Question 1

Only a company making an untrue statement about another company can commit disparagement.

Accepted Answer

A) True 
 B)False

Question 2

When Kitty was 16 years old,she was arrested for shoplifting,underage drinking and stealing a car.Five years later,all three convictions were expunged from her record.(Expungement means that all records of the arrests are sealed and removed from the public record.)Kitty is now a CPA and is running for County Treasurer.She is well respected in the county,working with numerous charitable organizations,lecturing on ethics to elementary and secondary school children,serving as a scout leader for her children's troop and serves on the board of directors for two prominent corporations in the county.Her opponent is way behind in the polls and asks her father,the long time county District Attorney for advice.Dad remembers the three expunged convictions and supplies the information to his daughter who announces the information to the press who prints a front page story.Kitty,now a model citizen is ashamed and devastated.She can't sleep,her daughters are being taunted in school,parents are removing their children from her troop and she's been removed from her board positions.The charities are distancing themselves from her and schools have told her she's not who they want teaching ethics.Finally,after losing an overwhelming lead in the polls,she loses the election.Does she have a cause of action against her opponent? Why or why not?

Accepted Answer

While Kitty cannot sue for defamation be

Question 3

Which of the following is true about intentional infliction of emotional distress?

Accepted Answer

A)  Recovery is allowed any time there is any amount of mental distress. 
B)  There must be some physical contact with the plaintiff. 
C)  The defendant's conduct must go beyond all possible bounds of decency and be regarded as atrocious and utterly intolerable in a civilized society. 
D)  The plaintiff must have witnessed severe physical injury to a relative or other significant person in the plaintiff's life. 
E)  The plaintiff must establish that he or she had prior psychological problems and was predisposed to injury. 
A)  Recovery is allowed any time there is any amount of mental distress. 
B)  There must be some physical contact with the plaintiff. 
C)  The defendant's conduct must go beyond all possible bounds of decency and be regarded as atrocious and utterly intolerable in a civilized society. 
D)  The plaintiff must have witnessed severe physical injury to a relative or other significant person in the plaintiff's life. 
E)  The plaintiff must establish that he or she had prior psychological problems and was predisposed to injury.

Question 4

Doctors,lawyers,architects and accountants owe a duty of ordinary care in providing their services.This duty is known as the "reasonable professional" standard.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following torts allows a person to recover for emotional distress caused by the defendant's negligent conduct?

Accepted Answer

A)  intentional infliction of emotional distress 
B)  negligent infliction of emotional distress 
C)  punitive emotional distress 
D)  unintentional negligence 
E)  strict infliction of emotional distress 
A)  intentional infliction of emotional distress 
B)  negligent infliction of emotional distress 
C)  punitive emotional distress 
D)  unintentional negligence 
E)  strict infliction of emotional distress

Question 6

Several states have adopted partial contributory negligence,which provides that a plaintiff must be less than 50 percent responsible for causing his or her own injuries to recover under contributory negligence.

Accepted Answer

A) True 
 B)False

Question 7

Bill and Sam get into a heated argument regarding over whether a political candidate has been guilty of fraud.Sam makes a fist and acts as if he is going to hit Bill.Bill is apprehensive of immediate harm,but Sam drops his arm before he actually hits bill and says he was just kidding.Sam also apologizes for any inappropriate behavior.For which tort or torts could Sam be held liable?

Accepted Answer

A)  assault 
B)  battery 
C)  assault and battery 
D)  assault, battery, and negligence 
E)  Sam could not be held liable for anything because he said he was just kidding and he apologized. 
A)  assault 
B)  battery 
C)  assault and battery 
D)  assault, battery, and negligence 
E)  Sam could not be held liable for anything because he said he was just kidding and he apologized.

Question 8

In a negligence per se lawsuit,the plaintiff must prove: 1)the existence of a statute applicable to the dispute; and 2)the defendant owed a case-specific,subjective duty of care.

