Question 1

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

Accepted Answer

A) True 
 B)False  True

Question 2

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. A

Question 3

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.Assuming she has the financial resources or sufficient insurance,can Blake recover the entire $100,000 from Cathy?

Accepted Answer

A)  Yes. 
B)  No, but only because she was found to be less at fault than Blake. 
C)  No, because joint and several liability is in effect. 
D)  Only if Blake can establish that Tony is insolvent can he recover the entire amount from Cathy. 
A)  Yes. 
B)  No, but only because she was found to be less at fault than Blake. 
C)  No, because joint and several liability is in effect. 
D)  Only if Blake can establish that Tony is insolvent can he recover the entire amount from Cathy. A

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

Under the doctrine of __________ liability,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)  joint and several 
A)  joint and individual liability 
B)  cumulative liability 
C)  contributory liability 
D)  joint and several

Question 6

Set forth the majority rule in relation to an accountant's liability for negligence to a third party with whom the accountant does not have a contractual relationship as well as the source of the rule.

Accepted Answer

The majority view is set forth in sectio

Question 7

The Class Action Fairness Act of 2005 moved many class actions from federal courts into state courts.

Accepted Answer

A) True 
 B)False

Question 8

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 9

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 10

The tort of negligence does not include the element of:

Accepted Answer

A)  duty. 
B)  causation. 
C)  fault. 
D)  intent. 
A)  duty. 
B)  causation. 
C)  fault. 
D)  intent.

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

__________ 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 13

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

Accepted Answer

A) True 
 B)False

Question 14

Blastco is an expert demolition company.During the process of leveling some land,Blastco fell behind in their schedule and used twice the normal amount of dynamite to blast some hills.When a charge exploded,the blast broke several of the windows in Paul's home.Paul lives near the blast site.What theory or theories may Paul use to recover damages from Blastco? Discuss fully.

Accepted Answer

Blasting would probably be considered an

Question 15

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 16

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 17

Trespass may occur below the surface of land.

Accepted Answer

A) True 
 B)False

Question 18

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 19

The Federal Trade Commission takes the position that it is an unfair or deceptive trade practice under the Federal Trade Commission Act for firms to fail to honor their own privacy policies.

Accepted Answer

A) True 
 B)False

Question 20

A tort is a type of civil or criminal wrong.

Accepted Answer

A) True 
 B)False

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

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

Under the doctrine of __________ liability,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.

Set forth the majority rule in relation to an accountant's liability for negligence to a third party with whom the accountant does not have a contractual relationship as well as the source of the rule.

The Class Action Fairness Act of 2005 moved many class actions from federal courts into state courts.

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

The tort of negligence does not include the element of:

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

__________ 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?

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

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

Which of the following is the best defense to negligence?

Trespass may occur below the surface of land.

The Federal Trade Commission takes the position that it is an unfair or deceptive trade practice under the Federal Trade Commission Act for firms to fail to honor their own privacy policies.

A tort is a type of civil or criminal wrong.

Law, Value Creation, and Risk Management.

Ethics and the Law.

Sources of Law, Courts, 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 and Sustainability.

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 Law and Transactions.

Filters

Exam 9: Torts and Privacy Protection.

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

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

Under the doctrine of __________ liability,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.

Set forth the majority rule in relation to an accountant's liability for negligence to a third party with whom the accountant does not have a contractual relationship as well as the source of the rule.

The Class Action Fairness Act of 2005 moved many class actions from federal courts into state courts.

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

The tort of negligence does not include the element of:

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

__________ 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?

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

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

Which of the following is the best defense to negligence?

Trespass may occur below the surface of land.

The Federal Trade Commission takes the position that it is an unfair or deceptive trade practice under the Federal Trade Commission Act for firms to fail to honor their own privacy policies.

A tort is a type of civil or criminal wrong.

Law, Value Creation, and Risk Management.

Ethics and the Law.

Sources of Law, Courts, 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 and Sustainability.

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 Law and Transactions.

Filters