Question 1

The US Supreme court has considered punitive damages in some important cases in recent years. The best characterization of its rulings from the below is: The court has:

Accepted Answer

A) upheld the right of juries to award punitive damages but has limited the amount and basis of such damages based on the due process clause. 
B) expanded the basis upon which such awards may be based to include negligence as well as gross negligence and intentional torts. 
C) deferred to the determination of what is appropriate to the state courts based on local customs and social standards and state rights. 
D) banned the award of punitive damages based on the taking rule of the due process clause if the defendant is corporation. 
A) upheld the right of juries to award punitive damages but has limited the amount and basis of such damages based on the due process clause. 
B) expanded the basis upon which such awards may be based to include negligence as well as gross negligence and intentional torts. 
C) deferred to the determination of what is appropriate to the state courts based on local customs and social standards and state rights. 
D) banned the award of punitive damages based on the taking rule of the due process clause if the defendant is corporation.

Question 2

Pain and suffering from injuries caused by a negligent driver in an automobile accident are examples of _________________ damages that compensate for other than out-of-pocket losses.

Accepted Answer

general OR

Question 3

When athletes wear defective protective gear and are injured while using the equipment they may bring a suit for consortium against the manufacture and seller of the gear.

Accepted Answer

A) True 
 B)False

Question 4

Describe two torts that involve defamation of character. Which is easier to prove? Why?

Accepted Answer

Slander is making oral false and harmful

Question 5

Solomon filed a complaint stating, "I went over to my neighbor Garcia's house and he refused to let me borrow his lawn mower. A possible buyer of my house came over that evening and, when she saw my unkept lawn decided not to buy the house. I demand $2,000 from Garcia because he would not let me use his lawn mower and cost me a sure sale." Solomon

Accepted Answer

A) has stated a cause of action for fraud. 
B) has stated a cause of action for negligence. 
C) has stated a cause of action conversion. 
D) has no tort claim. 
A) has stated a cause of action for fraud. 
B) has stated a cause of action for negligence. 
C) has stated a cause of action conversion. 
D) has no tort claim.

Question 6

A retail store

Accepted Answer

A) is expected to protect customers from unexpected and unknown dangers. 
B) owes trespassers absolutely no duty. 
C) is expected to protect customers against known dangers. 
D) all of the above 
A) is expected to protect customers from unexpected and unknown dangers. 
B) owes trespassers absolutely no duty. 
C) is expected to protect customers against known dangers. 
D) all of the above

Question 7

Truth is an absolute defense against a defamation lawsuit.

Accepted Answer

A) True 
 B)False

Question 8

Most injuries, and hence torts, arise from the role of individuals as ____________ , _________________ , and _______________ .

Accepted Answer

consumers;

Question 9

Critics assert that our tort system promotes litigation and, as a result, has produced an overly litigious society. Identify possible and reasonable reforms that might help to alleviate this objection.

Accepted Answer

​Possible deficiencies include the fact

Question 10

To be actionable in defamation, statements must damage an individual's reputation; No defamation action exists for defamation of a product or business.

Accepted Answer

A) True 
 B)False

Question 11

If the manufacturer used actual footage of the sports celebrity engaged in athletic competition in order to create the appearance that the celebrity endorsed its product, when she did not, the female athlete's best course of action against the manufacturer would be for

Accepted Answer

A) Commercial appropriation 
B) Defamation 
C) Public Disclosure of Private Facts 
D) Intrusion into plaintiff's solitude 
A) Commercial appropriation 
B) Defamation 
C) Public Disclosure of Private Facts 
D) Intrusion into plaintiff's solitude

Question 12

Which of the following activities (all of which cause serious injuries) is not an example for application of the doctrine of strict liability?

