Question 1

A medical doctor who amputates the wrong arm may be held liable for which of the following?

Accepted Answer

A)  medical malpractice 
B)  an intentional tort 
C)  strict liability 
D)  wrongful amputation 
E)  breach of contract 
A)  medical malpractice 
B)  an intentional tort 
C)  strict liability 
D)  wrongful amputation 
E)  breach of contract

Question 2

The violation of a statute that proximately causes an injury is negligence per se.

Accepted Answer

A) True 
 B)False

Question 3

The doctrine applied when someone intends to cause injury to a certain person,but instead actually causes that injury to a different person is:

Accepted Answer

A)  transferred intent 
B)  innocent bystander 
C)  multiple victim 
D)  misplaced consequence 
E)  res ipsa loquitur 
A)  transferred intent 
B)  innocent bystander 
C)  multiple victim 
D)  misplaced consequence 
E)  res ipsa loquitur

Question 4

If a plaintiff voluntarily enters into or participates in a risky activity that results in injury,what is the most likely defense that he or she may use in response to a defendant's claim that the plaintiff assumed the risk?

Accepted Answer

A)  contributory negligence 
B)  comparative negligence 
C)  plaintiff had no knowledge of the danger involved when he or she participated in the activity 
D)  defendant was negligent per se 
E)  defendant assumed the risk under the "danger invites rescue" doctrine 
A)  contributory negligence 
B)  comparative negligence 
C)  plaintiff had no knowledge of the danger involved when he or she participated in the activity 
D)  defendant was negligent per se 
E)  defendant assumed the risk under the "danger invites rescue" doctrine

Question 5

Which of the following is true about the tort of invasion of the right to privacy?

Accepted Answer

A)  The tort is actionable only by public figures. 
B)  True statements or facts that are disclosed can support a claim for the invasion of the right to privacy. 
C)  Once a fact has become public,its disclosure cannot thereafter support a claim for the invasion of the right to privacy. 
D)  The tort requires that the defendant entered the plaintiff's home or place of business to acquire the information that was disclosed. 
A)  The tort is actionable only by public figures. 
B)  True statements or facts that are disclosed can support a claim for the invasion of the right to privacy. 
C)  Once a fact has become public,its disclosure cannot thereafter support a claim for the invasion of the right to privacy. 
D)  The tort requires that the defendant entered the plaintiff's home or place of business to acquire the information that was disclosed.

Question 6

Strict liability is liability without fault.

Accepted Answer

A) True 
 B)False

Question 7

Powdersurf is a manufacturer of snowboards.Powdersurf is an aggressive marketer,and new to this product line.Powdersurf has adopted several strategies to help it rapidly build market share.One approach was to make the designs and graphics of some of its snowboards nearly identical to those of the industry leader's snowboards.In addition,Powdersurf has begun an advertising campaign that criticizes its competitor's products.For example,it has made several claims,known to be wrong,about the materials used in the competitor's boards.It has also made claims about a tendency of one competitor's boards to break during use.This was based on an independent lab's report that later proved to be wrong.Lastly,Powdersurf made several allegations about the president of the leading competitor,primarily claiming that this well-known snowboarding pioneer had not accomplished all that he claimed.Powdersurf believed that its allegations were correct,but it turned out that they were wrong.Discuss any tort claims that might be brought against Powdersurf and their likely resolution.

Accepted Answer

If Powdersurf were trying to pass its sn

Question 8

The doctrine that is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class that includes the plaintiff is:

Accepted Answer

A)  negligence per se 
B)  res ipsa loquitur 
C)  proximate cause statute 
D)  concurrent statutory violation 
A)  negligence per se 
B)  res ipsa loquitur 
C)  proximate cause statute 
D)  concurrent statutory violation

Question 9

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 10

Intent is required for a product disparagement claim.

Accepted Answer

A) True 
 B)False

Question 11

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 the 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 the 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 12

Good Samaritan laws do not generally protect persons who are not medical professionals and who have not had training in CPR.

Accepted Answer

A) True 
 B)False

Question 13

Mary,a 68-year-old widow,hired an electrician to make some wiring repairs to her home.The electrician accidentally started a fire that destroyed her house.Mary was not injured,but watched her house burn along with all her possessions.It was emotionally devastating to watch as she lost a whole life's worth of memories.Can she recover for negligent infliction of emotional distress?

Accepted Answer

A)  Yes,because the electrician was the cause of her emotional distress through his outrageous conduct of starting the fire. 
B)  Yes,because her distress was genuine. 
C)  No,because her situation does not meet all the elements necessary to recover for negligent infliction of emotional distress. 
D)  No,because she assumed the risk by having someone do electrical work in her home. 
A)  Yes,because the electrician was the cause of her emotional distress through his outrageous conduct of starting the fire. 
B)  Yes,because her distress was genuine. 
C)  No,because her situation does not meet all the elements necessary to recover for negligent infliction of emotional distress. 
D)  No,because she assumed the risk by having someone do electrical work in her home.

Question 14

In all defamation of character cases,the plaintiff must prove that the defendant knew that the statement was false.

