Question 1

The elements in a defamation case are:

Accepted Answer

A)  defamatory statement;falseness;communication;and injury.
B)  a contract;knowledge of the contract;improper inducement;injury.
C)  false or misleading fact statements;statements in commercial advertising;likelihood of harm.
D)  duty;breach of duty;proximate causation;and damages. A

Question 2

A national magazine published an article about a famous television star.The television personality is upset because the information contained in the story is not correct.If the actress sues the magazine:

Accepted Answer

A)  she will need to show that the magazine has a history of being "reckless" with facts on a regular basis.
B)  she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts.
C)  she will need to show that the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed.
D)  she will need to show that the magazine could have discovered that the story was false but failed to do so. B

Question 3

Opinion is generally a valid defense in a defamation lawsuit because it is not meant to be a factual statement.

Accepted Answer

A) True 
 B)False  True

Question 4

Angela sued Tom for battery.Angela was awarded $30,000 for future medical expenses.Five years after the award,Angela realizes that her medical expenses will far exceed $30,000.Under the single recovery principle:

Accepted Answer

A)  Angela will be able to submit the additional medical bills to the court for payment.
B)  Tom will have to pay the additional medical bills.
C)  Tom will have a qualified privilege and only have to pay a portion of the additional medical expenses.
D)  Angela will have no recourse against Tom or the court for the medical expenses as long as the original award was reasonable.

Question 5

Which of the following elements is not necessary to apply the doctrine of res ipsa loquitur?

Accepted Answer

A)  An ultra-hazardous activity is involved.
B)  The defendant had exclusive control of the thing that caused the harm.
C)  The harm would normally not have occurred without negligence.
D)  The plaintiff had no role in causing the harm.

Question 6

Under Section 230 of the Communications Decency Act,Internet service providers are held responsible for defamatory postings by their members or users.

Accepted Answer

A) True 
 B)False

Question 7

While hunting,Roger enters Adele's property without permission and is injured by falling into a ditch that was obscured by the underbrush.Under the common law,Adele is liable for Roger's injuries.

Accepted Answer

A) True 
 B)False

Question 8

Tracy is an "at will" employee of Zebra Toy Company.One afternoon she has lunch with a friend who works in marketing for her company's biggest competitor,Tiger Toys.Over a period of about three months,Tiger Toy representatives convince Tracy to work with them.Tiger offers a larger base salary with bigger commissions than she had with Zebra.When Tracy leaves Zebra,it sues Tiger Toys claiming it intentionally interfered with a contractual relationship.Will Zebra Toy Company be successful?

Accepted Answer

The answer of Tracy is an "at will" employee of...

Question 9

Adam decided to play a practical joke on Linda,a co-worker.As Linda was leaving the office one night,Adam,wearing a mask,stepped out from behind some bushes.He pointed a handgun made out of licorice at her and demanded her purse.He then pushed the candy gun to her head and told her if she told anybody he'd kill her.Linda was very scared during the whole incident.She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back.Which statement is correct?

Accepted Answer

A)  Adam committed an assault but not a battery.
B)  Adam committed a battery but not an assault.
C)  Adam committed an assault and a battery.
D)  Adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke on Linda.

Question 10

Negligence concerns harm that:

Accepted Answer

A)  is unforeseeable.
B)  arises intentionally.
C)  arises by accident.
D)  is always substantial.

Question 11

Which of the following statements about torts is correct?

Accepted Answer

A)  A tortious act is always a criminal act.
B)  A criminal act is always a tortious act.
C)  A tortious act may also be a criminal act.
D)  All the above are correct.

Question 12

Trein,Inc.entered into a one-year,$1 million contract with Mia,a sports celebrity,to promote Trein's products.E-presto Inc. ,a competitor of Trein,was interested in having Mia promote its products and knew of her contract with Trein.E-presto offered Mia a three-year,$5 million contract.Mia left Trein and signed with E-presto.Which statement is correct?

