Deck 6: Criminal Law and Business

Question 1

More than half the states remain contributory negligence states.

Answer 1

False
Explanation: Most states have replaced contributory negligence with comparative negligence.

Question 2

To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

Answer 2

True
Explanation: To use this defense of assumption of the risk successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

Question 3

The Communications Decency Act 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.

Answer 3

True
Explanation: One section of the Communications Decency Act 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.

Question 4

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

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

Question 5

Strict liability is a liability without fault.

Question 6

Privilege is an affirmative defense in a defamation action.

Question 7

Which of the following is a tort?

A) A civil or criminal action in state court.
B) A civil or criminal action in state court or federal court.
C) A breach of contract.
D) A wrong or injury to another, other than a breach of contract.
E) None of these.

Question 8

The courts generally hold that landowners have a duty to protect individuals on their property.

Question 9

Consent, if proven, is a defense to battery.

Question 10

Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit.

Question 11

A plaintiff in a negligence suit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence to be applied by the court.

Question 12

According to the pure comparative negligence defense, a defendant must be more than 50% at fault before the plaintiff can recover.

Question 13

Implied assumption of the risk occurs when the plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior.

Question 14

Defense of property is a defense to the offense of battery only if the property involved had a value of over $1,000.

Question 15

In some situations, the law specifies the duty of care one individual owes to another.

Question 16

Tort law is primarily state law.

Question 17

When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a certain duty of care toward the plaintiff.

Question 18

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.

Question 19

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

Question 20

Punitive damage awards in Japan are common and often very large.

Question 21

Which of the following was the result in Sandra Morris v. Walmart Stores, Inc., the case in the text in which the plaintiff sued the defendant after slipping in water allegedly from a freezer?

A) That the plaintiff could not recover because she had no evidence that the defendant had knowledge of the dangerous condition prior to her fall.
B) That the plaintiff could not recover because she could had no evidence disputing the defendant's claim that a customer spilled the liquid in which she fell.
C) That the plaintiff could recover on the basis of negligence per se.
D) That the plaintiff could rely on the theory of res ipsa loquitur.
E) That the defendant was entitled to a judgment in its favor because the plaintiff could not establish that the defendant in general allowed dangerous conditions to exist in its stores.

Question 22

Which of the following may a person accused of defamation raise as a defense?

A) Truth only.
B) Privilege only.
C) Need and truth.
D) Need, truth and privilege.
E) Truth and privilege.

Question 23

________ 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.

A) Criminal.
B) Liability.
C) Intentional.
D) Negligent.
E) Strict-liability.

Question 24

A person who commits a tort is often referred to as a ______________.

A) Tortfeasor.
B) Guiltfeasor.
C) Criminal.
D) Runaway defendant.
E) Nominal defendant.

Question 25

Which of the following is true regarding the tort of fraudulent misrepresentation?

A) A party who makes fraudulent misrepresentations must intend that other parties rely upon the misrepresentations.
B) The injured party must have reasonably relied upon the misrepresentations.
C) The inured party must have suffered damages because of reliance upon the misrepresentations.
D) A party who makes fraudulent misrepresentations must intend that other parties rely upon the misrepresentations; the injured party must have reasonably relied upon the misrepresentations; and the inured party must have suffered damages because of reliance upon the misrepresentations.
E) None of these because there is no tort action for fraudulent misrepresentation; actions for fraud are encompassed within other tort actions.

Question 26

____________ torts occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm.

A) Criminal.
B) Liability.
C) Intentional.
D) Negligent.
E) Strict-liability.

Question 27

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as __________.

A) Slander of quality.
B) Trade libel.
C) Libel of title.
D) Slander of title.
E) None of these.

Question 28

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?

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 29

When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.

A) Simple.
B) Complex.
C) Defamation.
D) Absolute.
E) None of these.

Question 30

Which of the following would typically be public figures for purposes of the public figure privilege to actions for defamation?

A) Politicians only.
B) Entertainers only.
C) Business owners only.
D) Politicians and entertainers.
E) Politicians, entertainers and business owners.

Question 31

Which of the following is a category into which intentional torts are divided?

A) Torts against persons.
B) Torts against property.
C) Torts against economic interests.
D) Torts against persons, torts against property, and torts against economic interests.
E) None of these.

Question 32

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

A) Criminal.
B) Liability.
C) Intentional.
D) Negligent.
E) Strict-liability.

