Question 1

Intent cannot be implied.

Accepted Answer

A) True 
 B)False

Question 2

The United States is regarded as providing adequate privacy protection under privacy laws of the European Union.

Accepted Answer

A) True 
 B)False

Question 3

Paul attempted to hit Bruce without good cause; but Bruce ducked,and Paul hit Alice instead. Alice was shocked when she felt the blow because she had been looking the other way and did not see it coming. Which of the following is true regarding the cause of action,if any,Alice would have against Paul?

Accepted Answer

A)  Alice would not have any cause of action against Paul because he hit her by accident. 
B)  Based on the theory of transferred intent, Alice would have a cause of action against Paul for assault. 
C)  Based on the theory of transferred intent, Alice would have a cause of action against Paul for assault and battery. 
D)  Based on the theory of transferred intent, Alice would have a cause of action against Paul for battery. 
A)  Alice would not have any cause of action against Paul because he hit her by accident. 
B)  Based on the theory of transferred intent, Alice would have a cause of action against Paul for assault. 
C)  Based on the theory of transferred intent, Alice would have a cause of action against Paul for assault and battery. 
D)  Based on the theory of transferred intent, Alice would have a cause of action against Paul for battery.

Question 4

__________ is the publication of statements derogatory to the quality of the plaintiff's business,to the business in general or to the plaintiff's personal affairs in order to discourage others from dealing with him or her?

Accepted Answer

A)  Disparagement 
B)  Critical falsehood 
C)  Defamation 
D)  Malicious derogatorism 
A)  Disparagement 
B)  Critical falsehood 
C)  Defamation 
D)  Malicious derogatorism

Question 5

Intent may be transferred.

Accepted Answer

A) True 
 B)False

Question 6

A court order prohibiting a defendant from continuing a certain activity would be called a(n)_________.

Accepted Answer

A)  injunction 
B)  indictment 
C)  edict 
D)  due care order 
A)  injunction 
B)  indictment 
C)  edict 
D)  due care order

Question 7

Which of the following is true regarding the Gramm-Leach-Bliley Financial Modernization Act?

Accepted Answer

A)  It requires that financial institutions provide privacy protections to consumers, that customers be given notice before the sharing of personal information with other entities occurs, and that customers be given the right to opt out of disclosures to third parties. 
B)  It requires that financial institutions provide privacy protections to consumers and that customers be given notice before the sharing of personal information with other entities occurs, but not that customers be given the right to opt out of disclosures to third parties. 
C)  It requires that financial institutions avoid giving out specific information about the amount of funds in customer accounts, but other customer information may be given to third parties without providing customer notification. 
D)  It addresses the amount of financial reserves a bank must hold and bank lending practices, but it does not address customer privacy concerns. 
A)  It requires that financial institutions provide privacy protections to consumers, that customers be given notice before the sharing of personal information with other entities occurs, and that customers be given the right to opt out of disclosures to third parties. 
B)  It requires that financial institutions provide privacy protections to consumers and that customers be given notice before the sharing of personal information with other entities occurs, but not that customers be given the right to opt out of disclosures to third parties. 
C)  It requires that financial institutions avoid giving out specific information about the amount of funds in customer accounts, but other customer information may be given to third parties without providing customer notification. 
D)  It addresses the amount of financial reserves a bank must hold and bank lending practices, but it does not address customer privacy concerns.

Question 8

The tort of conversion requires that the defendant know that the goods belonged to the plaintiff.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following are the three main credit agencies in the U.S.?

Accepted Answer

A)  Equifax, Absolute, and Assure 
B)  Assure, TransUnion and Equifax 
C)  Assure, Experian, and Equifax 
D)  Experian, Equifax, and TransUnion 
A)  Equifax, Absolute, and Assure 
B)  Assure, TransUnion and Equifax 
C)  Assure, Experian, and Equifax 
D)  Experian, Equifax, and TransUnion

Question 10

Under which of the following systems may a plaintiff recover for any amount of the defendant's negligence,even if the plaintiff was the more negligent party?

Accepted Answer

A)  Pure comparative negligence 
B)  Ordinary comparative negligence 
C)  Contributory negligence 
D)  Assumption of the risk 
A)  Pure comparative negligence 
B)  Ordinary comparative negligence 
C)  Contributory negligence 
D)  Assumption of the risk

Question 11

John has just learned that the latest issue of The Blurb,the local school newspaper,has referred to him as a "liar,cheat,and a lousy student." In fact,John is only a lousy student; he is a very honest person.Explain in detail what theory John can use to recover damages from The Blurb.What defenses are available to the newspaper?

Accepted Answer

On the claims that he was a liar and che

Question 12

What must a plaintiff show to successfully sue for malicious prosecution?

