Question 1

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Accepted Answer

A) The tort of outrage 
B) The tort of misappropriation 
C) Disparagement 
D) Unintentional tort 
A) The tort of outrage 
B) The tort of misappropriation 
C) Disparagement 
D) Unintentional tort

Question 2

Libel and slander constitute ________.

Accepted Answer

A) the tort of outrage 
B) defamation of character 
C) the tort of appropriation 
D) intentional misrepresentation 
A) the tort of outrage 
B) defamation of character 
C) the tort of appropriation 
D) intentional misrepresentation

Question 3

If a plaintiff is injured,the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

Accepted Answer

A) True 
 B)False

Question 4

________ damages refer to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.

Accepted Answer

A) Reliance 
B) Consequential 
C) Punitive 
D) Nominal 
A) Reliance 
B) Consequential 
C) Punitive 
D) Nominal

Question 5

________ is the violation of a statute that proximately causes an injury.

Accepted Answer

A) Disparagement 
B) Res ipsa loquitur 
C) Negligence per se 
D) Misappropriation 
A) Disparagement 
B) Res ipsa loquitur 
C) Negligence per se 
D) Misappropriation

Question 6

Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose.Jessica manages to stop the bleeding and rushes out to the nearest pharmacy-three miles away-to get medication for him.While doing so,she locks the house from outside and asks Kyle not to leave the house till she returns.The only way he can get out of the house is by breaking a window.Due to a roadblock on her way back,Jessica is delayed by an hour.Which of the following statements is true in this case?

Accepted Answer

A) Jessica is liable for kidnapping. 
B) Jessica is liable for negligence as well as breach of duty of care. 
C) Jessica can be sued for false imprisonment. 
D) Jessica is not liable for prosecution for an intentional tort. 
A) Jessica is liable for kidnapping. 
B) Jessica is liable for negligence as well as breach of duty of care. 
C) Jessica can be sued for false imprisonment. 
D) Jessica is not liable for prosecution for an intentional tort.

Question 7

Michael wanted to try out his new hand gun.He set up a target in his back yard for firing practice.Stella's house,which is located on the lot directly behind Michael's property,happened to be directly in the line of fire.Michael's first shot missed the target and the bullet crashed through Stella's kitchen window,striking and seriously injuring her.Which of the following legal theories would be best for Stella's attorney to use in a lawsuit against Michael?

Accepted Answer

A) doctrine of unintentional tort 
B) doctrine of proximate cause 
C) res ipsa loquitur 
D) gross negligence 
A) doctrine of unintentional tort 
B) doctrine of proximate cause 
C) res ipsa loquitur 
D) gross negligence

Question 8

The reasonable person standard is a test used to determine whether a tort is intentional or unintentional.

Accepted Answer

A) True 
 B)False

Question 9

One student actor wins a part in a play over another student actor.To get back at the winning student,the rejected student files a lawsuit against the winning student alleging intentional infliction of emotional distress,defamation,and negligence.The jury returns a verdict exonerating the defendant.The defendant is now entitled to sue the plaintiff for ________.

Accepted Answer

A) the tort of outrage 
B) malicious prosecution 
C) intentional misrepresentation 
D) misappropriation of the right to publicity 
A) the tort of outrage 
B) malicious prosecution 
C) intentional misrepresentation 
D) misappropriation of the right to publicity

Question 10

Jessica files a frivolous lawsuit against Thomas claiming emotional distress because he plucked flowers from her garden without her permission.The judge exonerates Thomas.Thomas can now sue Jessica for malicious prosecution.

Accepted Answer

A) True 
 B)False

Question 11

Causation in fact refers to a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

In order to claim damages for negligence per se,the plaintiff has to prove that ________.

Accepted Answer

A) the defendant was in exclusive control of the situation 
B) the plaintiff was within a class of persons meant to be protected by the violated statute 
C) the defendant made a false representation of material fact 
D) the plaintiff was affected by malicious statements made by the defendant about his/her character 
A) the defendant was in exclusive control of the situation 
B) the plaintiff was within a class of persons meant to be protected by the violated statute 
C) the defendant made a false representation of material fact 
D) the plaintiff was affected by malicious statements made by the defendant about his/her character

Question 14

Throwing a lit match on the ground in the forest and causing a fire is a breach of ________.

