Question 1

In addition to damaging a reputation of a person, defamation can involve:

Accepted Answer

A)  damage to the profits of a company 
B)  damage to the good name of a company 
C)  damage to the good name of the defendant 
D)  negligence on the part of the defendant 
E)  none of the other choices 
A)  damage to the profits of a company 
B)  damage to the good name of a company 
C)  damage to the good name of the defendant 
D)  negligence on the part of the defendant 
E)  none of the other choices

Question 2

Intentional torts:

Accepted Answer

A)  are determined by state statute 
B)  are based on careless actions of defendants 
C)  are determined by international statute 
D)  only concern actions that inflict harm on humans 
E)  none of the other choices 
A)  are determined by state statute 
B)  are based on careless actions of defendants 
C)  are determined by international statute 
D)  only concern actions that inflict harm on humans 
E)  none of the other choices

Question 3

Because theft is such a large problem most state legislatures allow stores to hold anyone for suspected shoplifting without threat of tort suit.

Accepted Answer

A) True 
 B)False

Question 4

The sine qua non rule or but for rule is that:

Accepted Answer

A)  the injury would not have occurred if the victim had known the tortfeasor 
B)  the injury would not have occurred but for the conduct of the tortfeasor 
C)  the injury is the fault of the tortfeasor 
D)  the injury occurred because of the tortfeasor's lack of knowledge 
E)  none of the other choices 
A)  the injury would not have occurred if the victim had known the tortfeasor 
B)  the injury would not have occurred but for the conduct of the tortfeasor 
C)  the injury is the fault of the tortfeasor 
D)  the injury occurred because of the tortfeasor's lack of knowledge 
E)  none of the other choices

Question 5

The tort involving spoken defamatory communication is:

Accepted Answer

A)  invasion of privacy 
B)  libel 
C)  privilege 
D)  negligence 
E)  none of the other choices 
A)  invasion of privacy 
B)  libel 
C)  privilege 
D)  negligence 
E)  none of the other choices

Question 6

Which of the following is unlikely to be classified an intentional tort:

Accepted Answer

A)  running at a stranger while waving an iron pipe at them 
B)  spreading rumors that someone robbed a bank in the past 
C)  a man grabs a woman he does not know and kisses her despite her protests 
D)  secretly making tapes of your roommate's phone calls 
E)  all of the other choices are likely to be intentional torts 
A)  running at a stranger while waving an iron pipe at them 
B)  spreading rumors that someone robbed a bank in the past 
C)  a man grabs a woman he does not know and kisses her despite her protests 
D)  secretly making tapes of your roommate's phone calls 
E)  all of the other choices are likely to be intentional torts

Question 7

In Noel v. River Hills Wilsons, where false information about Noel was accidentally given to an employer, the appeals court held that Noel could not sue for damages for defamation because there was conditional privilege in the workplace.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is unlikely to be classified an intentional tort:

Accepted Answer

A)  running at a stranger while waving an iron pipe at them 
B)  getting smashed in the face by a baseball at a baseball game 
C)  a man grabs a woman he does not know and kisses her despite her protests 
D)  secretly making tapes of your roommate's phone calls 
E)  all of the other choices are likely to be intentional torts 
A)  running at a stranger while waving an iron pipe at them 
B)  getting smashed in the face by a baseball at a baseball game 
C)  a man grabs a woman he does not know and kisses her despite her protests 
D)  secretly making tapes of your roommate's phone calls 
E)  all of the other choices are likely to be intentional torts

Question 9

Joe finds Mary alone in the copy room at work. He closes the door, says "I know you really want me baby," and pins her against the wall, forcing her to be very close to him for 10 minutes while he tells her how much he wants her. She keeps telling him to get away. There:

Accepted Answer

A)  is no tort here; the required elements did not occur 
B)  is no tort here because Mary was not injured and she could have ducked under his arms and gotten away easily 
C)  is no tort here because, even though Joe is a jerk in Mary's eyes, he was only kidding and there was no damage 
D)  is no tort here because Mary should know that Joe is not really dangerous, just a jerk 
E)  none of the other choices 
A)  is no tort here; the required elements did not occur 
B)  is no tort here because Mary was not injured and she could have ducked under his arms and gotten away easily 
C)  is no tort here because, even though Joe is a jerk in Mary's eyes, he was only kidding and there was no damage 
D)  is no tort here because Mary should know that Joe is not really dangerous, just a jerk 
E)  none of the other choices