Accepted Answer

A)  That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis. 
B)  That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis, and that the earlier case was resolved in the plaintiff's favor. 
C)  That a prior proceeding was instituted against him or her negligently and that the earlier case was resolved in the plaintiff's favor. 
D)  That a prior proceeding was instituted maliciously, that the plaintiff was a public official or public figure, and that the earlier case was resolved in the plaintiff's favor. 
A)  That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis. 
B)  That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis, and that the earlier case was resolved in the plaintiff's favor. 
C)  That a prior proceeding was instituted against him or her negligently and that the earlier case was resolved in the plaintiff's favor. 
D)  That a prior proceeding was instituted maliciously, that the plaintiff was a public official or public figure, and that the earlier case was resolved in the plaintiff's favor.

Question 13

Under the Children's Online Privacy Protection Act,websites are prohibited from collecting personal information from children regardless of whether parental consent is obtained.

Accepted Answer

A) True 
 B)False

Question 14

An employer may not be held directly liable under tort law for the failure to use care in issuing a reference.

Accepted Answer

A) True 
 B)False

Question 15

Bill,a student at State University,needed a way to get some cash quickly. He took a photograph of State University's head cheerleader,Marla,and started selling jerseys with her photograph on the back under the caption of "She's Hot." Marla wants to sue for defamation. She asks you if she could win on a defamation claim and if there is anything else for which she should sue. Discuss the elements of the legal theories involved and what you should tell Marla.

Accepted Answer

ISSUES: Defamation is probably not the a

Question 16

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 Blake's 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 Tony 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 her proportional share under a contribution theory. 
B)  Yes, she could be required to pay her proportional share under an indemnification theory. 
C)  No, she could not be required to pay under either a contribution or an indemnity theory. 
D)  No, she could not be required to pay but only because she was less at fault. 
A)  Yes, she could be required to pay her proportional share under a contribution theory. 
B)  Yes, she could be required to pay her proportional share under an indemnification theory. 
C)  No, she could not be required to pay under either a contribution or an indemnity theory. 
D)  No, she could not be required to pay but only because she was less at fault.

Question 17

A single set of facts may give rise to claims under more than one tort.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following does not involve liability for an intentional tort?

Accepted Answer

A)  A defendant is found liable for battery 
B)  A defendant is found liable for false imprisonment 
C)  A defendant is found liable based on successor liability 
D)  A defendant is found liable for invasion of privacy 
A)  A defendant is found liable for battery 
B)  A defendant is found liable for false imprisonment 
C)  A defendant is found liable based on successor liability 
D)  A defendant is found liable for invasion of privacy

Question 19

Minerva told Prudence that Prudence could park her farm tractor on Minerva's land but only for one month. Two months later,Minerva is annoyed because the farm tractor is still on her land; and Prudence refuses to move it. Which of the following causes of action,if any,would Minerva have against Prudence?

Accepted Answer

A)  Trespass 
B)  Nuisance 
C)  Negligence 
D)  Trespass and nuisance, but not negligence 
A)  Trespass 
B)  Nuisance 
C)  Negligence 
D)  Trespass and nuisance, but not negligence

Question 20

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

Accepted Answer

A) True 
 B)False

Intent cannot be implied.

The United States is regarded as providing adequate privacy protection under privacy laws of the European Union.

__________ is the publication of statements derogatory to the quality of the plaintiff's business,to the business in general or to the plaintiff's personal affairs in order to discourage others from dealing with him or her?

Intent may be transferred.

A court order prohibiting a defendant from continuing a certain activity would be called a(n)_________.

Which of the following is true regarding the Gramm-Leach-Bliley Financial Modernization Act?

The tort of conversion requires that the defendant know that the goods belonged to the plaintiff.

Which of the following are the three main credit agencies in the U.S.?

Under which of the following systems may a plaintiff recover for any amount of the defendant's negligence,even if the plaintiff was the more negligent party?

What must a plaintiff show to successfully sue for malicious prosecution?

Under the Children's Online Privacy Protection Act,websites are prohibited from collecting personal information from children regardless of whether parental consent is obtained.

An employer may not be held directly liable under tort law for the failure to use care in issuing a reference.

A single set of facts may give rise to claims under more than one tort.

Which of the following does not involve liability for an intentional tort?

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

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

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

Exam 9: Torts and Privacy protection

Intent cannot be implied.

The United States is regarded as providing adequate privacy protection under privacy laws of the European Union.

__________ is the publication of statements derogatory to the quality of the plaintiff's business,to the business in general or to the plaintiff's personal affairs in order to discourage others from dealing with him or her?

Intent may be transferred.

A court order prohibiting a defendant from continuing a certain activity would be called a(n)_________.

Which of the following is true regarding the Gramm-Leach-Bliley Financial Modernization Act?

The tort of conversion requires that the defendant know that the goods belonged to the plaintiff.

Which of the following are the three main credit agencies in the U.S.?

Under which of the following systems may a plaintiff recover for any amount of the defendant's negligence,even if the plaintiff was the more negligent party?

What must a plaintiff show to successfully sue for malicious prosecution?

Under the Children's Online Privacy Protection Act,websites are prohibited from collecting personal information from children regardless of whether parental consent is obtained.

An employer may not be held directly liable under tort law for the failure to use care in issuing a reference.

A single set of facts may give rise to claims under more than one tort.

Which of the following does not involve liability for an intentional tort?

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

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

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