Question 1

In a strict liability case,the courts still consider if the defendant acted in a reasonable and prudent manner.

Accepted Answer

A) True 
 B)False

Question 2

List and discuss the elements necessary to establish negligence.

Accepted Answer

For there to be a successful lawsuit for

Question 3

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk in a suit to recover for her injuries.

Accepted Answer

A) True 
 B)False

Question 4

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Accepted Answer

A) True 
 B)False

Question 5

Lori works for Big Corporation as an "at will" employee.Richard,owner of a small store,offers to pay Lori much more money if she will leave Big Corp and work for his store.When Lori starts to work for Richard,Big Corp correctly claims Richard is liable for tortious interference with a contract.

Accepted Answer

A) True 
 B)False

Question 6

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one third of that space.Dewayne is liable for the intentional tort of fraud.

Accepted Answer

A) True 
 B)False

Question 7

In awarding punitive damages,a court must consider:

Accepted Answer

A) the reprehensibility of the defendant's conduct. 
B) the ratio between the harm suffered and the award. 
C) the difference between the punitive award and any civil penalties used in similar cases. 
D) All of the above. 
A) the reprehensibility of the defendant's conduct. 
B) the ratio between the harm suffered and the award. 
C) the difference between the punitive award and any civil penalties used in similar cases. 
D) All of the above.

Question 8

Public officials and public figures receive less protection from defamation than ordinary people.

Accepted Answer

A) True 
 B)False

Question 9

The intentional tort of battery involves conduct in which:

Accepted Answer

A) the defendant intended to harm the plaintiff. 
B) the defendant intended a certain physical act which ends up injuring someone. 
C) injuries are caused to someone because of the defendant's neglect or oversight. 
D) there is resulting punishment,including prison,for the defendant. 
A) the defendant intended to harm the plaintiff. 
B) the defendant intended a certain physical act which ends up injuring someone. 
C) injuries are caused to someone because of the defendant's neglect or oversight. 
D) there is resulting punishment,including prison,for the defendant.

Question 10

In a negligence case,the plaintiff must establish:

Accepted Answer

A) duty,strict liability,causation,and injury. 
B) mens rea,breach,foreseeable harm,and injury. 
C) duty,actus reus,foreseeable harm,and causation. 
D) duty of due care,breach,causation,foreseeable harm,and injury. 
A) duty,strict liability,causation,and injury. 
B) mens rea,breach,foreseeable harm,and injury. 
C) duty,actus reus,foreseeable harm,and causation. 
D) duty of due care,breach,causation,foreseeable harm,and injury.

Question 11

Most states recognize some form of comparative negligence.

Accepted Answer

A) True 
 B)False

Question 12

A contractor used dynamite to loosen a rocky hillside.The blast from the dynamite caused a house foundation to crack.The house was located over a half-mile away from the dynamite site.The contractor was careful when using the dynamite and no allegation of negligence is made.However,the house owner claims the contractor is liable for damage to the foundation.Is the house owner correct? Explain.

Accepted Answer

Yes.The contractor is liable under the c

Question 13

Which of the following is a valid defense to a defamation claim?

Accepted Answer

A) The statement was true. 
B) The statement was only an opinion. 
C) The person making the statement made it only to the plaintiff,not to any third parties. 
D) All of the above. 
A) The statement was true. 
B) The statement was only an opinion. 
C) The person making the statement made it only to the plaintiff,not to any third parties. 
D) All of the above.

Question 14

Theft is to the criminal law as ____ is to the civil law.

Accepted Answer

A) stealing 
B) appropriating 
C) conversion 
D) trespass 
A) stealing 
B) appropriating 
C) conversion 
D) trespass

Question 15

Which of the following acts resulting in injury would be negligence per se?

Accepted Answer

A) Janet driving 40 mph over the posted speed limit. 
B) Ted keeping explosives in his private,locked garage without complying with state law regulating the storage of such materials. 
C) A retailer selling glue containing benzene to a 14-year-old boy in violation of state law. 
D) All the above acts are negligence per se. 
A) Janet driving 40 mph over the posted speed limit. 
B) Ted keeping explosives in his private,locked garage without complying with state law regulating the storage of such materials. 
C) A retailer selling glue containing benzene to a 14-year-old boy in violation of state law. 
D) All the above acts are negligence per se.