Question 10

The right to privacy is:

Accepted Answer

A)  protected by the tort of invasion of privacy, a fairly recent development in tort law 
B)  strongly protected if one is an entertainer, politician, or other "public personality" 
C)  recognized by courts, even when information about a person is taken from public files and published 
D)  one created by state statute in most states 
E)  all of the other choices 
A)  protected by the tort of invasion of privacy, a fairly recent development in tort law 
B)  strongly protected if one is an entertainer, politician, or other "public personality" 
C)  recognized by courts, even when information about a person is taken from public files and published 
D)  one created by state statute in most states 
E)  all of the other choices

Question 11

The fear of immediate bodily harm that occurs for there to be an assault is fear:

Accepted Answer

A)  that would be suffered by a reasonable person under the circumstances 
B)  that was suffered by the plaintiff, as demonstrated by the plaintiff's proof, given the plaintiff's mental condition at the time of the event 
C)  that the plaintiff alleges to have suffered, regardless of the circumstances 
D)  that any "sensitive person" would have suffered under similar circumstances 
E)  that the judge instructs the jury has occurred or not, under the circumstances 
A)  that would be suffered by a reasonable person under the circumstances 
B)  that was suffered by the plaintiff, as demonstrated by the plaintiff's proof, given the plaintiff's mental condition at the time of the event 
C)  that the plaintiff alleges to have suffered, regardless of the circumstances 
D)  that any "sensitive person" would have suffered under similar circumstances 
E)  that the judge instructs the jury has occurred or not, under the circumstances

Question 12

In Geczi v. Lifetime Fitness, where Geczi suffered an injury when a treadmill at Lifetime malfunctioned but a jury held Lifetime not to be negligent, the appeals court held that Lifetime:

Accepted Answer

A)  was liable for negligence for failure to warn Geczi of the risks 
B)  was liable for negligence because the machine was not properly maintained 
C)  was not liable because Geczi had been seen not exercising good judgment when using the machine 
D)  was not liable because Geczi assumed the risk and signed a liability waiver 
E)  none of the other choices 
A)  was liable for negligence for failure to warn Geczi of the risks 
B)  was liable for negligence because the machine was not properly maintained 
C)  was not liable because Geczi had been seen not exercising good judgment when using the machine 
D)  was not liable because Geczi assumed the risk and signed a liability waiver 
E)  none of the other choices

Question 13

You see a house on fire and break down the door to see if anyone needs to be rescued. If the owner of the house sues you for the value of the door, you have a defense called privilege.

Accepted Answer

A) True 
 B)False

Question 14

The assumption of risk defense requires that:

Accepted Answer

A)  the injured party knew or should have known of the risks involved in a situation and voluntarily assumes the risk 
B)  the defendant had an "assumption of risk" insurance policy 
C)  the defendant posted warning signs where the victim could have read them 
D)  all of the specific choices 
E)  none of the specific choices 
A)  the injured party knew or should have known of the risks involved in a situation and voluntarily assumes the risk 
B)  the defendant had an "assumption of risk" insurance policy 
C)  the defendant posted warning signs where the victim could have read them 
D)  all of the specific choices 
E)  none of the specific choices

Question 15

In contrast to a criminal case, in a tort case:

Accepted Answer

A)  the alleged wrongdoer is being tried by the government 
B)  the victim is only a witness, not a party to the case 
C)  the victim does not receive compensation for injuries, but the wrongdoer may have to pay restitution 
D)  the case is brought to court by the government 
E)  none of the other specific choices 
A)  the alleged wrongdoer is being tried by the government 
B)  the victim is only a witness, not a party to the case 
C)  the victim does not receive compensation for injuries, but the wrongdoer may have to pay restitution 
D)  the case is brought to court by the government 
E)  none of the other specific choices

Question 16

One need only exhibit the ordinary care of a reasonable person when a determination is made if certain actions were negligent.