Accepted Answer

A) True 
 B)False

Question 9

Good Samaritan laws protect medical professionals only from liability for their ordinary negligence,not for injuries caused by their gross negligence or reckless or intentional conduct.

Accepted Answer

A) True 
 B)False

Question 10

Persons who engage in abnormally dangerous activities:

Accepted Answer

A)  are liable only if all the elements of negligence are proven against them. 
B)  are liable only if they intended to cause a particular injury. 
C)  are generally not liable for the injuries they cause, because otherwise no one would undertake these activities. 
D)  are liable to persons they injure even if they are not at fault. 
E)  are not liable for injuries they cause, because danger is to be expected. 
A)  are liable only if all the elements of negligence are proven against them. 
B)  are liable only if they intended to cause a particular injury. 
C)  are generally not liable for the injuries they cause, because otherwise no one would undertake these activities. 
D)  are liable to persons they injure even if they are not at fault. 
E)  are not liable for injuries they cause, because danger is to be expected.

Question 11

Direct physical contact is necessary in order to prevail in an action for battery.

Accepted Answer

A) True 
 B)False

Question 12

A party can be liable for defamation for truthful statements if the statement hurts the plaintiff's reputation.

Accepted Answer

A) True 
 B)False

Question 13

It would be a violation of the right to equal protection under the U.S.Constitution for a state to pass a merchant protection statute allowing merchants,but not other citizens,to stop and detain suspected shoplifters.

Accepted Answer

A) True 
 B)False

Question 14

True statements can be the basis for commission of the tort of invasion of the right to privacy.

Accepted Answer

A) True 
 B)False

Question 15

Under negligence principles,a person is liable only for foreseeable events.

Accepted Answer

A) True 
 B)False

Question 16

The best statement of the test applied in determining if a defendant was the proximate cause of the plaintiff's injuries is:

Accepted Answer

A)  Was it foreseeable to the plaintiff that the defendant would engage in this conduct? 
B)  Given this particular injury to the plaintiff, was it foreseeable that the defendant was the cause? 
C)  Should it have been foreseeable to the defendant that defendant's conduct could lead to this kind of injury? 
D)  Was the injury foreseeable to the plaintiff prior to the injury's occurrence? 
E)  Was it foreseeable to the plaintiff that this kind of injury could occur under the particular conditions that the injury did occur? 
A)  Was it foreseeable to the plaintiff that the defendant would engage in this conduct? 
B)  Given this particular injury to the plaintiff, was it foreseeable that the defendant was the cause? 
C)  Should it have been foreseeable to the defendant that defendant's conduct could lead to this kind of injury? 
D)  Was the injury foreseeable to the plaintiff prior to the injury's occurrence? 
E)  Was it foreseeable to the plaintiff that this kind of injury could occur under the particular conditions that the injury did occur?

Question 17

The defense of assumption of the risk assumes that the plaintiff had knowledge of the specific risk and voluntarily assumed the risk.

Accepted Answer

A) True 
 B)False

Question 18

Sam,who weighs 250 pounds,calls his 110-pound girlfriend Alice one morning while she is at work.He says,"You are to stay in your office until midnight.If you come to my house before midnight,I will make you sorry that you did." Assuming that Alice usually leaves her office at 5:00 pm but stays until midnight that night because of the threat,if Alice files a false imprisonment case against Sam,a court most likely will find that:

Accepted Answer

A)  there was false imprisonment because Sam's threat forced Alice to stay in the office. 
B)  there was no false imprisonment because Sam and Alice previously knew one another. 
C)  there was no false imprisonment because Alice could have left the office and stayed away from Sam's house, and because the threat related to future harm. 
D)  there was no false imprisonment because Alice's office was not a prison, even though it might have felt like one to Alice. 
E)  there was false imprisonment only if Alice can prove she reasonably feared Sam. 
A)  there was false imprisonment because Sam's threat forced Alice to stay in the office. 
B)  there was no false imprisonment because Sam and Alice previously knew one another. 
C)  there was no false imprisonment because Alice could have left the office and stayed away from Sam's house, and because the threat related to future harm. 
D)  there was no false imprisonment because Alice's office was not a prison, even though it might have felt like one to Alice. 
E)  there was false imprisonment only if Alice can prove she reasonably feared Sam.