Question 33

Which of the following is true regarding the intent needed for an intentional tort?

A) The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another.
B) The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical, not merely economic, injury to another.
C) The intent at issue is intent to harm that results in an injury, physical or economic, to another.
D) The intent at issue is intent to harm that results in physical, not merely economic, injury to another.
E) The intent at issue is not intent to harm and is not intent to engage in a specific act. Instead, negligence will suffice.

Question 34

Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions?

A) Ben has committed a battery.
B) Ben has committed both an assault and a battery.
C) Ben has not committed an assault or a battery because he acted in self-defense.
D) Ben cannot rely on self-defense because he was involved in the argument and not completely innocent.
E) Ben cannot rely upon self-defense because his life was not in danger.

Question 35

A _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

A) Battery.
B) Assault.
C) Assault and battery.
D) Negligence.
E) Strict responsibility.

Question 36

Robby calls Bobby on the telephone and threatens to come over and break his nose. Which of the following is true?

A) Robby's conduct constitutes a battery.
B) Robby's conduct constitutes an assault.
C) Robby's conduct constitutes both a battery and an assault.
D) Robby's conduct does not constitute an assault because there is no question of immediate bodily harm.
E) Robby's conduct does not constitute an assault because contact has not yet happened.

Question 37

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made __________.

A) With actual malice.
B) Negligently.
C) In print.
D) Publicly.
E) To an employer.

Question 38

Under which of the following situations does the tort of trespass to realty occur?

A) When a person causes an object to be placed on the land of another without the landowner's permission.
B) When a person stays on the land of another when the owner tells him to depart.
C) When a person refuses to remove something he placed on the property that the owner of the property asked him remove.
D) When a person causes an object to be placed on the land of another without the landowner's permission, when a person stays on the land of another when the owner tells him to depart, and when a person refuses to remove something he placed on the property that the owner of the property asked him remove.
E) None of these because a person does not commit trespass to realty unless it can be established that the person initially entered the land of another without permission.

Question 39

Which of the following are common classifications of torts?

A) Intentional, negligent, and criminal.
B) Intentional, criminal, and strict-liability.
C) Intentional, negligent, and strict-liability.
D) Criminal, negligent, and strict-liability.
E) Administratively, civilly, criminally.

Question 40

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?

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 torts.

Question 41

Which of the following is sometimes referred to as "but-for" causation?

A) Proximate cause.
B) Significant cause.
C) Actual cause.
D) Legal cause.
E) Constructive cause.

Question 42

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

A) Proximate cause.
B) Actual cause.
C) Cause in fact.
D) Significant cause.
E) Close cause.

Question 43

Proximate cause is also sometimes referred to as which of the following?

A) Actual cause.
B) Cause in fact.
C) Legal cause.
D) Significant cause.
E) Cause in fact.

Question 44

The violation of a duty of care is called _______.

A) Breach of responsibility.
B) Breach of statute.
C) Breach of duty.
D) Objectionable breaching.
E) Negligent breaching.

Question 45

Which of the following is the determination that the defendant's breach of duty resulted directly in the plaintiff's injury?

A) Proximate cause.
B) Legal cause.
C) Apparent cause.
D) Actual cause.
E) Significant cause.

Question 46

Why are punitive damages awarded?

A) To punish the offender only.
B) To deter others from committing similar offenses only.
C) To reimburse a plaintiff for his or her actual losses only.
D) To punish the offender and to deter others from committing similar offenses.
E) To punish the offender, to deter others from committing similar offenses, and to reimburse a plaintiff for his or her actual losses.

Question 47

While driving her car down the street, Susan sees a child playing near the road with no adult around. Which of the following is most likely true in a given jurisdiction?

A) Because the law holds that every U.S. citizen holds the duty to help a stranger in peril, she must come to the child's assistance.
B) She must come to the child's assistance only because a child is involved.
C) She has no duty to render assistance to the child.
D) She must render assistance to the child only if she can do so without peril to herself.
E) She must render assistance to the child only if she is acquainted with the child's parents.

Question 48

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

A) Reasonable person.
B) Above-average person.
C) Without error.
D) Perfect accountability.
E) Reasonable accountability.

Question 49

Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence case against the professional referred to as a _____________ case.

A) Malfeasance.
B) Malpractice.
C) Mistake.
D) Physician liability.
E) Physician guilty.

