Q&A Hero

Q: The Fifth Amendment protects people from unreasonable search and seizure by the government.

Q: Warrantless searches are permitted where it is likely that evidence will be destroyed.

Q: The offeror cannot be found liable for the crime of bribery if the person to whom the bribe is offered rejects the bribe.

Q: Extortion of private persons is commonly referred to as blackmail.

Q: Extortion of public officials is called extortion under color of official right.

Q: Criminal fraud is the crime of obtaining title to property through deception or trickery.

Q: The government can forfeit any property involved in a money laundering offense.

Q: If a defendant is found not guilty in a criminal case, the government can retry the case with a new jury.

Q: Theft committed by an unauthorized entry through an unlocked door would be considered burglary.

Q: Crimes committed by businesspersons are referred to as blue-collar crimes.

Q: The case against the accused is dismissed if neither an indictment nor information statement is issued.

Q: An indictment is a charge of guilt against the defendant.

Q: In a criminal lawsuit, the government is represented by a lawyer called defense attorney.

Q: Monetary damages and equitable remedies are provided in a civil lawsuit.

Q: In a criminal lawsuit, guilt has to be proven beyond any reasonable doubt.

Q: A civil lawsuit does not require a unanimous jury vote.

Q: A nolo contendere plea can be used as evidence of liability against the accused at a subsequent civil trial.

Q: Explain the torts of appropriation and invasion of the right to privacy with examples.

Q: A person charged with a crime in the United States is presumed guilty until proven innocent.

Q: A crime is the violation of a statute for which the government imposes a punishment.

Q: If the accused cannot afford a private defense lawyer, the government will provide one free of charge.

Q: Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitles to? A) Betty can sue Harvey's department store for negligence. B) Betty can sue either Harvey's department store or FlatPlanes, Inc. for strict liability. C) Betty can only sue FlatPlanes, Inc. for strict liability as they manufactured the defective lawnmower. D) Betty can only sue Harvey's department store for strict liability as they sold her the defective lawnmower.

Q: Which of the following statements is true about the strict liability doctrine? A) Privity of contract between the injured party and defendant is mandatory. B) Injured bystanders cannot recover damages under the strict liability doctrine. C) Parties in the chain of distribution are strictly liable only to the customer who buys the product. D) Injured bystanders are entitled to the same protection as the consumer or user.

Q: Mary was getting a ride home in John's new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation? A) Mary can recover from a strict liability lawsuit against the manufacturer of John's car. B) Mary can file a strict liability lawsuit against John. C) Mary can file a negligence lawsuit against the dealership that sold John his car. D) John can file a negligence lawsuit against the dealership from which he bought the car.

Q: ________ refers to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff. A) Reliance damages B) Consequential damages C) Punitive damages D) Nominal damages

Q: How is assault different from battery?

Q: ________ refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction. A) Demand chain B) Chain of command C) Chain of distribution D) Value chain

Q: According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product? A) only the manufacturers of the products B) only the parties directly involved in the sale of the product to the customer C) all parties providing services related to the product D) all parties in the chain of distribution

Q: Ruggers is a maker of a range of highly popular cruise motorcycles. Tim buys a Ruggers motorcycle from a dealership and suffers an accident. While recuperating from his injuries, he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years, owing to a previously unknown defect in their braking systems. Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages. The defect in the motorcycle is found to be half responsible for the accident, while Tim's own negligence of traffic rules contributed to the rest. Under the doctrine of contributory negligence, what would be the ruling of the court hearing this case? A) Tim cannot recover any damages from the motorcycle manufacturer. B) Tim can recover $25,000 worth of damages from the Ruggers and the rest from the dealership from which he purchased the motorcycle. C) Tim can recover $50,000 worth of damages plus any punitive damages that may be awarded by the jury. D) Tim can recover $50,000 worth of damages from the motorcycle manufacturer.

Q: ________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault. A) Absolute liability B) Contingent liability C) Superior responsibility D) Strict liability

Q: Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. The pacemaker is manufactured by Benford, Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. Supposing that the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure? A) Benford, Inc B) Dr. DeBenedetto C) Henry D) Sacred Heart Hospital

Q: Which of the following statements is true about strict liability? A) It applies only to manufacturers of a defective product. B) It is liability without fault. C) It requires privity of contract between the plaintiff and the defendant. D) It covers casual sales and transactions.

Q: Allenby Spares, Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel, Inc. from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle. Which of the following is true of this situation? A) Allenby Spares cannot be held strictly liable since the brake was manufactured by TurboDiezel. B) TurboDiezel cannot be held strictly liable as the company is not the seller in this case. C) Neither Allenby nor TurboDiezel can be held strictly liable for the faulty brake. D) Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain.

