Question 1

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 2

In which of the following situations would the doctrine of res ipsa loquitur apply?

Accepted Answer

A)  A truck backed into a fence. 
B)  A jar of jam fell on your foot. 
C)  A post operative x-ray showed a surgical sponge in your stomach. 
D)  A door slammed on your foot. 
A)  A truck backed into a fence. 
B)  A jar of jam fell on your foot. 
C)  A post operative x-ray showed a surgical sponge in your stomach. 
D)  A door slammed on your foot.

Question 3

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 4

Under the doctrine of __________,the plaintiff's negligence is an absolute bar to recovery against the defendant.

Accepted Answer

A)  contributory negligence 
B)  comparative negligence 
C)  contribution 
D)  indemnity 
A)  contributory negligence 
B)  comparative negligence 
C)  contribution 
D)  indemnity

Question 5

Fact Pattern 9-1Frank belongs to the same country club as his former physician, Dr. Bozo. Frank recently started dating Dr. Bozo's former wife, Alice, and decided to find a new physician. Frank found out that Dr. Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety. Frank is very angry, confronts Dr. Bozo on the golf course, and tells him that he is going to sue him under a federal law protecting medical information. Dr. Bozo laughs and says in front of a number of Frank's golfing buddies, "I'm not surprised that you're going nuts and that you have high blood pressure-hanging out with Alice has done that to many a man."
-Refer to Fact Pattern 9-1.What right of action,if any,would Frank have against Dr.Bozo?

Accepted Answer

A)  He has no cause of action against Dr.Bozo because the law does not protect this type of invasion of privacy so long as Dr.Bozo was being truthful regarding his health condition. 
B)  He could sue Dr.Bozo under a federal statute enacted to protect privacy rights. 
C)  He could not sue Dr.Bozo directly under any federal statute enacted to protect privacy rights, but he could likely prevail in a common law action for the public disclosure of private facts. 
D)  He could not sue Dr.Bozo under federal law for invasion of privacy nor could he sue under a common law cause of action, but only because he was no longer Dr.Bozo's patient. 
A)  He has no cause of action against Dr.Bozo because the law does not protect this type of invasion of privacy so long as Dr.Bozo was being truthful regarding his health condition. 
B)  He could sue Dr.Bozo under a federal statute enacted to protect privacy rights. 
C)  He could not sue Dr.Bozo directly under any federal statute enacted to protect privacy rights, but he could likely prevail in a common law action for the public disclosure of private facts. 
D)  He could not sue Dr.Bozo under federal law for invasion of privacy nor could he sue under a common law cause of action, but only because he was no longer Dr.Bozo's patient.

Question 6

Playing loud music late at night for recreation in a residential neighborhood can constitute a private nuisance.

Accepted Answer

A) True 
 B)False

Question 7

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 8

In most states shopkeepers who detain and later release a shoplifter may be held liable for false imprisonment even if the detention was reasonable and based on reasonable cause.

Accepted Answer

A) True 
 B)False

Question 9

Intent cannot be implied.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is the exercise of dominion and control over the personal property,rather than the real property,of another?

Accepted Answer

A)  Conversion 
B)  Trespass 
C)  Invasionary deceit 
D)  Both conversion and trespass 
A)  Conversion 
B)  Trespass 
C)  Invasionary deceit 
D)  Both conversion and trespass

Question 11

Fact Pattern 9-3
Alex and Blake got into a heated argument because Alex asked Blake's girlfriend out on a date. Blake decided that he wanted to scare Alex and drew back his fist to hit Alex. He stopped just as he was about to strike Alex in the nose. Alex yelled out, "You didn't scare me. I was ready for a fight!" Later, Alex decides that he would like to sue Blake and asks your advice on issues involving assault and battery.
-Refer to Fact Pattern 9-3.What would you tell Alex regarding whether he should sue Alex for committing a battery?

