Deck 6: Tort Law and Cybertorts

Question 1

If William sues Sam for fraud with the intention of pressuring Sam to sell his business to William,William has committed fraud.

Answer 1

False

Question 2

Truth can be a complete defense to a suit for libel,but only in the cases involving public figures.

Answer 2

False

Question 3

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

Answer 3

False

Question 4

Assumption of risk can be used as defense to negligence if the victim is forced to enter the risky situation because no other choice is available.

Question 5

Punitive damages is an essential element of tort law,as well as comparative damages that may be placed on an individual.

Question 6

Contributory negligence is a defense that completely prevents the plaintiff (the injured party)from recovering any damages.

Question 7

Jim ran a stop sign,hitting Martin's car,and both were injured.Jim can be liable for both criminal and civil injuries.

Question 8

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

Question 9

The Daubert v.Merrell Dow Pharmaceuticals case amended Rule 702 of the Federal Rule of Evidence and the United States Supreme Court Frye v.United States precedent.

Question 10

To prevail in a case for disparagement,a plaintiff must prove she has suffered some accompanying physical injury.

Question 11

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.

Question 12

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

Question 13

A product in a defective condition is unreasonably dangerous to the user,consumer,or property.

Question 14

Cyber disparagement 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.

Question 15

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

Question 16

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.

Question 17

Richard,a former U.S.Senator who is running for President,can successfully sue an Internet blog site for defamation by merely proving the statements printed in the tabloid are false.

Question 18

Under the common law (non-statute),a storekeeper has the merchant protection rule which allows a store owner to detain a shopper without suspicion that an incident has occurred.

Question 19

The defense of comparative negligence involves the complete failure of the injured party to be careful enough to ensure his personal safety.

Question 20

Under the Communications Decency Act,an Internet service provider is strictly liable for hosting a blog containing false statements of a customer's personal experience at a well-known restaurant.

Question 21

When the misuse of the legal procedure involves the filing of a false civil lawsuit,it is called:

A)wrongful civil proceedings.
B)malicious prosecution.
C)abuse of process.
D)invasion of privacy.

Question 22

"Survival statutes" allow the family members of an individual,who is killed as the result of a tort,to sue the wrongdoer for the loss of support from the deceased.

Question 23

Criminal law differs from tort law in that:

A)criminal law involves a public wrong.
B)tort law involves legal action by governmental authorities.
C)tort law protects the public.
D)criminal law compensates the injured party's loss.

Question 24

Munchburger,a fast-food outlet,sends an employee to hand out leaflets outside Hick's Burger,a competing fast-food outlet.The leaflets falsely accuse Hick's of using horsemeat in its burgers.Hick's may successfully sue Munchburger for:

A)disparagement.
B)invasion of privacy.
C)interference with a contractual relationship.
D)defamation.

Question 25

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

A)Legal duty
B)Actual harm
C)Proximate cause
D)Breach of duty

Question 26

________ 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 suffer an injury or loss as a result.

A)Disparagement
B)Invasion of privacy
C)Abuse of process
D)Fraudulent misrepresentation

Question 27

Ching keeps a pet snake in her apartment.While Ching is hosting a party at her apartment,the snake escapes from its cage and bites a guest,seriously injuring the guest.The guest knew before attending the party that Ching has a pet snake in her apartment.If the guest sues Ching for the injury resulting from the cobra bite,Ching:

A)will be strictly liable.
B)may defend based on assumption of risk.
C)is liable only if she intentionally released the snake from its cage.
D)has no liability since the incident was unforeseen by her.

Question 28

In a road rage incident,Jack aims a firearm at Reagan.No shots are fired and the incident is over in less than 15 seconds.Reagan may sue Jack for:

A)assault.
B)battery.
C)false imprisonment.
D)disparagement.

Question 29

Mitch is photographed attending a public school board meeting where violent protestors attacked members of the school board.Later,when Mitch runs for the school board,a local newspaper publishes Mitch's picture next to that of the violent protestors.Mitch may sue:

A)if the newspaper writes a false article with actual malice.
B)for creating a false light.
C)the newspaper,if he is able to prove the motive of the publisher.
D)the newspaper for both defamation and disparagement.

Question 30

If a defendant can prove ________,the plaintiff can recover a share of the jury's verdict,depending on the relative fault of each party.

A)comparative negligence
B)partial comparative negligence
C)partial contributory negligence
D)contributory negligence

Question 31

Wrongful death statutes allow a creditor to bring a lawsuit on behalf of the deceased.

Question 32

The basis of the claim in Best Products,Inc.v.ABC News involved:

A)defamation.
B)invasion of privacy.
C)false disparagement.
D)food disparagement.

