Question 1

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. E

Question 2

Explain the fair report privilege in relation to defamation and list the conditions required for it to apply.

Accepted Answer

A conditional privilege recognized in some states is the fair report privilege. This privilege protects the media if defamatory material is published in an article based on an official report. For the media to use the privilege, two conditions must exist: (1) The report must be of an official proceeding, and (2) the report must be complete and accurate or a fair abridgment of the official proceeding.

Question 3

Tort law is primarily state law.

Accepted Answer

A) True 
 B)False  True

Question 4

Bill decides to install two-way mirrors in the dressing room of his ladies' clothing store. He has a habit of watching ladies while they try on clothing. Which of the following has Bill committed?

Accepted Answer

A)  Intrusion on an individual's affairs or seclusion. 
B)  Assault. 
C)  Public disclosure of private facts. 
D)  False light invasion of property. 
E)  Commercial appropriation. 
A)  Intrusion on an individual's affairs or seclusion. 
B)  Assault. 
C)  Public disclosure of private facts. 
D)  False light invasion of property. 
E)  Commercial appropriation.

Question 5

List the three objectives of tort law and discuss whether you believe that additional tort reform should occur.

Accepted Answer

Tort law's primary objective is to provi

Question 6

Bob, who has a large trust fund, is angry at Alice because she stopped dating him. Alice ran a successful dog grooming shop but Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break up. Which of the following is correct?

Accepted Answer

A)  Bob has committed the tort of unfair competition. 
B)  Bob has committed the tort of interference with contract. 
C)  Bob has committed the tort of unfair competition and also the tort of interference with contract. 
D)  Bob has committed the tort of disparagement. 
E)  Bob has not committed any tort. 
A)  Bob has committed the tort of unfair competition. 
B)  Bob has committed the tort of interference with contract. 
C)  Bob has committed the tort of unfair competition and also the tort of interference with contract. 
D)  Bob has committed the tort of disparagement. 
E)  Bob has not committed any tort.

Question 7

In China, defamation can be a civil or criminal action.

Accepted Answer

A) True 
 B)False

Question 8

"Pet Police." Millie breeds German Shepherd dogs. Bernard, 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. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie 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, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back.
-Which of the following is true regarding Sally's actions toward Millie?

Accepted Answer

A)  Sally committed an assault. 
B)  Sally committed a battery. 
C)  Sally committed both an assault and a battery. 
D)  Sally did not commit any offense because she did not actually hurt Millie. 
E)  Sally did not commit any offense because she was acting in the defense of Bernard. 
A)  Sally committed an assault. 
B)  Sally committed a battery. 
C)  Sally committed both an assault and a battery. 
D)  Sally did not commit any offense because she did not actually hurt Millie. 
E)  Sally did not commit any offense because she was acting in the defense of Bernard.

Question 9

Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed?

Accepted Answer

A)  Negligent infliction of emotional distress. 
B)  Intentional infliction of strict-liability distress. 
C)  Intentional infliction of emotional distress. 
D)  Reckless invasion of solitude. 
E)  Psychological infliction of distress. 
A)  Negligent infliction of emotional distress. 
B)  Intentional infliction of strict-liability distress. 
C)  Intentional infliction of emotional distress. 
D)  Reckless invasion of solitude. 
E)  Psychological infliction of distress.

Question 10

"Pet Police." Millie breeds German Shepherd dogs. Bernard, 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. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie 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, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back.
-Millie's threat to punch Bernard in the nose and her action in raising back her arm in support constitute a[n] _______________.

Accepted Answer

A)  Assault and battery 
B)  Battery 
C)  Assault 
D)  Justified retribution 
E)  Negligence 
A)  Assault and battery 
B)  Battery 
C)  Assault 
D)  Justified retribution 
E)  Negligence

Question 11

_________ torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result.

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 12

Consent, if proven, is a defense to battery.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?

Accepted Answer

A)  Forcible detention. 
B)  False imprisonment. 
C)  Qualified imprisonment. 
D)  Contained detention. 
E)  False detention. 
A)  Forcible detention. 
B)  False imprisonment. 
C)  Qualified imprisonment. 
D)  Contained detention. 
E)  False detention.

Question 14

________ 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 15

When it comes to assault, apprehension and fear are considered as the same thing.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following would constitute the privacy tort of false light?

Accepted Answer

A)  Attributing characteristics or beliefs to a person that he or she does not possess. 
B)  Disclosing private facts about a person in order to obtain some sort of personal gain. 
C)  Defaming a person with actual malice. 
D)  Defaming a public figure. 
E)  Defaming a public figure for personal gain. 
A)  Attributing characteristics or beliefs to a person that he or she does not possess. 
B)  Disclosing private facts about a person in order to obtain some sort of personal gain. 
C)  Defaming a person with actual malice. 
D)  Defaming a public figure. 
E)  Defaming a public figure for personal gain.

Question 17

Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?

Accepted Answer

A)  The Internet Communications Act of 2000. 
B)  The Interactive Computer Services Protection Act of 2004. 
C)  The Communications Decency Act of 1996. 
D)  The Internet Communications Protection Act of 1998. 
E)  The Blog Protection Act of 2001. 
A)  The Internet Communications Act of 2000. 
B)  The Interactive Computer Services Protection Act of 2004. 
C)  The Communications Decency Act of 1996. 
D)  The Internet Communications Protection Act of 1998. 
E)  The Blog Protection Act of 2001.

Question 18

Which of the following is true regarding tort litigation?

Accepted Answer

A)  Tort litigation has been declining gradually since 1990. 
B)  Tort litigation has increased steadily since 1990. 
C)  Tort litigation has remained constant with no real change in numbers since 1990. 
D)  Tort litigation increased significantly in the 1990s but has declined in the last two years. 
E)  Tort litigation decreased in the 1990's but has increased steadily since the year 2000. 
A)  Tort litigation has been declining gradually since 1990. 
B)  Tort litigation has increased steadily since 1990. 
C)  Tort litigation has remained constant with no real change in numbers since 1990. 
D)  Tort litigation increased significantly in the 1990s but has declined in the last two years. 
E)  Tort litigation decreased in the 1990's but has increased steadily since the year 2000.

Question 19

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following is true of the term "tort"?

Accepted Answer

A)  It is a French word meaning "wrong." 
B)  It is a German word meaning "mistake." 
C)  It is a Latin word meaning "misfeasance." 
D)  It is an English word meaning "negligence." 
E)  It is a civil law term meaning "liability." 
A)  It is a French word meaning "wrong." 
B)  It is a German word meaning "mistake." 
C)  It is a Latin word meaning "misfeasance." 
D)  It is an English word meaning "negligence." 
E)  It is a civil law term meaning "liability."

Exam 8: Tort Law

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

Explain the fair report privilege in relation to defamation and list the conditions required for it to apply.

Tort law is primarily state law.

Bill decides to install two-way mirrors in the dressing room of his ladies' clothing store. He has a habit of watching ladies while they try on clothing. Which of the following has Bill committed?

List the three objectives of tort law and discuss whether you believe that additional tort reform should occur.

Bob, who has a large trust fund, is angry at Alice because she stopped dating him. Alice ran a successful dog grooming shop but Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break up. Which of the following is correct?

In China, defamation can be a civil or criminal action.

Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed?

_________ torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result.

Consent, if proven, is a defense to battery.

Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?

________ 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.

When it comes to assault, apprehension and fear are considered as the same thing.

Which of the following would constitute the privacy tort of false light?

Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?

Which of the following is true regarding tort litigation?

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.

Which of the following is true of the term "tort"?

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

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