Exam 6: Tort Law and Cybertorts

A tabloid journalist pays money to the trash collector of a celebrity movie star in order to obtain access to the celebrity's trash. The journalist then writes a story about the celebrity's lifestyle based upon the contents of the trash. The trash is locked in a special building on the celebrity's property and the trash collector has a key to the building and has signed a confidentiality agreement. Is truth a defense that the journalist may assert when sued by the celebrity?

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(Essay)

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Question 1

Correct Answer:

Verified

No. While truth is a defense to defamation, the celebrity may sue for an intrusion into the expectation of privacy and exploitation of information. The trash being locked in a special building on the celebrity's property and the trash collector signing a confidentiality agreement indicates that the celebrity had a very high expectation of privacy. The celebrity could also sue the trash collector for breach of contract. The court may side with the celebrity in suing the journalist and the trash collector.

The Daubert case involved jurisscience, the intersection of law and science, to help the court determine a question of real or:

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(Multiple Choice)

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Question 2

Correct Answer:

Verified

____________ is the communication of false and destructive information about an individual through the use of electronic devices.

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(Multiple Choice)

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Question 3

Correct Answer:

Verified

The theory of means .

(Multiple Choice)

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Question 4

The doctrine of respondeat superior is also referred to as vicarious liability.

(True/False)

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Question 5

____________ is an element of negligence that occurs if the alleged tortfeasor has not met the appropriate standard of care.

(Multiple Choice)

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Question 6

In many states, to successfully sue for intentional infliction of emotional distress, a plaintiff must prove he or she has suffered some accompanying physical injury.

(True/False)

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Question 7

The Classic Case of Overseas Tankship v. Morts Dock and Engineering involved a question of whether the harm suffered by the plaintiffs was reasonably foreseeable.

(True/False)

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Question 8

Carey was injured when hit by a truck driven recklessly by Steven, an employee of the American Trucking Company. On what basis may Carey sue the American Trucking Company when Steven was the individual being reckless?

(Essay)

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Question 9

Proximate cause is the same as "cause in fact."

(True/False)

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Question 10

Cyber defamation involves false statements communicated through the Internet to others that in some way casts doubt upon the ownership or the quality of an item of property or a product offered for sale.

(True/False)

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Question 11

An injunction occurs when a court orders a defendant to pay damages or face jail time.

(True/False)

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Question 12

Victoria is seriously injured when, during a thunderstorm, a large and seemingly healthy tree located on private property falls on her car. Discuss if Victoria can file a negligence lawsuit against the owner of the tree and be successful.

(Essay)

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Question 13

A security guard employed by Aria Stores accused Brentley of shoplifting and left him handcuffed to a post by a cash register for 15 minutes until local police arrived. Brentley sued Aria Stores for false imprisonment and a jury awarded Brentley $1,000 in compensatory damages and $1,000,000 in punitive damages. Does Aria Stores have a legal basis for appealing the damage award?

(Essay)

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Question 14

Cybertorts frequently involve intentional harm to an individual's physical well-being.

(True/False)

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Question 15

James uses fireworks to celebrate the victory of his favorite team in the soccer finals. If James unintentionally injures a person walking on the pavement, he can be held responsible based on strict liability.

(True/False)

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Question 16

____________ occurs when false statements or actions, or a combination thereof, are made by one party in a way that causes another party to rely on those misrepresentations and then suffers an injury or loss as a result.

(Multiple Choice)

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Question 17

Under the Communications Decency Act, an Internet service provider can be held liable for the defamatory content of a customer's posting.

(True/False)

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Question 18

Senator Smith, speaking on the floor of the U.S. Senate, makes a statement about Ms. Doe, a private citizen, that is false. In order for to prevail at trial, she must prove Senator Smith made the statement with because of his status as a .

(Multiple Choice)

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Question 19

At the conclusion of a tort trial, the jury finds the plaintiff about 30% responsible for the damages she suffered and the defendant about 70% responsible for causing the damages. The jury determines the actual damages totals to $100,000. How much will the plaintiff recover under comparative negligence?

(Multiple Choice)

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Question 20

Showing 1 - 20 of 53

Exam 6: Tort Law and Cybertorts

The Daubert case involved jurisscience, the intersection of law and science, to help the court determine a question of real or:

____________ is the communication of false and destructive information about an individual through the use of electronic devices.

The theory of ____________ means ____________.

The doctrine of respondeat superior is also referred to as vicarious liability.

____________ is an element of negligence that occurs if the alleged tortfeasor has not met the appropriate standard of care.

In many states, to successfully sue for intentional infliction of emotional distress, a plaintiff must prove he or she has suffered some accompanying physical injury.

The Classic Case of Overseas Tankship v. Morts Dock and Engineering involved a question of whether the harm suffered by the plaintiffs was reasonably foreseeable.

Carey was injured when hit by a truck driven recklessly by Steven, an employee of the American Trucking Company. On what basis may Carey sue the American Trucking Company when Steven was the individual being reckless?

Proximate cause is the same as "cause in fact."

Cyber defamation involves false statements communicated through the Internet to others that in some way casts doubt upon the ownership or the quality of an item of property or a product offered for sale.

An injunction occurs when a court orders a defendant to pay damages or face jail time.

Victoria is seriously injured when, during a thunderstorm, a large and seemingly healthy tree located on private property falls on her car. Discuss if Victoria can file a negligence lawsuit against the owner of the tree and be successful.

Cybertorts frequently involve intentional harm to an individual's physical well-being.

James uses fireworks to celebrate the victory of his favorite team in the soccer finals. If James unintentionally injures a person walking on the pavement, he can be held responsible based on strict liability.

____________ occurs when false statements or actions, or a combination thereof, are made by one party in a way that causes another party to rely on those misrepresentations and then suffers an injury or loss as a result.

Under the Communications Decency Act, an Internet service provider can be held liable for the defamatory content of a customer's posting.

Senator Smith, speaking on the floor of the U.S. Senate, makes a statement about Ms. Doe, a private citizen, that is false. In order for to prevail at trial, she must prove Senator Smith made the ____________ statement with ____________ because of his status as a ____________.

Ethics, Social Responsibility, and the Law

Sources of the Law

The Judicial Process and Cyber-Procedure

Alternate Dispute Resolution

Criminal Law and Cybercrimes

The Essentials of Contract Law

Offer, Acceptance, and Mutual Assent

Consideration and Cyber-Payments

Capacity and Legality: The Final Elements

Written Contracts and Cyber-Commerce

Third Parties, Discharge, and Remedies

Sales Contracts: Formation, Title, and Risk of Loss

Sales Contracts Rights, Duties, Breach, and Warranties

Product Liability and Consumer Protection

The Nature of Negotiable Instruments

Holders in Due Course Defenses and Liabilities

Bank-Depositor Relationships and Cyber-Banking

Insurance

Mortgages and Security Interests

Bankruptcy and Debt Adjustment

Agency Law

Employment Law

Labor Law

Sole Proprietorships and Partnerships

The Corporate Entity

Corporate Governance

Government Regulation of Corporate Business

Personal Property and Bailments

Real Property and Landlord and Tenant Law

Wills, Trusts, and Advanced Directives

Professional Liability

The Intersection of Law and Science

International Law

Filters

The theory of means .

Senator Smith, speaking on the floor of the U.S. Senate, makes a statement about Ms. Doe, a private citizen, that is false. In order for to prevail at trial, she must prove Senator Smith made the statement with because of his status as a .