. Jon did not give her permission to take the rake or the chair. Jon is not happy about the farm animals and the loud music.
-What action would Jon have against Taylor for taking the rake?

Accepted Answer

A)  Trespass to personal property. 
B)  Conversion. 
C)  Private nuisance. 
D)  Negligence. 
E)  Harassment. 
A)  Trespass to personal property. 
B)  Conversion. 
C)  Private nuisance. 
D)  Negligence. 
E)  Harassment.

Question 17

Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation?

Accepted Answer

A)  Politicians, but not entertainers, are generally considered to be public figures. 
B)  Entertainers, but not politicians, are generally considered to be public figures. 
C)  Small business owners and politicians, but not entertainers, are generally considered to be public figures. 
D)  Politicians and entertainers, but not small business owners, are generally considered to be public figures. 
E)  Small business owners, but not politicians or entertainers, are generally considered to be public figures. 
A)  Politicians, but not entertainers, are generally considered to be public figures. 
B)  Entertainers, but not politicians, are generally considered to be public figures. 
C)  Small business owners and politicians, but not entertainers, are generally considered to be public figures. 
D)  Politicians and entertainers, but not small business owners, are generally considered to be public figures. 
E)  Small business owners, but not politicians or entertainers, are generally considered to be public figures.

Question 18

Which of the following is not a typical type of compensatory damage?

Accepted Answer

A)  Pain and suffering. 
B)  Cost to repair damaged property. 
C)  Medical expenses. 
D)  Lost wages. 
E)  Damages to punish the defendant for wrongdoing. 
A)  Pain and suffering. 
B)  Cost to repair damaged property. 
C)  Medical expenses. 
D)  Lost wages. 
E)  Damages to punish the defendant for wrongdoing.

Question 19

Tort law consists of which of the following?

Accepted Answer

A)  A civil or criminal action in state court. 
B)  A civil or criminal action in federal court. 
C)  A breach of contract. 
D)  A wrong or injury to another, including a breach of contract. 
E)  A wrong or injury to another, other than a breach of contract. 
A)  A civil or criminal action in state court. 
B)  A civil or criminal action in federal court. 
C)  A breach of contract. 
D)  A wrong or injury to another, including a breach of contract. 
E)  A wrong or injury to another, other than a breach of contract.

Question 20

[Pet Police] Min-ji breeds German Shepherd dogs. Daniel, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Daniel allowed Casanova to roam freely. Unfortunately, Casanova went to visit Min-ji's purebred German Shepherd. Mixed breed puppies resulted from the visit. Min-ji was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time an animal entered her property. Daniel and some of the other neighbors took offense. Daniel came to Min-ji's house while she was working in the yard. He walked behind her and shoved her. Min-ji did not see him coming. Min-ji turned around and proceeded to have a heated conversation with Daniel. Min-ji then drew her fist back and told Daniel that she was going to punch him in the nose. Min-ji raised back her arm and started to punch Daniel but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Liz, who was walking by on the street, saw Min-ji attempting to hit Daniel. Liz came over and grabbed Min-ji's hands, pinning Min-ji 's hands behind her back.
-Min-ji's action in jabbing Daniel after she missed his nose constitutes which of the following?

Accepted Answer

A)  Battery. 
B)  Nothing, because his conduct would not be deemed offensive. 
C)  Nothing, because she missed the nose, and Daniel was not actually hurt. 
D)  Nothing, because by entering Min-ji's yard, Daniel consented to any offensive touching. 
E)  Nothing, because Daniel deserved what he got. 
A)  Battery. 
B)  Nothing, because his conduct would not be deemed offensive. 
C)  Nothing, because she missed the nose, and Daniel was not actually hurt. 
D)  Nothing, because by entering Min-ji's yard, Daniel consented to any offensive touching. 
E)  Nothing, because Daniel deserved what he got.

Exam 8: Tort Law

Tort law is set by federal law that is then implemented by the states.

In the U.S. system of torts, torts are commonly classified as:

Which of the following is not true in regards to the innocent dissemination defense of online service providers (OSPs) in Canada?

Which of the following torts seek to compensate people wrongfully subjected to litigation?

If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made ________.

Assault and battery are always claimed at the same time.

Samantha creates photos featuring an unflattering photograph of the president of the college she attends and sells them outside of class for extra money. She did not obtain permission to use the photograph. Which of the following is true?

Which of the following is true regarding awards of punitive damages in the U.S.?

Which tort occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact?

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?

Which of the following is not an objective of tort law?

What type of torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes?

Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation?

Which of the following is not a typical type of compensatory damage?

Tort law consists of which of the following?

An Introduction to Dynamic Business Law

Business Ethics

The Us Legal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Intellectual Property

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title, Risk of Loss, and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, Holder in Due Course, and Defenses

Liability, Defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, Formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, Officers, and Shareholders

Corporations: Mergers, Consolidations, Terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Employment Discrimination

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

Filters