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Q:
Kylie hosts a party inviting her best friend Minnie as well. Minnie is aware that Kylie has a pet dog, and is also friendly with it. However, during the party, Kylie's dog attacks Minnie, injuring her. Minnie holds Kylie responsible for the attack and files a suit against her. Which of the following defenses can Kylie use against the suit?
A. Assumption-of-the-risk
B. Statute of response
C. Strict liability
D. Willful and wanton negligence
E. False imprisonment
Q:
Strict products liability applies to which of the following parties?
A. Medical practitioners
B. Commercial sellers
C. Accountants
D. Media personnel
E. Attorneys
Q:
Which of the following is most likely to occur when the proposition of contributory negligence is applied?
A. A plaintiff can recover both punitive and actual damages.
B. Damages are awarded in proportion to the plaintiff's and the defendant's fault.
C. The plaintiff does not recover any damages due to his/her fault that caused the injury.
D. Damages are awarded to a plaintiff only if the plaintiff can prove that he or she used proper care for his or her own safety.
E. A plaintiff is awarded only punitive damages in case contributory negligence is established.
Q:
A mother watches her child play on the street, when the child is hit by a car while playing, and the mother files a lawsuit for damages against the driver. Which of the following is true of this case?
A. The mother can claim punitive and actual damages, since the driver is liable for willful and wanton negligence.
B. The mother is liable for punitive damages only and the driver is liable for negligence.
C. The mother can claim a part of damages from the driver under comparative negligence.
D. The driver is liable for assault and battery, and the mother can claim actual damages.
E. The driver will be held liable for proximate causation of the accident.
Q:
Which of the following is true of comparative negligence?
A. It completely bars the plaintiff from recovering any damages.
B. It allows the plaintiff and the defendant to settle the dispute through arbitration.
C. It allows the plaintiff to claim only putive damages but not actual damages.
D. It allows the plaintiff to claim damages only if a proximate causation is established.
E. It compares the plaintiff's and the defendant's fault and reduces the damage award proportionally.
Q:
Which of the following terms represents the proposition that those engaged in an activity causing negligence are legally liable only for the foreseeable risk that they cause?
A. Actual cause
B. Proximate cause
C. Unforseeable cause
D. Negligent cause
E. Injurious cause
Q:
Which of the following defenses absolutely bars a plaintiff from recovery?
A. Comparative negligence
B. Contributory negligence
C. Partial negligence
D. Proximate negligence
E. Actual negligence
Q:
Which of the following torts takes place when one who has a duty to act reasonably acts carelessly and causes injury to another?
A. Negligence
B. Assault
C. Trespass
D. Battery
E. Defamation
Q:
The negligence of professionals is called _____.
A. trespass
B. malpractice
C. battery
D. fraud
E. assault
Q:
Which of the following is an example of wilful and wanton negligence?
A. An employer intentionally induces the employees of another company to break the employment contract.
B. A politician delivers a speech defaming a public figure using false statements about that person.
C. A newspaper publishes articles about the personal life of a celebrity.
D. A drunk driver meets with an accident during which the passengers in the car get injured.
E. A doctor accidently injects a patient with a wrong medicine, causing the patient to suffer adverse medical reactions.
Q:
In a negligence suit, a plaintiff must prove that:
A. the defendant actually caused the injury.
B. the defendant could have caused the harm.
C. the plaintiff knew the potential for injury.
D. the defendant has published untrue statements about the plaintiff.
E. the defendant had a malicious intent.
Q:
John rents a movie from Video Rental Co. but instead of returning it he lends it to Sam in whose care the movie is destroyed. What tort did John commit?
A. Conversion
B. Theft
C. Battery
D. Trespass
E. Invasion of privacy
Q:
If an employee steels something from his employer then he is most likely to be prosecuted for the tort of _____.
A. conversion
B. assault
C. trespass
D. battery
E. invasion of privacy
Q:
A _____ is an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury.
A. negligence
B. fraud
C. conversion
D. battery
E. assault
Q:
Injurious falsehood is sometimes called:
A. false imprisonment.
B. duress.
C. trade disparagement.
D. trade discouragement.
E. battery.
Q:
Which of the following torts consists of the publication of untrue statements that disparage a business owner's product or its quality?
A. Assault
B. False imprisonment
C. Trespass
D. Battery
E. Injurious falsehood
Q:
Oral defamation is called:
A. gossip.
B. slander.
C. libel.
D. hearsay.
E. assault.
Q:
Written defamation, or defamation published over radio or television, is termed _____.
A. hearsay
B. libel
C. battery
D. slander
E. assault
Q:
Which of the following statements is true concerning defamation?