Question 50

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

A) Nominal.
B) Compensatory.
C) Punitive.
D) Retaliatory.
E) Revenge.

Question 51

Which of the following must a plaintiff prove to win a recovery in a negligence case?

A) Duty, breach of duty and causation.
B) Breach of duty only.
C) Duty and causation only.
D) Causation and damages only.
E) Duty, breach of duty, causation and damages.

Question 52

Assume Bob is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process. Which of the following is true?

A) The student can recover upon a showing of injury. Nothing else is required.
B) The student may recover only if the student can show that the student was in the marked crosswalk.
C) It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care.
D) The student can recover only if it can be shown that Bob had insurance.
E) The student can recover only if the student can establish that the student did not have any medical insurance.

Question 53

Tina negligently hits student Susie with her car. Which of the following is true?

A) Tina has no duty to come to the aid of Susie.
B) Tina has a duty to come to the aid of Susie because she negligently hit her.
C) Tina has a duty to come to the aid of Susie only if police are not on the scene within a reasonable amount of time.
D) Tina has a duty to come to the aid of Susie only if Susie has no insurance.
E) Tina has a duty to come to the aid of Susie only if no one else is willing to do so.

Question 54

Actual cause is also known as _________.

A) Proximate cause
B) Legal cause
C) Cause in fact
D) Cause for certainty
E) Proximately related cause

Question 55

Which of the following types of damages is intended to reimburse a plaintiff for his or her losses?

A) Compensatory.
B) Punitive.
C) Nominal.
D) Exemplary.
E) Quantum.

Question 56

Which of the following are elements of causation?

A) Actual cause and proximate cause.
B) Actual cause and significant cause.
C) Actual cause and clear cause.
D) Proximate cause and significant cause.
E) Proximate cause and real cause.

Question 57

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

A) Pain and suffering.
B) Cost to repair damaged property.
C) Medical expenses.
D) Attorney fees.
E) None of these.

Question 58

___________ damages are compensation awarded to punish the defendant.

A) Nominal.
B) Compensatory.
C) Punitive.
D) Retaliatory.
E) Revenge.

Question 59

In most states, proximate cause is determined by __________.

A) Statute.
B) Common law.
C) Foreseeability.
D) But-for causation.
E) Strict liability.

Question 60

Courts usually award punitive damages in cases in which the offender has committed _________.

A) Negligence.
B) Strict liability offense.
C) A res ipsa loquitur offense.
D) Compensatory negligence.
E) Gross negligence.

Question 61

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

A) Res ipsa loquitur.
B) Negligence per se.
C) Statutory shop act.
D) Comparative negligence.
E) Assumption of the risk.

Question 62

Which of the following is true regarding contributory negligence?

A) The defense was once available in a few states but is not available in any states today.
B) It is available in all states today.
C) It was outlawed by a federal statute.
D) It was once available in all states but has been replaced in most states by the defense of comparative negligence.
E) It was once available in all states but has been replaced in most states by the defense of assumption of risk.

Question 63

Which of the following occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior?

A) Implied assumption of the risk.
B) Express assumption of the risk.
C) Express assumption of the last-clear-chance doctrine.
D) Implied assumption of the last-clear-chance doctrine.
E) Assumption by contract.

Question 64

Which of the following is true regarding the law of negligence in Germany?

A) It is the same as the law of negligence in the United States.
B) It focuses only on conscious negligence.
C) It focuses only on unconscious negligence.
D) Courts distinguish between conscious and unconscious negligence with defendants who have engaged in only conscious negligence being found not guilty.
E) Courts distinguish between conscious and unconscious negligence with defendants who have engaged in only unconscious negligence being found not guilty.

Question 65

When would a plaintiff use the doctrine of res ipsa loquitur?

A) To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care.
B) To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm.
C) To allow the judge and jury to presume the defendant is guilty of contributory negligence.
D) To allow the judge and jury to presume the defendant destroyed evidence.
E) None of these.

Question 66

Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover?

A) Assumption of the risk.
B) Last-clear-chance.
C) Modified comparative negligence.
D) Pure comparative negligence.
E) Both modified comparative negligence and last-clear-chance.

Question 67

Which of the following occurs when a plaintiff implicitly assumes a known risk?