Q: Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a defective Supplemental Restraint System (SRS) of the vehicle, the airbag does not deploy and Ted is seriously injured. Which of the following statements is true of this situation? A) Martin can be held strictly liable because he sold the car to Ted. B) The car manufacturer cannot be held strictly liable as Ted had not bought the car from them. C) Martin cannot be held strictly liable as the sale of the car counts as a casual transaction. D) The driver of the other car can be held strictly liable due to his or her involvement in the accident.

Q: Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following statements is true in this case? A) Bertha cannot be held strictly liable as she was providing a service. B) Bertha can be held strictly liable for the death of her patient. C) Bertha and the medical staff assisting in the surgery are strictly liable for the death. D) The donor of the kidney can be held strictly liable for the death of the patient.

Q: In order to claim damages for negligence per se, the plaintiff has to prove that ________. A) the defendant made a false representation of material fact B) the defendant was in exclusive control of the situation C) the plaintiff was within a class of persons meant to be protected by the violated statute D) the plaintiff was affected by malicious statements made by the defendant about his/her character

Q: ________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations. A) Res ipsa loquitur B) Assumption of the risk C) Duty of care D) Good Samaritan law

Q: ________ refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant. A) Assumption of risk B) Comparative fault C) Contributory negligence D) Comparative negligence

Q: A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign. The jury finds that the driver was 80 percent responsible for the accident and the jaywalker was 20 percent responsible. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases, the pedestrian is entitled to recover ________. A) no damages from the driver B) $100,000 from the driver C) $20,000 from the driver D) $80,000 from the driver

Q: The term ________ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant. A) comparative negligence B) contributory negligence C) assumption of risk D) negligence per se

Q: Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________. A) breach of duty of care B) negligent infliction of emotional distress C) transfer of intent D) tort of outrage

Q: The violation of a statute that proximately causes an injury is termed as ________. A) negligence per se B) disparagement C) misappropriation D) res ipsa loquitur

Q: A pedestrian trips and falls on a poorly lighted sidewalk in front of Kate Geller's house and is injured. If the pedestrian sues for damages, which of the following parties is would be liable to pay the damages? A) the civic authority B) Kate Geller C) the residents' association of the locality D) the pedestrian

Q: ________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent. A) Res ipsa loquitur B) Negligence per se C) Doctrine of proximate cause D) Doctrine of comparative negligence

Q: ________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations. A) Good Samaritan law B) Assumption of the risk C) Duty of care D) Res ipsa loquitur

Q: What is meant by "causation in fact"? A) the facts stated by a plaintiff during trial B) a defendant's negligent act that caused the plaintiff's injuries C) a defendant's defense against a case of negligence D) a defendant's plea of guilt due to negligence

Q: ________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions. A) Causation in fact B) Point of reason C) Point of appropriation D) Proximate cause

Q: If a lawyer fails to file a document with the court on time, causing his client's case to be dismissed, he would be liable for ________. A) professional malpractice B) intentional misrepresentation C) tort of appropriation D) breach of the duty of care

Q: Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother's arms, leaving her traumatized. The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________. A) tort of outrage B) breach of duty of care C) negligent infliction of emotional distress D) transfer of intent

Q: The violation of a statute that proximately causes an injury is termed as ________. A) disparagement B) res ipsa loquitur C) negligence per se D) misappropriation

Q: In order to claim damages for negligence per se, the plaintiff has to prove that ________. A) the defendant was in exclusive control of the situation B) the plaintiff was within a class of persons meant to be protected by the violated statute C) the defendant made a false representation of material fact D) the plaintiff was affected by malicious statements made by the defendant about his/her character

Q: ________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions. A) Tort of outrage B) Tort of misappropriation C) Disparagement D) Unintentional tort

Q: The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed as ________. A) libel B) res ipsa loquitur C) Good Samaritan law D) duty of care

Q: Throwing a lit match on the ground in the forest and causing a fire is a breach of ________. A) appropriation B) Good Samaritan law C) duty of care D) res ipsa loquitur

Q: Which of the following is true about the duty of care? A) Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property. B) Reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff. C) A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care. D) The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession.

Q: George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during take-off. The airline is sued by all three together for injuries caused and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages? A) George, a retired professor who gets a pension of $50,000 a year B) Jerry, a football player who earns $2 million a year C) Harry, a chartered accountant who earns $200,000 a year D) All the men recover the same amount of damages, irrespective of their income or profession.

Q: Which of the following instances depict the tort of outrage? A) A farmer's crops are set on fire by an unidentified miscreant. B) A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress. C) A cosmetics company uses Julia Roberts' image without her consent to depict her as its brand ambassador. D) A beverage-manufacturer claims that its competitor uses coffee beans of poor quality.