A. Written defamation is called slander.
B. If defamation is oral, it is called libel.
C. Corporations are not allowed to sue for defamation.
D. Defamation suits can be brought by employees against current or former employers.
E. News media can be sued for defamation even if the reported statements are true.
Q:
The wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another is known as _____.
A. trespassing
B. disparagement
C. conversion
D. invasion
E. defamation
Q:
Which of the following is an example of conversion?
A. An employee borrowing the annual report from the firm's library.
B. Donald returns Larry's car in the same condition as it was in when he had borrowed it.
C. Scott publishes untrue statements about his manager in the company's newsletter.
D. Ruth purchases a cell phone from Sandra, not knowing that Sandra stole the cell phone.
E. Donna has left her horse in Terry's care, who cares for it and rides it without Donna's permission.
Q:
Customers refusing to leave a store after being asked to do so is an example of _____.
A. trespass
B. assault
C. invasion of privacy
D. conversion
E. battery
Q:
Mega-mart suspects Roberta of shoplifting, solely because she is dressed differently than their typical customer, so store officials detain her. They find nothing improper in Roberta's belongings. Roberta most likely will file a ________ lawsuit against Mega-store.
A. malicious prosecution
B. battery
C. false imprisonment
D. trespass
E. invasion of privacy
Q:
Which of the following torts arises from causing someone to be arrested criminally without proper grounds?
A. Invasion of privacy
B. Battery
C. Assault
D. Malicious prosecution
E. Trespassing
Q:
To enter another's land without consent or to remain there after being asked to leave constitutes the tort of _____.
A. assault
B. malicious prosecution
C. battery
D. trespass
E. invasion of privacy
Q:
Statner is going through Ray's personal files and finds out that his colleague Ray is being treated to cure depression by a therapist. While Ray has kept this as a secret due to personal reasons, Statner has informed everyone in office about Ray's condition. As a result, Ray faces sympathetic and discriminatory attitudes at work. He decides to sue Statner. Which of the following is true in this case?
A. Statner has not committed a tort for which Ray can sue.
B. Statner has interfered intentionally with Ray's contractual obligations to the company.
C. Statner can be sued for invasion of privacy.
D. Statner can be sued for assault and battery.
E. Statner has defamed Ray, for which he will be held liable, and will have to pay damages.
Q:
Many advertisers and marketers have been required to pay damages to individuals when pictures of them have been used without authorization to promote products. In this situation, which of the following torts was committed by the advertisers and marketers?
A. Assault
B. Defamation
C. Battery
D. Invasion of privacy
E. Malicious prosecution
Q:
False arrest is also called:
A. tresspass.
B. battery.
C. invasion of privacy.
D. malicious prosecution.
E. assault.
Q:
The intentional unjustified confinement of a non-consenting person is known as:
A. invasion of privacy.
B. false imprisonment.
C. battery.
D. malicious prosecution.
E. defamation.
Q:
_____ is usually defined as the desire to bring about certain results.
A. Tort
B. Crime
C. Intent
D. Negligence
E. Duty
Q:
Tony has admired Ann for months, but he has never talked to her. One day, Tony walks up to Ann and gives her a hug and a kiss. Ann is angry and decides to sue Tony. Tony has committed the tort of:
A. duress.
B. conversion.
C. battery.
D. negligence.
E. fraud.
Q:
Brooke has fallen asleep on the beach. Eight guys get into a circle around her and one gets real close and screams, "snake" into her ear. When she jumps up screaming in fright, they all start laughing at her. What tort have they committed?
A. Battery
B. Assault
C. Disparagement
D. Defamation
E. Conversion
Q:
Teresa, the manager at Victor Co., warned Gray, who has performed poorly throughout the year that he would lose his job if he did not perform well. Later that evening, Gray is angry with Teresa and sends her an e-mail from an anonymous address, threatening to harm her when she is on her way home tomorrow. The next day, Gray realizes his mistake, and attempts to apologize to Teresa, who was petrified after reading the mail and spent the entire night in office. Teresa can sue Gray for:
A. assault.
B. battery.
C. conversion.
D. false arrest.
E. fraud.
Q:
During an ice hockey game, Claude silently skates up to Gordie from behind and hits him over the head with his stick. Claude is promptly thrown out of the game and suspended by the league. Gordie is not injured because he is wearing a helmet. If Gordie sues Claude, Claude would be guilty of:
A. assault.
B. battery.
C. intentional infliction of mental distress.
D. undue influence.
E. invasion of privacy.
Q:
Frequent, abusive, threatening phone calls by creditors are most likely to provide the basis for a claim of _____.
A. invasion of privacy
B. malicious representation
C. misrepresentation
D. false imprisonment and malicious prosecution
E. intentional infliction of mental distress
Q:
The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called dram shop acts.
Q:
Compensatory damages are sometimes called exemplary damages.
Q:
Which of the following is true of tort law?