Accepted Answer

A)  Trein is liable for tortious interference with a contract.
B)  Mia is liable for tortious interference with a contract.
C)  E-presto is liable for tortious interference with a contract.
D)  Both Mia and E-presto are liable for tortious interference with a contract.

Question 13

A company that makes a commercial with a person who does an excellent,realistic job of pretending to be a famous movie star could be sued by the real actor for the tort of:

Accepted Answer

A)  intrusion.
B)  defamation.
C)  commercial exploitation.
D)  none of the above,since public figures are often imitated by other actors.

Question 14

Rodney was employed by Deluxe Discount Store.Rodney's manager directed him to check the prices of dog food at Huge Savings Store.The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave.Rodney,fearful that he would be fired by Deluxe,refused to leave.Rodney committed the tort of:

Accepted Answer

A)  larceny.
B)  trespass.
C)  misrepresentation.
D)  conversion.

Question 15

Don was standing in a cafeteria line holding a plate.Tim was upset with Don.Tim turned Don around and grabbed the plate,jerking it out of Don's hand.Tim then held the plate up and threatened to break it over Don's head.Tim has committed:

Accepted Answer

A)  a battery,but not an assault.
B)  an assault,but not a battery.
C)  both an assault and a battery.
D)  neither an assault nor a battery.

Question 16

Wholesome Bread,Inc.advertised that its honey wheat bread had 25% fewer calories than a competing brand,Valley Grains.In fact Wholesome's bread had the same amount of calories as Valley Grains' bread.Wholesome Bread's conduct:

Accepted Answer

A)  does not violate the Lanham Act because of the First Amendment freedom of speech.
B)  does not violate the Lanham Act because Wholesome did not act with actual malice.
C)  does not violate the Lanham Act because comparative ads are exempt from the law.
D)  violates the Lanham Act.

Question 17

Howson won a lawsuit against Hardwick for intentionally inflicting emotional distress.The jury awarded Howson $500,000 in compensatory damages.It also awarded Howson $4 million in punitive damages because Hardwick was quite wealthy and the jury thought a large amount was necessary for Hardwick to feel the punishing effects of the judgment.How does the jury's award fit into the guidelines offered by the U.S.Supreme Court?

Accepted Answer

A)  The punitive award is excessive because it exceeds the Supreme Court's suggested ratio of compensatory damages to punitive damages.
B)  The punitive award is excessive because the Supreme Court has stated that the trial court may not use the defendant's wealth as an excuse to award an unreasonably high award.
C)  The punitive award is excessive both because of the ratio of compensatory damages to punitive damages and because the punitive damage award was based partly on the defendant's wealth.
D)  The jury award is not excessive based on the Supreme Court's guidelines.

Question 18

Which of the following statements regarding a negligence case is correct?

Accepted Answer

A)  A plaintiff must show that the defendant's act was both the factual cause of her injury as well as a foreseeable injury.
B)  A plaintiff must show that the defendant's act was the factual cause of her injury even if the injury was not foreseeable.
C)  A plaintiff must show that the defendant's act created a foreseeable danger even if it was not the factual cause of her injury.
D)  A plaintiff does not have to show that the defendant's act either created a foreseeable danger or that the act was the factual cause of her injury.

Question 19

As assistant manager of a discount department store,you have been asked to review the store's policy concerning shoplifters.(a)Discuss the legal standard used in most states governing the detention of suspected shoplifters.(b)In reviewing the store's policy,discuss some of the items that you will consider.

Accepted Answer

The answer of As assistant manager of a discount department...

Question 20

What guidelines has the Supreme Court set forth when awarding punitive damages in most cases?

Accepted Answer

A)  Punitive awards should not exceed compensatory damages by more than a factor of nine.
B)  The Supreme Court has not set any limits for punitive awards.
C)  Punitive awards should not exceed compensatory damages by more than a factor of one hundred.
D)  The Supreme Court has stated that punitive damages are allowed only when there are no compensatory damages awarded.

Exam 6: Torts and Product Liability