Q: One student actor wins a part in a play over another student actor. To get back at the winning student, the rejected student files a lawsuit against the winning student alleging intentional infliction of emotional distress, defamation, and negligence. The jury returns a verdict exonerating the defendant. The defendant is now entitled to sue the plaintiff for ________. A) tort of outrage B) malicious prosecution C) intentional misrepresentation D) misappropriation of the right to publicity

Q: Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for ________. A) slander B) invasion of the right to privacy C) tort of appropriation D) negligent infliction of emotional distress

Q: Libel and slander constitute ________. A) the tort of outrage B) defamation of character C) the tort of appropriation D) intentional misrepresentation

Q: Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________. A) intentional misrepresentation B) tort of appropriation C) disparagement D) misappropriation of the right to publicity

Q: Sending an objectionable telegram to a third party and signing another's name constitutes the tort of ________. A) invasion of the right to privacy B) defamation of character C) battery D) intentional misrepresentation

Q: The tort of defamation of character requires a plaintiff to prove that the defendant ________. A) publicized a private fact about the plaintiff B) insulted people closely related to the plaintiff, such as family or friends C) published an untrue statement of fact about the plaintiff to a third party D) made one or more financial deals with the plaintiff under a false identity

Q: Which of the following statements is true of battery? A) Battery refers to intentional infliction of emotional distress. B) Assault and battery often occur together. C) Actual physical contact is not necessary for a tort to be termed as battery. D) Indirect physical contact between the victim and the perpetrator is not battery.

Q: Harvey was at his college reunion where he noticed Raymond, his former roommate. Harvey and Raymond did not get along well at the reunion. Offended by something Raymond mentioned, Harvey punched him in the face which broke his jaw. Harvey is liable for ________. A) breach of duty of care B) disparagement C) battery D) assault

Q: Which of the following actions would make Sarah liable for battery? A) She publishes an article calling for the current U.S. President to quit because she thinks he is not doing a good job. B) She extends the boundary of her plot of land encroaching two feet of her neighbor's plot. C) She smuggles marijuana into the country. D) She slaps her ex-husband because he denied her alimony.

Q: Michael wanted to shoot Gary but accidentally injured Stella with the bullet. Which of the following can Stella use to recover damages from Michael? A) Doctrine of unintentional tort B) Doctrine of proximate cause C) Doctrine of negligence D) Transferred intent doctrine

Q: Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose. Jessica manages to stop the bleeding and rushes out to the nearest pharmacythree miles awayto get medication for him. While doing so, she locks the house from outside and asks Kyle not to leave the house till she returns. The only way he can get out of the house is by breaking a window. Due to a roadblock on her way back, Jessica is delayed by an hour. Which of the following statements is true in this case? A) Jessica is liable for kidnapping. B) Jessica is liable for negligence as well as breach of duty of care. C) Jessica can be sued for false imprisonment. D) Jessica is not liable for prosecution for an intentional tort.

Q: ________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes. A) Invasion of the right to privacy B) Tort of appropriation C) Defamation of character D) Disparagement

Q: The threat of immediate harm or offensive contact is termed as ________. A) battery B) assault C) disparagement D) libel

Q: Which of the following statements is true of the tort of assault? A) An assault is considered an unintentional tort. B) An attack is considered an assault only if the defendant was provoked to attack a plaintiff. C) An attack is not considered an assault if the defendant was provoked to attack a plaintiff. D) Actual physical contact between plaintiff and defendant is not necessary.

Q: John Harley was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages for ________. A) assault B) battery C) libel D) disparagement

Q: Which of the following best describes the tort of battery? A) unauthorized and harmful or offensive physical contact with another person that causes injury B) an action that arouses reasonable apprehension of imminent harm C) oral or written defamation of another person's character D) intentional confinement or restraint of another person without that person's consent

Q: Which of the following torts constitutes battery? A) stealing a person's wallet B) threatening to shoot a person C) blackmailing a person D) poisoning a person's drink

Q: Which of the following is an intentional tort? A) breach of duty of care B) defect in product manufacture C) disparagement D) negligence

Q: Under the doctrine of strict liability, bystanders who are injured by a defective product are entitled to the same protection as the consumers or users.

Q: The doctrine of strict liability holds the manufacturers of a defective product solely liable for injuries caused by that product.

Q: Privity of contract between the plaintiff and the defendant is not required in a strict liability suit.

Q: A seller of a defective product cannot be held strictly liable if it can be proved that he or she took all possible care in the preparation and sale of the product.

Q: Casual sales and transactions are not covered under the strict liability doctrine.