Question 16

Trein,Inc.entered into a one-year,$1 million contract with Mia,a sports celebrity,to promote Trein's products.E-presto Inc. ,a competitor of Trein,was interested in having Mia promote its products but knew of her contract with Trein.E-presto offered Mia a three-year,$5 million contract.Mia left Trein and signed with E-presto.If Trein sues E-presto for tortious interference with a contract,E-presto:

Accepted Answer

A) will be able to establish a justification since E-presto was acting to protect an existing economic interest. 
B) will be able to establish a justification because,in talking to Mia,E-presto was exercising its First Amendment freedom of speech. 
C) will be able to establish a justification because to decide otherwise would subject Mia to involuntary servitude. 
D) will not be able to establish a justification. 
A) will be able to establish a justification since E-presto was acting to protect an existing economic interest. 
B) will be able to establish a justification because,in talking to Mia,E-presto was exercising its First Amendment freedom of speech. 
C) will be able to establish a justification because to decide otherwise would subject Mia to involuntary servitude. 
D) will not be able to establish a justification.

Question 17

Jane tells John that Ann was arrested for stealing a car.The story is entirely false.Ann is not a public figure.Which of the following torts has Jane committed?

Accepted Answer

A) Slander per se 
B) Ordinary Slander 
C) Libel 
D) None of the above 
A) Slander per se 
B) Ordinary Slander 
C) Libel 
D) None of the above

Question 18

Jim told his manager,Lana,that a co-worker,Diane,had been in prison for theft.Lana checked into the matter and,when she learned that Diane had served time in prison for theft,fired her.

Accepted Answer

A) Jim is liable to Diane for defamation. 
B) Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history. 
C) Jim is liable to Diane for defamation only if she is a public figure. 
D) Jim is not liable to Diane for defamation. 
A) Jim is liable to Diane for defamation. 
B) Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history. 
C) Jim is liable to Diane for defamation only if she is a public figure. 
D) Jim is not liable to Diane for defamation.

Question 19

If Gloria threw a rock which hit Merle,she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

Accepted Answer

A) True 
 B)False

Question 20

A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably.Which of the following is most likely to help the plaintiff?

Accepted Answer

A) Res judicata. 
B) Stare decisis. 
C) Res ipsa loquitur. 
D) Mens rea. 
A) Res judicata. 
B) Stare decisis. 
C) Res ipsa loquitur. 
D) Mens rea.

Exam 6: Torts and Product Liability

In a strict liability case,the courts still consider if the defendant acted in a reasonable and prudent manner.

List and discuss the elements necessary to establish negligence.

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk in a suit to recover for her injuries.

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Lori works for Big Corporation as an "at will" employee.Richard,owner of a small store,offers to pay Lori much more money if she will leave Big Corp and work for his store.When Lori starts to work for Richard,Big Corp correctly claims Richard is liable for tortious interference with a contract.

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one third of that space.Dewayne is liable for the intentional tort of fraud.

In awarding punitive damages,a court must consider:

Public officials and public figures receive less protection from defamation than ordinary people.

The intentional tort of battery involves conduct in which:

In a negligence case,the plaintiff must establish:

Most states recognize some form of comparative negligence.

Which of the following is a valid defense to a defamation claim?

Theft is to the criminal law as ____ is to the civil law.

Which of the following acts resulting in injury would be negligence per se?

Jane tells John that Ann was arrested for stealing a car.The story is entirely false.Ann is not a public figure.Which of the following torts has Jane committed?

Jim told his manager,Lana,that a co-worker,Diane,had been in prison for theft.Lana checked into the matter and,when she learned that Diane had served time in prison for theft,fired her.

If Gloria threw a rock which hit Merle,she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably.Which of the following is most likely to help the plaintiff?

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