Question 1

Accountants may be liable to persons other than their own clients for their own negligence.

Accepted Answer

A) True 
 B)False

Question 2

The U.S.Supreme Court has held that in order for a public official or public figure to recover damages for defamation by a media defendant,there must be a showing of

Accepted Answer

A) intent. 
B) negligence. 
C) actual malice. 
D) invasion of privacy. 
A) intent. 
B) negligence. 
C) actual malice. 
D) invasion of privacy.

Question 3

Playing loud music late at night for recreation in a residential neighborhood can constitute a private nuisance.

Accepted Answer

A) True 
 B)False

Question 4

The tort of intentional infliction of emotional distress protects a person's right to peace of mind.

Accepted Answer

A) True 
 B)False

Question 5

Assumption of risk is a defense to the tort of negligence.

Accepted Answer

A) True 
 B)False

Question 6

Fact pattern 9-3
Alex and Blake got in a heated argument because Alex asked Blake's girlfriend out on a date.Blake decided that he wanted to scare Alex and drew back his fist to hit Alex.He stopped just as he was about to strike Alex in the nose.Alex yelled out,"You didn't scare me.I was ready for a fight!" Later,Alex decides that he would indeed like to sue Blake and asks your advice.
-Refer to fact pattern 9-3.What would you tell Alex regarding whether he should sue Alex for committing a battery?

Accepted Answer

A) That it appears that the necessary elements are present for him to succeed in an action against Blake for battery so long as he can show apprehension of being struck. 
B) That he could not win in an action for battery because he admitted that he was not afraid. 
C) That he could not win in an action for battery because Blake did not actually strike him. 
D) That he could not win in an action for battery because it appears that Blake's actions were justified. 
A) That it appears that the necessary elements are present for him to succeed in an action against Blake for battery so long as he can show apprehension of being struck. 
B) That he could not win in an action for battery because he admitted that he was not afraid. 
C) That he could not win in an action for battery because Blake did not actually strike him. 
D) That he could not win in an action for battery because it appears that Blake's actions were justified.

Question 7

Which of the following are forms of invasion of privacy?

Accepted Answer

A) Intrusion of privacy. 
B) Public disclosure of private facts. 
C) Private disclosure of private facts. 
D) Both intrusion of privacy and public disclosure of private facts. 
A) Intrusion of privacy. 
B) Public disclosure of private facts. 
C) Private disclosure of private facts. 
D) Both intrusion of privacy and public disclosure of private facts.

Question 8

Tort damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

Accepted Answer

A) True 
 B)False

Question 9

The tort of false imprisonment requires that the plaintiff either knew he or she was confined or suffered harm as a result of the confinement.

Accepted Answer

A) True 
 B)False

Question 10

Fact pattern 9-2
Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution.He was involved in a very unfortunate motor vehicle accident.Tony hit his new Mercedes in the rear just as Cathy crossed the center line and sideswiped him.Blake's car was severely damaged,and Blake suffered from whiplash for a few weeks.Blake sued both Tony and Cathy.It was determined at trial that both Tony and Cathy were negligent,that Blake was not negligent,that Tony was 60% responsible for Blake's injuries,that Cathy was 40% responsible for Blake's injuries,and that Blake's total damages were $100,000.
-Refer to fact pattern 9-2.Assume Blake or his insurer pays the entire amount and then attempts to recoup amounts from Cathy.Could Cathy be held liable for any amounts?

Accepted Answer

A) Yes,she could be required to pay one-half the judgment. 
B) Yes,she could be required to pay $40,000. 
C) Yes,she could be required to pay $60,000 
D) No,she could not be legally required to pay any amounts. 
A) Yes,she could be required to pay one-half the judgment. 
B) Yes,she could be required to pay $40,000. 
C) Yes,she could be required to pay $60,000 
D) No,she could not be legally required to pay any amounts.

Question 11

Which of the following is the best defense to negligence?

Accepted Answer

A) The plaintiff was a friend of the defendant. 
B) The defendant did not intend to harm the plaintiff. 
C) The defendant was concerned for the safety of the plaintiff. 
D) The plaintiff contributed to his own injuries. 
A) The plaintiff was a friend of the defendant. 
B) The defendant did not intend to harm the plaintiff. 
C) The defendant was concerned for the safety of the plaintiff. 
D) The plaintiff contributed to his own injuries.

Question 12

Under strict liability the defendant's ________ is irrelevant.

Accepted Answer

A) due care 
B) intent 
C) fault 
D) all of the responses are correct 
A) due care 
B) intent 
C) fault 
D) all of the responses are correct

Question 13

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

Accepted Answer

A) trespass. 
B) nuisance. 
C) ultra hazardous activities. 
D) strict liability. 
A) trespass. 
B) nuisance. 
C) ultra hazardous activities. 
D) strict liability.

Question 14

A professional athlete injured during practice is deemed to have consented to the physical contact attendant to practice.

