Question 1

If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received, what negligence has occurred?

Accepted Answer

A)  criminal 
B)  contributory 
C)  personal 
D)  prejudicial 
A)  criminal 
B)  contributory 
C)  personal 
D)  prejudicial

Question 2

Torts arise from a violation of a ____ duty.

Accepted Answer

A)  public 
B)  private 
C)  contractual 
D)  criminal 
A)  public 
B)  private 
C)  contractual 
D)  criminal

Question 3

Product disparagement is a form of defamation.

Accepted Answer

A) True 
 B)False

Question 4

A tort is an interference with someone's person or property.

Accepted Answer

A) True 
 B)False

Question 5

Slander of title and trade libel are collectively known as product __________.

Accepted Answer

A)  Divestiture 
B)  Disparagement 
C)  Dilution 
D)  Diversion 
A)  Divestiture 
B)  Disparagement 
C)  Dilution 
D)  Diversion

Question 6

U.S. Senator Jones enjoys an absolute privilege when she is speaking on the floor of the Senate.

Accepted Answer

A) True 
 B)False

Question 7

John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for:

Accepted Answer

A)  defamation. 
B)  wrongful interference with a contract. 
C)  intentional infliction of emotional distress. 
D)  trespass. 
A)  defamation. 
B)  wrongful interference with a contract. 
C)  intentional infliction of emotional distress. 
D)  trespass.

Question 8

A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.

Accepted Answer

A) True 
 B)False

Question 9

Plaintiffs are typically awarded punitive damages in negligence cases.

Accepted Answer

A) True 
 B)False

Question 10

Offensive language used by one person to describe another constitutes the tort of slander.

Accepted Answer

A) True 
 B)False

Question 11

An absolute privilege is available as a defense to slander liability when:

Accepted Answer

A)  the statement is made to only a few people. 
B)  libel exists. 
C)  a witness testifies in a court proceeding. 
D)  no intent to harm is present. 
A)  the statement is made to only a few people. 
B)  libel exists. 
C)  a witness testifies in a court proceeding. 
D)  no intent to harm is present.

Question 12

The concept of immunity from liability means that:

Accepted Answer

A)  one who harms another can be held liable only for voluntary acts. 
B)  certain persons are not subject to tort liability. 
C)  one who harms another without intending to do so is not subject to tort liability. 
D)  one who harms a child can never be sued by the parents of the injured child. 
A)  one who harms another can be held liable only for voluntary acts. 
B)  certain persons are not subject to tort liability. 
C)  one who harms another without intending to do so is not subject to tort liability. 
D)  one who harms a child can never be sued by the parents of the injured child.

Question 13

A crime is a wrong that arises from a violation of a private duty, whereas a tort is a wrong that arises from a violation of a public duty.

Accepted Answer

A) True 
 B)False

Question 14

Trespass to personal property requires:

Accepted Answer

A)  the personal property to be connected to real property. 
B)  destroying the personal property. 
C)  the invasion of personal property regardless of whether the owner grants permission. 
D)  the invasion of personal property without the permission of the owner. 
A)  the personal property to be connected to real property. 
B)  destroying the personal property. 
C)  the invasion of personal property regardless of whether the owner grants permission. 
D)  the invasion of personal property without the permission of the owner.

Question 15

The widest range of tort liability arises in the area of:

Accepted Answer

A)  negligence. 
B)  absolute liability. 
C)  violation of statute. 
D)  assumption of risk. 
A)  negligence. 
B)  absolute liability. 
C)  violation of statute. 
D)  assumption of risk.

Question 16

Professionals have a duty to perform their jobs at the level of:

Accepted Answer

A)  a reasonable person. 
B)  a reasonable professional in the same business. 
C)  an extraordinarily careful person. 
D)  an extraordinary person. 
A)  a reasonable person. 
B)  a reasonable professional in the same business. 
C)  an extraordinarily careful person. 
D)  an extraordinary person.