Accepted Answer

A) True 
 B)False

Question 17

While you are sound asleep, your roommate hits you in the head with a brick. This is most likely to be the tort of:

Accepted Answer

A)  assault 
B)  battery 
C)  negligence 
D)  malicious prosecution 
E)  privilege 
A)  assault 
B)  battery 
C)  negligence 
D)  malicious prosecution 
E)  privilege

Question 18

Albert is attacked by Bruce while getting out of his car in a store parking lot. Albert punches Bruce in the face, breaking Bruce's nose. When Bruce sues Albert for battery, Albert is likely to use ____ as a defense.

Accepted Answer

A)  defense of property 
B)  self-defense 
C)  consent 
D)  privilege 
E)  none of the other choices 
A)  defense of property 
B)  self-defense 
C)  consent 
D)  privilege 
E)  none of the other choices

Question 19

Even if an injured party establishes the required elements of negligence, the injured party may be denied compensation if the defendant establishes:

Accepted Answer

A)  a plausible cause 
B)  a substantial defense 
C)  a proximate cause 
D)  a proximate defense 
E)  none of the other choices 
A)  a plausible cause 
B)  a substantial defense 
C)  a proximate cause 
D)  a proximate defense 
E)  none of the other choices

Question 20

Tort law can be classified as:

Accepted Answer

A)  negligent 
B)  intentional 
C)  strict liability 
D)  all of the other choices 
E)  none of the other specific choices 
A)  negligent 
B)  intentional 
C)  strict liability 
D)  all of the other choices 
E)  none of the other specific choices

Exam 6: Elements of Torts

In addition to damaging a reputation of a person, defamation can involve:

Intentional torts:

Because theft is such a large problem most state legislatures allow stores to hold anyone for suspected shoplifting without threat of tort suit.

The sine qua non rule or but for rule is that:

The tort involving spoken defamatory communication is:

Which of the following is unlikely to be classified an intentional tort:

In Noel v. River Hills Wilsons, where false information about Noel was accidentally given to an employer, the appeals court held that Noel could not sue for damages for defamation because there was conditional privilege in the workplace.

Which of the following is unlikely to be classified an intentional tort:

Joe finds Mary alone in the copy room at work. He closes the door, says "I know you really want me baby," and pins her against the wall, forcing her to be very close to him for 10 minutes while he tells her how much he wants her. She keeps telling him to get away. There:

The right to privacy is:

The fear of immediate bodily harm that occurs for there to be an assault is fear:

In Geczi v. Lifetime Fitness, where Geczi suffered an injury when a treadmill at Lifetime malfunctioned but a jury held Lifetime not to be negligent, the appeals court held that Lifetime:

You see a house on fire and break down the door to see if anyone needs to be rescued. If the owner of the house sues you for the value of the door, you have a defense called privilege.

The assumption of risk defense requires that:

In contrast to a criminal case, in a tort case:

One need only exhibit the ordinary care of a reasonable person when a determination is made if certain actions were negligent.

While you are sound asleep, your roommate hits you in the head with a brick. This is most likely to be the tort of:

Albert is attacked by Bruce while getting out of his car in a store parking lot. Albert punches Bruce in the face, breaking Bruce's nose. When Bruce sues Albert for battery, Albert is likely to use ____ as a defense.

Even if an injured party establishes the required elements of negligence, the injured party may be denied compensation if the defendant establishes:

Tort law can be classified as:

Todays Business Environment: Law and Ethics

The Court Systems

Trials and Resolving Disputes

The Constitution: Focus on Application to Business

Criminal Law and Business

Business Torts and Product Liability

Real and Personal Property

Intellectual Property

Contracts

Domestic and International Sales

Business Organizations

Negotiable Instruments, Credit, and Bankruptcy

Agency and the Employment Relationship

Employment and Labor Regulations

Employment Discrimination

The Regulatory Process

Securities Regulation

Consumer Protection

Antitrust Law

Environmental Law

The International Legal Environment of Business

Filters