Q&A Hero

Q: If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process, the nurse cannot be sued as he or she is protected by Good Samaritan statutes.

Q: The defendant can held liable for injuries caused by the superseding event.

Q: Assumption of the risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury.

Q: Comparative negligence is a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

Q: Strict liability applies to services, but not products.

Q: The violation of a statute that proximately causes an injury is termed as negligence per se.

Q: A homeowner is liable for negligence per se, if he or she fails to repair a damaged sidewalk in front of his or her home, and a pedestrian who trips on the unrepaired sidewalk is injured.

Q: In order to claim damages for negligence per se, the plaintiff need not prove that he or she was within a class of persons meant to be protected by the statute.

Q: Res ipsa loquitur switches the burden to the plaintiff to prove that the defendant was negligent.

Q: Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.

Q: Res ipsa loquitor is a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care.

Q: A doctor driving on the wrong side of the road crashes into an eight-year-old boy riding a bicycle. Fearing the consequences, the doctor flees without reporting the accident or giving first-aid to the boy. The doctor is liable for professional malpractice.

Q: A lawyer who fails to file a document with the court on time, causing the client's case to be dismissed is liable for legal malpractice.

Q: Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.

Q: A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.

Q: If a woman is informed of her husband being run over by a bus the previous night, she can recover damages for negligent infliction of emotional distress.

Q: If a plaintiff is injured, the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

Q: Causation in fact refers to 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.

Q: If the defendant's act caused the plaintiff's injuries, there is causation in fact

Q: Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.

Q: John watches his brother being killed in a road accident. The perpetrator was driving under the influence of alcohol. John can recover damages for negligent infliction of emotional distress for the mental trauma he suffered from watching his brother die.

Q: If a person did not have knowledge that his representation of facts was false, he is still liable for fraud.

Q: In a lawsuit for malicious prosecution, the original defendant sues the original plaintiff.

Q: Jessica files a frivolous lawsuit against Thomas claiming emotional distress because he plucked flowers from her garden without her permission. The judge exonerates Thomas who can now sue Jessica for malicious prosecution.

Q: Reasonable person standard is a test used to determine whether a tort is intentional or unintentional.

Q: If a shoplifting suspect is detained for an unreasonably long time and is found to be innocent, the merchant is liable for the tort of malicious prosecution.

Q: If a defendant makes an untrue statement of fact about the plaintiff and the statement was intentionally or accidentally published to a third party, the defendant is held liable for misappropriation of the right to publicity.

Q: If a magazine publishes a false statement about a public personality, it is liable for invasion of the right to privacy.

Q: If a newspaper review calls a commercially successful actor talentless, it is liable for defamation of character.

Q: A disparagement is an untrue statement made by one person or business about the products, services, property, or reputation of another business.

Q: Intentional misrepresentation occurs when a wrongdoer deceives another person out of money, property, or something else of value.

Q: A threat of future harm or moral pressure is not considered false imprisonment.

Q: ________ refers to an alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability.

Q: Actual physical contact is not necessary for a tort to be considered an assault.

Q: Direct physical contact, such as intentionally hitting someone with a fist, is considered battery.

Q: Assault and battery are mutually exclusive torts that do not occur together.

Q: ________ is a defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

Q: A doctrine under which damages are apportioned according to fault is known as ________.

Q: ________ is the liability of a professional who breaches his or her duty of ordinary care.

Q: ________ is liability without fault.

Q: When the containers of a product are not tamperproof, it is termed as a ________.

Q: ________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Q: A failure to exercise care or to act as a reasonable person would act is a breach of ________.

Q: A tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care is ________.

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.

Q: A(n) ________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

Q: ________ is the making of false statements about a competitor's products, services, property, or business reputation.

Q: A civil action lawsuit in which the original defendant sues the original plaintiff for damages is known as ________.

Q: Explain the doctrine of strict liability with examples.

Q: Unauthorized and harmful or offensive physical contact with another person is called ________.

Q: The intentional confinement or restraint of another person without authority or justification and without consent is called ________.

Q: A false statement that appears in letter, newspaper, magazine, book, photograph, movie or video is called ________.

Q: ________ is a test that is applied to classifications based on a suspect class or involves fundamental rights.

Q: The Due Process Clause of the ________ Amendment applies to federal government action.

Q: The ________ Clauses prohibit states from enacting laws that unduly discriminate in favor of their residents.

Q: Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council. But this is untrue. Is Monica liable for prosecution? Why?

Q: When and how can a plaintiff claim damages if the defendant has breached a duty of care?

Q: The first ten amendments to the U.S. Constitution are commonly known as the ________.

Q: ________ is speech that the government cannot prohibit or regulate.

Q: Offensive speech is a form of ________ speech according to the First Amendment.

Q: The ________ Clause prevents the government from promoting one religion over the other.

Q: The ________ Clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.

Q: The ________ Act sets the terms of casino gambling and other gaming activities on tribal land.

Q: ________ is a power that permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.

Q: The president is selected by the ________.

Q: The ________ provides that federal law takes precedence over state or local law.

Q: Why is it unconstitutional for a state government to ban products imported from a foreign country, despite that country engaging in activities not condonable by that state?

Q: Distinguish between limited protected speech and unprotected speech, as divided by the U.S. Supreme Court.

Q: The U.S.'s form of government is referred to as ________, in which the federal government and the fifty states share powers.

Q: ________ are powers delegated to the federal government by the states.

Q: ________ is responsible for making federal law.

Q: Each state has ________ senators in the U.S. Senate.

Q: The ________ Clauses in the Constitution collectively prohibit states from enacting laws that unduly discriminate in favor of their residents. A) Due Process B) Equal Protection C) Establishment D) Privileges and Immunity

Q: How is the federal government divided? Why are checks and balances necessary? Explain with instances.

Q: How is power divided between the federal government and the state governments?

Q: How has the U.S. government regulated commerce with Native Americans?

Q: Which of the following is an instance of a decision involving the Equal Protection Clause being made on the basis of the rational basis test? A) The government requires only men above the age of 18 to volunteer for military service. B) The government establishes a trust fund to provide financial aid to minority groups. C) A state government employs measures to improve living conditions in the reservations. D) The government provides subsidies to farmers, but not to carpenters or lumberjacks.

Q: Which of the following provisions is made by the Due Process Clauses? A) No person shall be deprived of life, liberty, or property without due process of the law. B) No state can regulate foreign trade directly or indirectly without due process of the law. C) Motions for amendments to the constitution cannot be made without a majority in the parliament. D) Violation of freedom of speech makes the violator liable for immediate prosecution with due process of the law.

Q: The ________ requires that government statutes, ordinances, regulations, and other laws be clear on their face and not overly broad in scope. A) procedural due process B) substantive due process C) intermediate scrutiny test D) rational scrutiny test

Q: A certain state in the U.S. declares that its citizens should only wear "modest" clothing. Which of the following conclusions is made when this law is tested for substantive due process? A) unconstitutional for compulsion B) invalid for violation of Equal Protection Clause C) void for vagueness D) invalid for violating freedom of expression