Accepted Answer

A) A welder, injured on the job in an automobile assembly plant, qualifies for payments under workers' compensation. 
B) An elephant, used for many years to help raise a big circus tent, for an unknown reason goes berserk and seriously injures several onlookers among a large group of local residents watching the activity. 
C) A heavy duty truck runs a red light and plows into an automobile in a downtown intersection, killing all of the occupants. 
D) An undetected defect in the steering mechanism of a heavy-duty truck causes it to crash, killing its driver. 
A) A welder, injured on the job in an automobile assembly plant, qualifies for payments under workers' compensation. 
B) An elephant, used for many years to help raise a big circus tent, for an unknown reason goes berserk and seriously injures several onlookers among a large group of local residents watching the activity. 
C) A heavy duty truck runs a red light and plows into an automobile in a downtown intersection, killing all of the occupants. 
D) An undetected defect in the steering mechanism of a heavy-duty truck causes it to crash, killing its driver.

Question 13

A downhill snowboarder who hits a tree, receiving serious head injuries probably cannot successfully sue the ski resort because of the doctrine of _________________ .

Accepted Answer

The answer of A downhill snowboarder who hits a tree,...

Question 14

Hopkins, a Buffalo Bills fan, fell from the upper deck of Ralph Wilson Stadium and injured another spectator last year. Stadium video surveillance revealed that Hopkins slid partway down a railing and climbed back up to his seat several times before falling backward on his fifth slide. He tumbled 20 to 25 feet and landed on Mark Bratcher, injuring the man's head, neck and back. Hopkins was not seriously hurt. Dr. Loubert Steven Suddaby, Bratcher's neurosurgeon, testified that Bratcher had bulging discs in two places in his cervical spine and a herniated disc in his middle spine. He said if the impact had been only two inches forward, Bratcher could have been killed or left a quadriplegic. Batcher sues Hopkins for negligence. Discuss actual and proximate cause on these facts.

Accepted Answer

Actual cause in this case involved an in

Question 15

The law imposes a general duty on all persons to refrain from wrongfully injuring another person's good reputation through false and harmful, unprivileged statements made to others.

Accepted Answer

A) True 
 B)False

Question 16

Even deliberate trespassers and burglars have some legal rights while trespassing on another's property.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following categories of privacy invasion of an ordinary citizen would not justify an award of damages?

Accepted Answer

A) unreasonable publicity about one's private life 
B) appropriation of another person's name for use in advertisements without permission 
C) taking photographs with a zoom lens of a nude sunbather in his or her backyard 
D) snapping a person's picture while sitting at a coffee shop 
A) unreasonable publicity about one's private life 
B) appropriation of another person's name for use in advertisements without permission 
C) taking photographs with a zoom lens of a nude sunbather in his or her backyard 
D) snapping a person's picture while sitting at a coffee shop

Question 18

What is the difference between a duty to act reasonably and a duty to act?

Accepted Answer

Explanation-Beginning with the case of E

Question 19

When tort cases are begun in court, the media often publicizes the amount of damages the plaintiff (victim) seeks from the defendant (wrongdoer). This dollar amount is often designed by the plaintiff's lawyer to attract media attention rather reflecting the reasonable value of the client's case.

Accepted Answer

A) True 
 B)False

Question 20

Fault is not a factor in the tort of

Accepted Answer

A) false imprisonment. 
B) battery. 
C) negligence. 
D) strict liability. 
A) false imprisonment. 
B) battery. 
C) negligence. 
D) strict liability.

The US Supreme court has considered punitive damages in some important cases in recent years. The best characterization of its rulings from the below is: The court has:

Pain and suffering from injuries caused by a negligent driver in an automobile accident are examples of _________________ damages that compensate for other than out-of-pocket losses.

When athletes wear defective protective gear and are injured while using the equipment they may bring a suit for consortium against the manufacture and seller of the gear.

Describe two torts that involve defamation of character. Which is easier to prove? Why?

A retail store

Truth is an absolute defense against a defamation lawsuit.

Most injuries, and hence torts, arise from the role of individuals as ____ , _ , and _______ .

Critics assert that our tort system promotes litigation and, as a result, has produced an overly litigious society. Identify possible and reasonable reforms that might help to alleviate this objection.

To be actionable in defamation, statements must damage an individual's reputation; No defamation action exists for defamation of a product or business.