Accepted Answer

A) True 
 B)False

Question 15

In the Palsgraf case,foreseeability was an issue.The question addressed by the court was:

Accepted Answer

A)  Was it foreseeable to the plaintiff (Ms. Palsgraf) that the scales would fall? 
B)  Was it foreseeable to the plaintiff (Ms. Palsgraf) that someone in the train station would be carrying explosive fireworks? 
C)  Was it foreseeable to the passenger carrying the fireworks that they might explode and injure someone? 
D)  Was it foreseeable to the railroad employee helping the passenger onto the train that doing so might lead to injury to Ms. Palsgraf or another bystander? 
E)  Was it foreseeable to Ms. Palsgraf that her injury would have been caused by an explosion? 
A)  Was it foreseeable to the plaintiff (Ms. Palsgraf) that the scales would fall? 
B)  Was it foreseeable to the plaintiff (Ms. Palsgraf) that someone in the train station would be carrying explosive fireworks? 
C)  Was it foreseeable to the passenger carrying the fireworks that they might explode and injure someone? 
D)  Was it foreseeable to the railroad employee helping the passenger onto the train that doing so might lead to injury to Ms. Palsgraf or another bystander? 
E)  Was it foreseeable to Ms. Palsgraf that her injury would have been caused by an explosion?

Question 16

A reporter appears on television and declares that the head coach of a professional sports team is "the worst coach in the history of sports." The coach subsequently files a lawsuit against the reporter.A court would most likely determine which of the following?

Accepted Answer

A)  The reporter is liable for a claim of slander. 
B)  The reporter is liable for a claim of libel. 
C)  The reporter is not liable because truth is an absolute defense. 
D)  The reporter is not liable because the statement is an expression of opinion. 
A)  The reporter is liable for a claim of slander. 
B)  The reporter is liable for a claim of libel. 
C)  The reporter is not liable because truth is an absolute defense. 
D)  The reporter is not liable because the statement is an expression of opinion.

Question 17

Persons who engage in abnormally dangerous activities such as crop dusting or blasting:

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 
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

Question 18

Sam is a business executive who flies often in connection with work.After the September,2001 terrorists' destruction in New York and Washington,Sam flew less frequently.In response to the attacks,new federal regulations made the federal government responsible for all airport security personnel.In most cases,including at Sam's home airport,the government met the obligation by hiring private contractors to provide the security services.These firms were heavily regulated and controlled by the government.Also,in the new regulations were profiling guidelines that required additional security screenings for persons meeting such guidelines.These guidelines were partly secret,but it was known that members of certain races were much more likely to fall within them.In addition,on average,six times as many males as females met the guidelines.Shortly after these regulations were in place,Sam went to his airport and found extremely long lines at the security checkpoint.He waited in line nearly 3 hours.As he was about 10 people away from being screened,an irate passenger,Marvin,came running through the line screaming that he was about to miss his flight.Marvin accidentally hit Sam forcefully,breaking Sam's arm.In addition,Sam had his pet ferret (a small animal,an exotic pet)in his coat pocket.The impact caused the ferret to die.Marvin said that the slowness and incompetence of the security personnel had caused him to "lose it." When Sam reached the security checkpoint,he was pulled aside for additional screening.This involved waiting in an additional line for 30 minutes longer.Sam learned that he had to go through the additional security because he was returning home on the same day,had no checked baggage,and was male.Sam has sued both the security screening company and Marvin for his injuries and the loss of his ferret,and emotional distress related to these.Discuss Sam's claims,any defenses and their likely resolution.

Accepted Answer

Sam's claims would not prevail against t

Question 19

Cindy was riding her bicycle on a paved bike path and had an accident with another cyclist.Cindy's $1,000 bicycle was destroyed in the accident.If the jury determined that Cindy was 60 percent at fault and the other cyclist 40 percent at fault,under which doctrines would Cindy be entitled to recover $400 from the other cyclist?

Accepted Answer

A)  contributory negligence only 
B)  pure comparative negligence only 
C)  partial comparative negligence only 
D)  either form of comparative negligence,but not contributory negligence 
E)  either form of comparative negligence as well as under contributory negligence 
A)  contributory negligence only 
B)  pure comparative negligence only 
C)  partial comparative negligence only 
D)  either form of comparative negligence,but not contributory negligence 
E)  either form of comparative negligence as well as under contributory negligence

Question 20

Injuries suffered as a result of a tort may include past and future medical expenses.

Accepted Answer

A) True 
 B)False

Exam 5: Intentional Torts and Negligence

A medical doctor who amputates the wrong arm may be held liable for which of the following?

The violation of a statute that proximately causes an injury is negligence per se.

The doctrine applied when someone intends to cause injury to a certain person,but instead actually causes that injury to a different person is:

If a plaintiff voluntarily enters into or participates in a risky activity that results in injury,what is the most likely defense that he or she may use in response to a defendant's claim that the plaintiff assumed the risk?

Which of the following is true about the tort of invasion of the right to privacy?

Strict liability is liability without fault.

The doctrine that is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class that includes the plaintiff is:

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

Intent is required for a product disparagement claim.

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

Good Samaritan laws do not generally protect persons who are not medical professionals and who have not had training in CPR.

In all defamation of character cases,the plaintiff must prove that the defendant knew that the statement was false.

In the Palsgraf case,foreseeability was an issue.The question addressed by the court was:

A reporter appears on television and declares that the head coach of a professional sports team is "the worst coach in the history of sports." The coach subsequently files a lawsuit against the reporter.A court would most likely determine which of the following?

Persons who engage in abnormally dangerous activities such as crop dusting or blasting:

Injuries suffered as a result of a tort may include past and future medical expenses.

Legal Heritage and the Information Age

Court Systems and Jurisdiction

Judicial, Alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Strict Liability and Product 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

Internet Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

Liability,Defenses and Discharge

Checks, the Banking System, and E-Money

Creditor's and Debtor's Rights

Secured Transactions and Electronic Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment,Worker Protection,and Immigration Laws

Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Businesses, Entrepreneurs, and General Partnerships

Limited Partnerships and Limited Liability Limited 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 Business

Investor Protection and Online Securities Transactions

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection and Global Warming

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

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Landlord Tenant Law and Land Use Regulation

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Accountants' Liability

Wills, Trusts, and Elder Law

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