Accepted Answer

A)  That it appears that the necessary elements are present for him to succeed in an action against Blake for battery so long as he can show apprehension of being struck. 
B)  That he could not win in an action for battery because he admitted that he was not afraid. 
C)  That he could not win in an action for battery because Blake did not actually strike him. 
D)  That he could not win in an action for battery because it appears that Blake's actions were justified. 
A)  That it appears that the necessary elements are present for him to succeed in an action against Blake for battery so long as he can show apprehension of being struck. 
B)  That he could not win in an action for battery because he admitted that he was not afraid. 
C)  That he could not win in an action for battery because Blake did not actually strike him. 
D)  That he could not win in an action for battery because it appears that Blake's actions were justified.

Question 12

France requires bystanders to try and help those in danger if trying to help will not put the bystanders at risk.

Accepted Answer

A) True 
 B)False

Question 13

Paul is suing Dan for negligence arising out of a boating accident.What are the elements that Paul must prove in order to win his case? Discuss fully.

Accepted Answer

To establish liability under a negligenc

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

CASE 9.1,Kubert v.Best(2013)examined the question of whether a third party who was not present,but was __________ the driver of the car who hit the plaintiff,had __________ the person who was injured.

Accepted Answer

A)  texting, a legal duty of care to 
B)  talking, a legal duty to 
C)  texting, a legal defense to 
D)  texting, distracted 
A)  texting, a legal duty of care to 
B)  talking, a legal duty to 
C)  texting, a legal defense to 
D)  texting, distracted

Question 16

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 17

Written defamation is known as:

Accepted Answer

A)  libel. 
B)  slander. 
C)  malicious intent. 
D)  invasion of privacy. 
A)  libel. 
B)  slander. 
C)  malicious intent. 
D)  invasion of privacy.

Question 18

Spoken defamation is known as:

Accepted Answer

A)  libel. 
B)  slander. 
C)  malicious intent. 
D)  invasion of privacy. 
A)  libel. 
B)  slander. 
C)  malicious intent. 
D)  invasion of privacy.

Question 19

Which of the following is true regarding assault?

Accepted Answer

A)  Assault is an intentional, nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent. 
B)  Assault is an intentional, nonconsensual act that gives rise to the fear that a harmful or offensive contact is imminent. 
C)  Assault is a negligent, nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent. 
D)  Assault is a negligent, nonconsensual act that gives rise to the fear that a harmful or offensive contact is imminent. 
A)  Assault is an intentional, nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent. 
B)  Assault is an intentional, nonconsensual act that gives rise to the fear that a harmful or offensive contact is imminent. 
C)  Assault is a negligent, nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent. 
D)  Assault is a negligent, nonconsensual act that gives rise to the fear that a harmful or offensive contact is imminent.

Question 20

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

Exam 9: Torts and Privacy Protection.

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

In which of the following situations would the doctrine of res ipsa loquitur apply?

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

Under the doctrine of __________,the plaintiff's negligence is an absolute bar to recovery against the defendant.

Playing loud music late at night for recreation in a residential neighborhood can constitute a private nuisance.

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

In most states shopkeepers who detain and later release a shoplifter may be held liable for false imprisonment even if the detention was reasonable and based on reasonable cause.

Intent cannot be implied.

Which of the following is the exercise of dominion and control over the personal property,rather than the real property,of another?

France requires bystanders to try and help those in danger if trying to help will not put the bystanders at risk.

Paul is suing Dan for negligence arising out of a boating accident.What are the elements that Paul must prove in order to win his case? Discuss fully.

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

CASE 9.1,Kubert v.Best(2013)examined the question of whether a third party who was not present,but was __________ the driver of the car who hit the plaintiff,had __________ the person who was injured.

Written defamation is known as:

Spoken defamation is known as:

Which of the following is true regarding assault?

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?

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

CASE 9.1,Kubert v.Best(2013)examined the question of whether a third party who was not present,but was the driver of the car who hit the plaintiff,had the person who was injured.