Accepted Answer

A) True 
 B)False

Question 15

Under the doctrine of ________,the plaintiff's negligence is an absolute bar to recovery against the defendant.

Accepted Answer

A) contributory negligence 
B) comparative negligence 
C) contribution 
D) indemnity 
A) contributory negligence 
B) comparative negligence 
C) contribution 
D) indemnity

Question 16

Trespass may occur below the surface of land.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is true regarding battery?

Accepted Answer

A) Battery is the negligent,nonconsensual,harmful or offensive contact with the plaintiff's body or with something in contact with it. 
B) Battery is the intentional,nonconsensual,harmful or offensive contact with the plaintiff's body or with something in contact with it. 
C) Battery is the intentional,consensual,harmful or offensive contact with the plaintiff's body or with something in contact with it. 
D) Battery is the negligent,consensual,harmful or offensive contact with the plaintiff's body or with something in contact with it. 
A) Battery is the negligent,nonconsensual,harmful or offensive contact with the plaintiff's body or with something in contact with it. 
B) Battery is the intentional,nonconsensual,harmful or offensive contact with the plaintiff's body or with something in contact with it. 
C) Battery is the intentional,consensual,harmful or offensive contact with the plaintiff's body or with something in contact with it. 
D) Battery is the negligent,consensual,harmful or offensive contact with the plaintiff's body or with something in contact with it.

Question 18

Fact pattern 9-1
Frank belongs to the same country club as his former physician,Dr.Bozo.Frank recently started dating Dr.Bozo's former wife,Alice,and decided to find a new physician.Frank found out that Dr.Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety.Frank is very angry,confronts Dr.Bozo on the golf course and tells him that he is going to sue him under a federal law protecting medical information.Dr.Bozo laughs and says in front of a number of Frank's golfing buddies,"I'm not surprised that you're going nuts and that you have high blood pressure - hanging out with Alice has done that to many a man."
-Refer to fact pattern 9-1.Alice is furious when she finds out what Dr.Bozo said about her and decides that she is going to sue him for defamation.Which of the following would be Dr.Bozo's best defense?

Accepted Answer

A) That he did not put anything in writing and that,therefore,no cause of action for defamation is available. 
B) That he was married to Alice at one time. 
C) That he did not make the statement in front of a sufficient number of people. 
D) That he was expressing an opinion. 
A) That he did not put anything in writing and that,therefore,no cause of action for defamation is available. 
B) That he was married to Alice at one time. 
C) That he did not make the statement in front of a sufficient number of people. 
D) That he was expressing an opinion.

Question 19

France requires bystanders to try and help those in danger if trying to help will not put the bystanders at risk.

Accepted Answer

A) True 
 B)False

Question 20

Under the doctrine of _________,once the court determines that multiple defendants are at fault,the plaintiff may collect the entire judgment from any one of them,regardless of the degree of that defendant's fault.

Accepted Answer

A) joint and individual liability 
B) cumulative liability 
C) contributory liability 
D) none of the responses are correct 
A) joint and individual liability 
B) cumulative liability 
C) contributory liability 
D) none of the responses are correct

Exam 9: Torts and Privacy protection

Accountants may be liable to persons other than their own clients for their own negligence.

The U.S.Supreme Court has held that in order for a public official or public figure to recover damages for defamation by a media defendant,there must be a showing of

Playing loud music late at night for recreation in a residential neighborhood can constitute a private nuisance.

The tort of intentional infliction of emotional distress protects a person's right to peace of mind.

Assumption of risk is a defense to the tort of negligence.

Which of the following are forms of invasion of privacy?

Tort damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

The tort of false imprisonment requires that the plaintiff either knew he or she was confined or suffered harm as a result of the confinement.

Which of the following is the best defense to negligence?

Under strict liability the defendant's ________ is irrelevant.

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

A professional athlete injured during practice is deemed to have consented to the physical contact attendant to practice.

Under the doctrine of ________,the plaintiff's negligence is an absolute bar to recovery against the defendant.

Trespass may occur below the surface of land.

Which of the following is true regarding battery?

France requires bystanders to try and help those in danger if trying to help will not put the bystanders at risk.

Under the doctrine of _________,once the court determines that multiple defendants are at fault,the plaintiff may collect the entire judgment from any one of them,regardless of the degree of that defendant's fault.

law, value creation, and risk management

Ethics ant the law

Courts, sources of law, and dispute resolution

Constitutional bases for business regulation

Agency

Administrative Law

Contracts

sales, licensing, and e-commerce

product liability

Intellectual property

The employment agreement

civil rights and employment discrimination

executive compensation and employee benefits

Criminal law

Environmental law

Antitrust

Consumer Protection

real property and land use

Forms of business organizations

Directors, Officers, and Controlling Shareholders

Public and Private Offerings of Securities

Securities Fraud and insider trading

Debtor-Creditor Relations and Bankruptcy

International Business

Filters