Accepted Answer

A) appropriation 
B) Good Samaritan law 
C) the duty of care 
D) res ipsa loquitur 
A) appropriation 
B) Good Samaritan law 
C) the duty of care 
D) res ipsa loquitur

Question 15

Which of the following statements is true about the strict liability doctrine?

Accepted Answer

A) Privity of contract between the injured party and defendant is mandatory. 
B) Injured bystanders cannot recover damages under the strict liability doctrine. 
C) Parties in the chain of distribution are strictly liable only to the customer who buys the product. 
D) Injured bystanders are entitled to the same protection as the product's consumer. 
A) Privity of contract between the injured party and defendant is mandatory. 
B) Injured bystanders cannot recover damages under the strict liability doctrine. 
C) Parties in the chain of distribution are strictly liable only to the customer who buys the product. 
D) Injured bystanders are entitled to the same protection as the product's consumer.

Question 16

A pedestrian trips and falls on a poorly lit sidewalk in front of Kate Geller's house and is injured.If the pedestrian sues for damages,which of the following parties would most likely be liable to pay the damages?

Accepted Answer

A) the civic authority 
B) Kate Geller 
C) the residents' association of the locality 
D) the pedestrian 
A) the civic authority 
B) Kate Geller 
C) the residents' association of the locality 
D) the pedestrian

Question 17

Intentional misrepresentation occurs when a wrongdoer deceives another person out of money,property,or something else of value.

Accepted Answer

A) True 
 B)False

Question 18

False statements that appear in a letter,newspaper,magazine,book,photograph,movie or video are ________.

Accepted Answer

The answer of False statements that appear in a letter,newspaper,magazine,book,photograph,movie...

Question 19

A doctrine under which damages are apportioned according to fault is known as ________.

Accepted Answer

comparativ

Question 20

The manufacturer or seller is not liable if a product is materially altered or modified after it leaves the seller's possession and the alteration or modification causes an injury.

Accepted Answer

A) True 
 B)False

Exam 6: Torts and Strict Liability

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Libel and slander constitute ________.

If a plaintiff is injured,the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

________ damages refer to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.

________ is the violation of a statute that proximately causes an injury.

The reasonable person standard is a test used to determine whether a tort is intentional or unintentional.

Jessica files a frivolous lawsuit against Thomas claiming emotional distress because he plucked flowers from her garden without her permission.The judge exonerates Thomas.Thomas can now sue Jessica for malicious prosecution.

Causation in fact refers to a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

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

In order to claim damages for negligence per se,the plaintiff has to prove that ________.

Throwing a lit match on the ground in the forest and causing a fire is a breach of ________.

Which of the following statements is true about the strict liability doctrine?

A pedestrian trips and falls on a poorly lit sidewalk in front of Kate Geller's house and is injured.If the pedestrian sues for damages,which of the following parties would most likely be liable to pay the damages?

Intentional misrepresentation occurs when a wrongdoer deceives another person out of money,property,or something else of value.

False statements that appear in a letter,newspaper,magazine,book,photograph,movie or video are ________.

A doctrine under which damages are apportioned according to fault is known as ________.

The manufacturer or seller is not liable if a product is materially altered or modified after it leaves the seller's possession and the alteration or modification causes an injury.

Legal Heritage and the Digital Age

Ethics and Social Responsibility of Business

Courts, Jurisdiction, and Administrative Agencies

Alternative, Judicial, and E-Dispute Resolution

Constitutional Law for Business and E-Commerce

Cyber Law and Cyber Crimes

Intellectual Property and Cyber Piracy

Formation and Requirements of Contracts

Performance and Breach of Contracts

Digital Law and E-Commerce

UCC Sales Contracts, Leases, and Warranties

Credit, Secured Transactions, and Bankruptcy

Small Business, General Partnerships, and Limited Partnerships

Limited Liability Companies, Limited Liability Partnerships, and Special Forms of Business

Corporations and Corporate Governance

Investor Protection, E-Securities, and Wall Street Reform

Agency Law

Equal Opportunity in Employment

Employment Law and Worker Protection

Labor Law and Immigration Law

Antitrust Law and Unfair Trade Practices

Consumer Protection

Environmental Protection

Real Property and Land Use Regulation

International and World Trade Law

Accountants' Duties and Liability

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