Question 17

Philip Laws leased an apartment from Candice Sutton. Laws had notified Sutton on more than one occasion that the wooden steps to his apartment were decaying and in need of repair. Laws claimed that he had to leave the outside light on to avoid portions of the steps that no longer would bear his weight when he came in at night. Sutton promised to repair the steps while Laws was away on a business trip. Accordingly, Laws did not leave lights on during his absence. When he returned three nights later, Laws was injured when one of the steps broke under his weight as he was entering his apartment. Laws sued Sutton. Sutton replied that she should not bear liability for Laws' injury because Laws knew of the condition of the steps and had not taken the customary precaution of lighting the area. Based on what you have learned in this chapter, decide the case.

Accepted Answer

Questions of contributory negligence, co

Question 18

The degree of care required of a person is:

Accepted Answer

A)  that degree of care the person exercised in the situation at hand. 
B)  that degree of care an extraordinary person would exercise under similar circumstances. 
C)  that degree of care a reasonably prudent person would exercise under similar circumstances. 
D)  that degree of care professionals exercise in similar situations. 
A)  that degree of care the person exercised in the situation at hand. 
B)  that degree of care an extraordinary person would exercise under similar circumstances. 
C)  that degree of care a reasonably prudent person would exercise under similar circumstances. 
D)  that degree of care professionals exercise in similar situations.

Question 19

In order to establish the tort of false imprisonment, a person must show imprisonment for:

Accepted Answer

A)  any amount of time. 
B)  at least one minute. 
C)  at least ten minutes. 
D)  at least one hour. 
A)  any amount of time. 
B)  at least one minute. 
C)  at least ten minutes. 
D)  at least one hour.

Question 20

The tort of invasion of privacy requires the reasonable intrusion into one's private affairs.

Accepted Answer

A) True 
 B)False

Exam 8: Torts

If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received, what negligence has occurred?

Torts arise from a violation of a ____ duty.

Product disparagement is a form of defamation.

A tort is an interference with someone's person or property.

Slander of title and trade libel are collectively known as product __________.

U.S. Senator Jones enjoys an absolute privilege when she is speaking on the floor of the Senate.

John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for:

A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.

Plaintiffs are typically awarded punitive damages in negligence cases.

Offensive language used by one person to describe another constitutes the tort of slander.

An absolute privilege is available as a defense to slander liability when:

The concept of immunity from liability means that:

A crime is a wrong that arises from a violation of a private duty, whereas a tort is a wrong that arises from a violation of a public duty.

Trespass to personal property requires:

The widest range of tort liability arises in the area of:

Professionals have a duty to perform their jobs at the level of:

The degree of care required of a person is:

In order to establish the tort of false imprisonment, a person must show imprisonment for:

The tort of invasion of privacy requires the reasonable intrusion into one's private affairs.

The Nature and Sources of Law

The Court System and Dispute Resolution

Business Ethics, Social Forces, and the Law

The Constitution As the Foundation of the Legal Environment

Government Regulation of Competition and Prices

Administrative Agencies

Crimes

Intellectual Property Rights and the Internet

The Legal Environment of International Trade

Nature and Classes of Contracts: Contracting on the Internet

Formation of Contracts: Offer and Acceptance

Capacity and Genuine Assent

Consideration

Legality and Public Policy

Writing, Electronic Forms, and Interpretation of Contracts

Third Persons and Contracts

Discharge of Contracts

Breach of Contract and Remedies

Personal Property and Bailments

Legal Aspects of Supply Chain Management

Nature and Form of Sales

Title and Risk of Loss

Product Liability: Warranties and Torts

Obligations and Performance

Remedies for Breach of Sales Contracts

Kinds of Negotiable Instruments and Negotiability

Transfers of Negotiable Instruments and Warranties of Parties

Liability of the Parties Under Negotiable Instruments

Checks and Funds Transfers

Nature of the Debtor Creditor Relationship

Consumer Protection

Secured Transactions in Personal Property

Bankruptcy

Insurance

Agency

Third Persons in Agency

Regulation of Employment

Equal Employment Opportunity Law

Types of Business Organizations

Partnerships

LPs, LLCs, and LLPs

Corporate Formation

Shareholder Rights in Corporations

Securities Regulation

Accountants Liability and Malpractice

Management of Corporations

Real Property

Environmental Law and Land Use Controls

Leases

Decedents Estates and Trusts

Filters