Question 33

Vienna is a quiet,reclusive,stay-at-home mom.However,last week she became a ________ after she rescued her neighbor's child from drowning in canal and was interviewed on national television as "America's Mom." As long as her notoriety lasts,she will be held to the ________ test.

A)limited public figure;actual malice
B)public figure;slander per se
C)temporary public figure;public disparagement
D)limited public figure;public privilege

Question 34

The primary purpose of tort law is to:

A)prevent and punish criminal offenders.
B)protect people from being tried twice for the same crime.
C)compensate for the injured party's loss.
D)protect victims' rights.

Question 35

New York Slimes journalist,John Q Public,intentionally misquotes U.S.Senator Smith who was giving a speech on the floor of the U.S.Senate.If Senator Smith wishes to sue Public for libel,she would have to prove the statement was a ________ statement made with ________ because of Smith's status as a ________.

A)disparaging;malice;limited public figure
B)privileged;recklessness;public figure
C)false;actual malice;public figure
D)false;malice;temporary public figure

Question 36

________ demonstrates that "but for" the defendant's actions,the plaintiff would not have been injured.

A)Proximate cause
B)Actual cause
C)Legal cause
D)The foreseeability test

Question 37

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 contributory negligence?

A)$0.00
B)$30,000
C)$70,000
D)$100,000

Question 38

If Ann sued Sharon for assault without any factual basis,and the jury ruled in favor of Sharon,Sharon in turn may sue Ann for:

A)abuse of process.
B)contributory negligence.
C)misuse of legal procedure.
D)malicious prosecution.

Question 39

The theory of ________ means ________.

A)respondeat superior;torts committed by an employee during his employment will result in both the employee and the employer being held liable under tort law
B)respondeat superior;an employee may be held liable under tort law for the torts committed by her employer,while the employee was working at the organization
C)respondeat superior;an employee working with an organization and having committed a tort can be held liable for even though he or she did not intend the harm
D)proximate cause;an organization is not held liable under tort law for the torts committed by its employees during their work tenure at the organization

Question 40

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

A)vicarious liability.
B)causation in fact.
C)duty.
D)proximate cause.

Question 41

Kelvingrove Art Gallery falsely tells art collectors that many artworks being sold by Yesse Art Gallery are forgeries.Analyze the options that Yesse Art Gallery has to bring a lawsuit against Kelvingrove Art Gallery.

Question 42

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?

Question 43

Which of the following is true of survival statutes?

A)They allow suits to be brought for libel after the death of a defamed person.
B)They preserve the right to bring a lawsuit only if the death is caused by negligence of the defendant.
C)They can only be brought by family members who have lost the support of the deceased.
D)They preserve the right to bring a lawsuit for personal injuries,no matter what caused the death(s).

Question 44

________ takes place when a hacker links multiple strings of data together and develops a data package that the target considers a compilation of private information,despite the public sources from which the hacker composed the package.

A)Cyber invasion of privacy
B)Cyberterrorism
C)Data mining
D)Cyberdisparagement

Question 45

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?

Question 46

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.

Question 47

Bishop and Thomas had been partners and had a business disagreement that was resolved by private arbitration.Bishop now knows that Thomas is seeking a loan.Based on his personal experience with Thomas,Bishop tells a banker friend that Thomas is difficult to do business with and that anyone doing business with Thomas could be cheated.As a result of Bishop's statements,Thomas is denied a bank loan.Discuss what Thomas can do in this situation.

Question 48

Baker attends a baseball game and is hit by a foul ball while sitting in an unscreened section of the stadium.The stadium offers both screened and unscreened seats of equal quality and price.Can Baker successfully sue the stadium,the player who hit the ball,or the team the player was employed for this incident?

Question 49

As a prank,Amanda rigs a bucket of water over Leslie's front door so that Leslie will be soaked when she opens the door to go to work on Monday morning.Can Leslie successfully sue Amanda for the prank?

Question 50

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

A)Cyberdisparagement
B)Cyberinvasion
C)Cyberdefamation
D)Cybermining

Question 51

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?

Question 52

Ben was driving 70 miles per hour in a 55-mile-per-hour speed zone when his car hit Sandra's as she entered the highway.Ben had the opportunity to move into another lane to avoid hitting Sandra but failed to do so.Discuss the defenses of negligence available to Sandra and Ben.

Question 53

Jason parked his car on a hill,but failed to set his parking brakes.The car rolled down the hill and hit another car,damaging it significantly.The owner of the other car,Yang,filed a lawsuit of negligence against Jason,who pledged that he had no intention of damaging anybody's property and that he shouldn't be made to compensate.Discuss the methods the court and the jury could use to arrive at a fair decision.