A. The law of tort itself is criminal rather than civil.
B. Tort law typically deals with breach of contract.
C. It protects people from being tried twice for the same crime.
D. It provides compensation to those workers who have been injured on the job.
E. It sets limits on how people can act and use their resources.
Q:
Strict liability is a catchall phrase for the legal responsibility for injury-causing behavior that is either intentional or negligent.
Q:
For a successful assumption-of-the-risk defense, assumption of the risk may be implied from the circumstances, or it can arise from an express agreement.
Q:
Negligence takes place when one who has a duty to act reasonably acts carelessly and causes injury to another.
Q:
The negligence of professionals is called malpractice.
Q:
"Proximate cause" represents the proposition that those engaged in activity are legally liable only for the foreseeable risk that they cause.
Q:
The defense comparative negligence absolutely bars the plaintiff from recovery if the plaintiff's own fault contributed to the injury.
Q:
It is important to a successful assumption-of-the-risk defense that the assumption was voluntary.
Q:
Defamatory remarks are presumed false unless the defendant can prove their truth.
TRUE
Defamatory remarks are presumed false unless the defendant can prove their truth.
Q:
Injurious falsehood involves the publication of untrue statements that disparage the business owner's product or its quality.
TRUE
Injurious falsehood, sometimes called trade disparagement, is a common business tort. It consists of the publication of untrue statements that disparage the business owner's product or its quality.
Q:
Injurious falsehood is also called false imprisonment.
FALSE
Q:
Defamation is the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule.
TRUE
Q:
Written defamation, or defamation published over radio or television, is termed slander.
Q:
If a professor, during a class, accuses a student of being a thief when in truth the student had never stolen anything in his life, the professor is guilty of libel.
Q:
Individuals as well as corporations are allowed to sue for defamation.
Q:
News media are protected under the First Amendment when they publish information about public figures and public officials.
Q:
Your roommate is away for the weekend and you take her Accounting 101 book to study in the library. You have not taken her permission but you intend to return the book before she returns so you don't think that it would matter. While you are in the library, the book is stolen. In this situation, your roommate can sue you for battery.
Q:
You are guilty of the tort of conversion if you purchase stolen goods, even if you didn't know that they are stolen.
Q:
Malicious prosecution arises from causing someone to be arrested criminally without proper grounds.
Q:
The tort of trespass arises only when a defendant damages the property of the plaintiff.
Q:
False imprisonment involves intentional unjustified confinement of a nonconsenting person.
TRUE
Claims of false imprisonment stem most frequently in business from instances of shoplifting. This tort is the intentional unjustified confinement of a nonconsenting person.
Q:
A defendant can be found liable for a strict liability tort even though the defendant neither intentionally nor negligently caused the harm.
Q:
One is not liable for another's injury unless he or she has a duty toward the person injured.
Q:
An assault is an illegal touching of another.
Q:
Touching can constitute a battery only when it causes physical injury.
Q:
The parol evidence rule states that parties to a complete and final written contract can introduce oral evidence in court that changes the intended meaning of the written terms.
Q:
Oral evidence that changes the meaning of written terms can be given if necessary to prevent fraud.
Q:
A tort is any civil wrong other than a breach of contract.
Q:
Rita was drunk while driving her car and she hit Ana's car. This makes Ana a tortfeasor.
Q:
How can frolic and detour be used as a defense by an employer in case of respondeat superior?
Q:
Andrea was injured when her car was hit by a truck driven recklessly. The driver, Antonio, an employee of the Azo Trucking Company fled the scene. On what basis may Andrea sue the Azo Trucking Company when Antonio was the individual being reckless?
Q:
When only one of the parties drafts (writes) a contract, courts will interpret ambiguous or vague terms against the party that drafts them.
Q:
Explain the theory of respondeat superior.
Q:
Discuss implied and apparent authority.
Q:
What is trading and nontrading partnership?
Q:
On April 1st, Billy Bob passes a gun store and sees an AK-47 automatic rifle in the window on sale. Thinking that it would be perfect for hunting squirrels, he asks about the gun and the store owner says that he has a crate of them. He tells Billy Bob that the sale is good for one more week. Billy Bob gives the owner a deposit of $100 to hold one for him till payday. On April 4th, the state legislature passes a statute banning private ownership of automatic weapons. When Billy Bob goes into the store on April 5th is he entitled to purchase the weapon? Explain.
Q:
Discuss mitigation.
Q:
With regard to remedies available for breach of contract, when would compensatory and consequential damages apply and when might an injured party seek specific performance?
Q:
How do legal remedies differ from contractual remedies regarding breach of contract?
Q:
Explain the three fold approach to the agency relationship.
Q:
What is the difference between a waiver and a release?
Q:
Mention the most common ways to achieve a discharge.
Q:
Explain divisibility of performance.