A) Implied assumption of the risk.
B) Express assumption of the risk.
C) Express assumption of the last-clear-chance doctrine.
D) Implied assumption of the last-clear-chance doctrine.
E) Assumption by contract.

Question 68

Why have most states replaced the contributory negligence defense with a comparative negligence theory?

A) In order to assist a defendant in defending against unfounded claims.
B) In order to assist a plaintiff in avoiding the assumption of the risk doctrine.
C) In order to assist a defendant in avoiding the assumption of the risk doctrine.
D) Because of situations in which a plaintiff is barred from recovery due to minimal contributory negligence.
E) None of these. Most states have not replaced the contributory negligence defense with a form of comparative negligence.

Question 69

Which of the following is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered?

A) A surprise event.
B) A superseding cause.
C) A relative cause.
D) An unusual cause.
E) None of these because an unforeseeable event may not interrupt a chain of causation.

Question 70

While crossing the street, Bobby does not go to a crosswalk but proceeds to illegally cross the street without even checking to see if any vehicles are coming. Slick sees Bobby in the street, notices that he is not in the crosswalk, and proceeds to hit Bobby with his vehicle because he believes that Bobby should be taught a lesson about how to cross the street. Slick does slow down somewhat and only causes Bobby some significant bruising, but Bobby is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?

A) Slick will not be held liable because Bobby was contributorily negligent.
B) Bobby will be able to recover despite proof of contributory negligence on his part because Slick had a final clear opportunity to avoid the action that injured Bobby.
C) Bobby will win because of comparative negligence.
D) Slick will win because of the assumption of risk doctrine.
E) Bobby will lose because Slick, at least, reduced his speed.

Question 71

What does the term "negligence per se" mean literally?

A) Pure negligence.
B) Select negligence.
C) Negligence in or of itself.
D) Absolute wrongdoing.
E) Allowable negligence.

Question 72

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

A) Last-clear-chance doctrine.
B) Assumption of the risk doctrine.
C) Contributory negligence doctrine.
D) Res ipsa loquitur.
E) Negligence per se.

Question 73

Which of the following has been adopted by courts to aid plaintiffs in establishing negligence claims?

A) Res ipsa loquitur only.
B) Negligence per se only.
C) Assumption of risk only.
D) Res ipsa loquitur and negligence per se.
E) Res ipsa loquitur, negligence per se and assumption of risk.

Question 74

Which of the following is a doctrine that allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff?

A) Assumption of risk.
B) Last-clear-chance doctrine.
C) Modified risk doctrine.
D) Modified comparative doctrine.
E) There is no such doctrine.

Question 75

Which of the following are laws holding that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence?

A) Good Samaritan statutes.
B) Aid to others statutes.
C) Rescue statutes.
D) Freedom statutes.
E) All clear statutes.

Question 76

Which is the most difficult part of establishing the defense of assumption of the risk?

A) Showing that the plaintiff assumed the risk of the actual harm suffered.
B) Showing that the defendant was aware that the plaintiff assumed the risk.
C) Showing that the plaintiff was aware of applicable law.
D) Showing that the plaintiff signed the contract assuming the risk without duress.
E) None of these because assumption of the risk is not a defense.

Question 77

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault?

A) Assumption of the risk.
B) Last-clear-chance.
C) Modified comparative negligence.
D) Pure comparative negligence.
E) Both modified comparative negligence and last-clear-chance.

Question 78

Which of the following is liability without fault?

A) Negligence.
B) Assumption of the risk.
C) Strict liability.
D) Storekeeper liability.
E) Homeowner liability.

Question 79

Which of the following must the defendant prove in order to rely upon the defense of contributory negligence?

A) Only that the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm.
B) Only that a failure of the plaintiff was a contributing cause to the plaintiff's injury.
C) Only that the plaintiff violated the last-clear-chance doctrine.
D) That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and also that the plaintiff's failure was a contributing cause to the plaintiff's injuries.
E) That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm; that the plaintiff's failure was a contributing cause to the plaintiff's injuries; and also that the plaintiff failed to abide by the last-clear-chance doctrine.

Question 80

Assuming res ipsa loquitur applies, what is the effect of that doctrine?

A) It requires a finding of negligence.
B) It prohibits a finding of negligence.
C) The burden of proof shifts to the plaintiff.
D) The burden of proof shifts to the defendant.
E) The burden of proof rises to proof beyond a reasonable doubt.