If the manufacturer used actual footage of the sports celebrity engaged in athletic competition in order to create the appearance that the celebrity endorsed its product, when she did not, the female athlete's best course of action against the manufacturer would be for

Which of the following activities (all of which cause serious injuries) is not an example for application of the doctrine of strict liability?

A downhill snowboarder who hits a tree, receiving serious head injuries probably cannot successfully sue the ski resort because of the doctrine of _________________ .

The law imposes a general duty on all persons to refrain from wrongfully injuring another person's good reputation through false and harmful, unprivileged statements made to others.

Even deliberate trespassers and burglars have some legal rights while trespassing on another's property.

Which of the following categories of privacy invasion of an ordinary citizen would not justify an award of damages?

What is the difference between a duty to act reasonably and a duty to act?

When tort cases are begun in court, the media often publicizes the amount of damages the plaintiff (victim) seeks from the defendant (wrongdoer). This dollar amount is often designed by the plaintiff's lawyer to attract media attention rather reflecting the reasonable value of the client's case.

Fault is not a factor in the tort of

Introduction to Law

The Constitution

The Court System

Attorney-Client Relationship and Dispute Resolution

Administrative Law

Crimes: Public Wrongs

Contracts: Enforceable Agreements

Real Property and Home Ownership

Intellectual and Personal Property Including Motor Vehicles

Renters and Landlords

Employee and Employer Rights and Duties

Consumer Rights, Privacy, and Protection

Family Law

Wills, Trusts, and Probate

Filters

Exam 7: Torts: Private Wrongs

The US Supreme court has considered punitive damages in some important cases in recent years. The best characterization of its rulings from the below is: The court has:

Pain and suffering from injuries caused by a negligent driver in an automobile accident are examples of _________________ damages that compensate for other than out-of-pocket losses.

When athletes wear defective protective gear and are injured while using the equipment they may bring a suit for consortium against the manufacture and seller of the gear.

Describe two torts that involve defamation of character. Which is easier to prove? Why?

A retail store

Truth is an absolute defense against a defamation lawsuit.

Most injuries, and hence torts, arise from the role of individuals as ____________ , _________________ , and _______________ .

Critics assert that our tort system promotes litigation and, as a result, has produced an overly litigious society. Identify possible and reasonable reforms that might help to alleviate this objection.

To be actionable in defamation, statements must damage an individual's reputation; No defamation action exists for defamation of a product or business.

If the manufacturer used actual footage of the sports celebrity engaged in athletic competition in order to create the appearance that the celebrity endorsed its product, when she did not, the female athlete's best course of action against the manufacturer would be for

Which of the following activities (all of which cause serious injuries) is not an example for application of the doctrine of strict liability?

A downhill snowboarder who hits a tree, receiving serious head injuries probably cannot successfully sue the ski resort because of the doctrine of _________________ .

The law imposes a general duty on all persons to refrain from wrongfully injuring another person's good reputation through false and harmful, unprivileged statements made to others.

Even deliberate trespassers and burglars have some legal rights while trespassing on another's property.

Which of the following categories of privacy invasion of an ordinary citizen would not justify an award of damages?

What is the difference between a duty to act reasonably and a duty to act?

When tort cases are begun in court, the media often publicizes the amount of damages the plaintiff (victim) seeks from the defendant (wrongdoer). This dollar amount is often designed by the plaintiff's lawyer to attract media attention rather reflecting the reasonable value of the client's case.

Fault is not a factor in the tort of

Introduction to Law

The Constitution

The Court System

Attorney-Client Relationship and Dispute Resolution

Administrative Law

Crimes: Public Wrongs

Contracts: Enforceable Agreements

Real Property and Home Ownership

Intellectual and Personal Property Including Motor Vehicles

Renters and Landlords

Employee and Employer Rights and Duties

Consumer Rights, Privacy, and Protection

Family Law

Wills, Trusts, and Probate

Filters

Most injuries, and hence torts, arise from the role of individuals as ____ , _ , and _______ .