Question 1

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.

Accepted Answer

A) True 
 B)False

Question 2

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 ________.

Accepted Answer

A) breach of duty of care 
B) disparagement 
C) battery 
D) assault 
A) breach of duty of care 
B) disparagement 
C) battery 
D) assault

Question 3

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.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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 ________.

Accepted Answer

A) assault 
B) battery 
C) libel 
D) disparagement 
A) assault 
B) battery 
C) libel 
D) disparagement

Question 6

The term ________ refers to a defense a defendant can use against a plaintiff who knowingly and voluntarily entered into or participated in an activity that had a high probability of resulting in injury to the plaintiff.

Accepted Answer

A) superseding event 
B) comparative negligence 
C) assumption of risk 
D) intervening event 
A) superseding event 
B) comparative negligence 
C) assumption of risk 
D) intervening event

Question 7

Which of the following actions would make Sarah liable for battery?

Accepted Answer

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. 
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.

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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?

Accepted Answer

A) the civic authority 
B) Kate Geller 
C) the residents' association of the locality 
D) the pedestrian 
A) the civic authority 
B) Kate Geller 
C) the residents' association of the locality 
D) the pedestrian

Question 10

Which of the following is true about the duty of care?

Accepted Answer

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. 
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.

Question 11

Under the ________ doctrine, damages are apportioned according to fault.

Accepted Answer

A) Contributory negligence 
B) Comparative fault 
C) Proximate cause 
D) Assumption of risk 
A) Contributory negligence 
B) Comparative fault 
C) Proximate cause 
D) Assumption of risk

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

How is assault different from battery?

Accepted Answer

Assault is (1)the threat of immediate ha

Question 14

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.

Accepted Answer

A) True 
 B)False

Question 15

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.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

The threat of immediate harm or offensive contact is termed as ________.

Accepted Answer

A) battery 
B) assault 
C) disparagement 
D) libel 
A) battery 
B) assault 
C) disparagement 
D) libel

Question 18

The violation of a statute that proximately causes an injury is termed as ________.

Accepted Answer

A) disparagement 
B) res ipsa loquitur 
C) negligence per se 
D) misappropriation 
A) disparagement 
B) res ipsa loquitur 
C) negligence per se 
D) misappropriation

Question 19

What is meant by "causation in fact"?

Accepted Answer

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 
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

Question 20

Sending an objectionable telegram to a third party and signing another's name constitutes the tort of ________.

Accepted Answer

A) invasion of the right to privacy 
B) defamation of character 
C) battery 
D) intentional misrepresentation 
A) invasion of the right to privacy 
B) defamation of character 
C) battery 
D) intentional misrepresentation

Exam 5: Intentional Torts and Negligence

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.

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 ________.

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.

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

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 ________.

The term ________ refers to a defense a defendant can use against a plaintiff who knowingly and voluntarily entered into or participated in an activity that had a high probability of resulting in injury to the plaintiff.

Which of the following actions would make Sarah liable for battery?

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

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?

Which of the following is true about the duty of care?

Under the ________ doctrine, damages are apportioned according to fault.

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

How is assault different from battery?

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.

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.

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

The threat of immediate harm or offensive contact is termed as ________.

The violation of a statute that proximately causes an injury is termed as ________.

What is meant by "causation in fact"?

Sending an objectionable telegram to a third party and signing another's name constitutes the tort of ________.

Legal Heritage and the Digital Age

Courts and Jurisdiction

Judicial,Alternative,and E-Dispute Resolution

Constitutional Law for Business and E-Commerce

Product and Strict Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

E-Commerce and Digital Law

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Warranties

Creation of Negotiable Instruments

Holder in Due Course and Transferability

Liability, Defenses, and Discharge

Banks, E-Money, and Financial Reform

Credit,Mortgages,and Debtor's Rights

Secured Transactions and E-Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment, Worker Protection, and Immigration Law

Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Business, Entrepreneurship, and General Partnerships

Limited Partnerships and Special Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Businesses

Investor Protection, E-Securities, and Wall Street Reform

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

Real Property

Landlord-Tenant Law and Land Use Regulation

Insurance

Accountants' Duties and Liability

Wills Trusts and Estates

Family Law

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