Question 19

Under the law,a tort can be described as:

Accepted Answer

A)  any violation of an ethical duty. 
B)  another term for a crime or misdemeanor 
C)  any action done in violation of a prior agreement which allows the victim to recover damages 
D)  any civil wrong that allows the injured person to recover damages. 
E)  any conduct by one party that is objected to by another 
A)  any violation of an ethical duty. 
B)  another term for a crime or misdemeanor 
C)  any action done in violation of a prior agreement which allows the victim to recover damages 
D)  any civil wrong that allows the injured person to recover damages. 
E)  any conduct by one party that is objected to by another

Question 20

The tort of misappropriation of the right to publicity is also called the tort of excoriation.

Accepted Answer

A) True 
 B)False

Exam 5: Torts and Strict Liability

Only a company making an untrue statement about another company can commit disparagement.

Which of the following is true about intentional infliction of emotional distress?

Doctors,lawyers,architects and accountants owe a duty of ordinary care in providing their services.This duty is known as the "reasonable professional" standard.

Which of the following torts allows a person to recover for emotional distress caused by the defendant's negligent conduct?

Several states have adopted partial contributory negligence,which provides that a plaintiff must be less than 50 percent responsible for causing his or her own injuries to recover under contributory negligence.

In a negligence per se lawsuit,the plaintiff must prove: 1)the existence of a statute applicable to the dispute; and 2)the defendant owed a case-specific,subjective duty of care.

Good Samaritan laws protect medical professionals only from liability for their ordinary negligence,not for injuries caused by their gross negligence or reckless or intentional conduct.

Persons who engage in abnormally dangerous activities:

Direct physical contact is necessary in order to prevail in an action for battery.

A party can be liable for defamation for truthful statements if the statement hurts the plaintiff's reputation.

It would be a violation of the right to equal protection under the U.S.Constitution for a state to pass a merchant protection statute allowing merchants,but not other citizens,to stop and detain suspected shoplifters.

True statements can be the basis for commission of the tort of invasion of the right to privacy.

Under negligence principles,a person is liable only for foreseeable events.

The best statement of the test applied in determining if a defendant was the proximate cause of the plaintiff's injuries is:

The defense of assumption of the risk assumes that the plaintiff had knowledge of the specific risk and voluntarily assumed the risk.

Under the law,a tort can be described as:

The tort of misappropriation of the right to publicity is also called the tort of excoriation.

Legal Heritage and the Information Age

Constitutional Law for Business and E-Commerce

Courts and Jurisdiction

Judicial, Alternative, Administrative, and E-Dispute Resolution

Criminal Law and Cyber Crimes

Intellectual Property and Cyber Piracy

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

Capacity and Legality

Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales, Lease, and E-Contracts

Performance of Sales, Leases and E-Contracts

Remedies for Breach of Sales and Lease Contracts

Warranties and Product Liability

Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

Banking System, E-Money, and Financial Reform

Credit and Secured Transactions

Bankruptcy and Reorganization

Agency Law

Small Business, Entrepreneurship, and Partnerships

Corporate Formation and Financing

Corporate Governance and Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Company and Limited Liability Partnership

Franchise and Special Forms of Business

Investor Protection,E-Securities Transactions,and Wall Street Reform

Antitrust Law

Consumer Safety, Consumer Financial Protection, and Environmental Protection

Labor, Worker Protection, Employment, and Immigration Law

Equal Opportunity in Employment

Personal Property, Bailment, and Insurance

Real Property, Landlord-Tenant Law, and Land Use Regulation

Family Law, Wills, and Trusts

Accountants' Liability

International and World Trade Law

Filters