Question 1

Express assumption of risk is when:

Accepted Answer

A)  the parties agree beforehand that the defendant will relieve the plaintiff of his or her legal duty towards the defendant 
B)  the parties agree beforehand that the plaintiff will do everything in his power to protect the defendant from known risks 
C)  the parties agree beforehand that the defendant is only responsible for unknown risks 
D)  all of the other specific choices 
E)  none of the other specific choices 
A)  the parties agree beforehand that the defendant will relieve the plaintiff of his or her legal duty towards the defendant 
B)  the parties agree beforehand that the plaintiff will do everything in his power to protect the defendant from known risks 
C)  the parties agree beforehand that the defendant is only responsible for unknown risks 
D)  all of the other specific choices 
E)  none of the other specific choices

Question 2

Suppose someone uses an Internet server, such as AOL, to send a message to others that is defamatory. The person injured by the defamation has a good case against:

Accepted Answer

A)  the sender and AOL 
B)  the sender but not AOL unless AOL was aware of the activity and did not halt it 
C)  the sender but not AOL under any circumstances 
D)  neither party; defamation actions from Internet transmissions are shielded by federal law 
E)  neither party; defamation may only occur when the transmission is face-to-face 
A)  the sender and AOL 
B)  the sender but not AOL unless AOL was aware of the activity and did not halt it 
C)  the sender but not AOL under any circumstances 
D)  neither party; defamation actions from Internet transmissions are shielded by federal law 
E)  neither party; defamation may only occur when the transmission is face-to-face

Question 3

In,Lawler v. Montblanc North America, where Lawler was fired soon after telling her supervisor that for medical reasons she could not work more than 20 hours per week the appeals court held she could sue the employer for mental distress.

Accepted Answer

A) True 
 B)False

Question 4

If a defamatory message is sent by e-mail, the e-mail server company, such as AOL, is unlikely to be liable for defamation.

Accepted Answer

A) True 
 B)False

Question 5

Most defamation suits come from:

Accepted Answer

A)  former employees suing their ex-boss for negative statements about them 
B)  former employees suing their ex-boss for criticizing their work 
C)  music artists suing critics for negative statements about their albums 
D)  students suing teachers for negative letters of recommendation 
E)  politicians suing reporters for negative news articles 
A)  former employees suing their ex-boss for negative statements about them 
B)  former employees suing their ex-boss for criticizing their work 
C)  music artists suing critics for negative statements about their albums 
D)  students suing teachers for negative letters of recommendation 
E)  politicians suing reporters for negative news articles

Question 6

You see a house on fire and rush in to save a person trapped in the house. You suffer burns from the fire. The person who negligently started the fire has no legal obligation to you because there was no knowledge you would become involved.

Accepted Answer

A) True 
 B)False

Question 7

Due to the requirement of proximate cause, in order for a person to be held liable for negligence it must be shown that:

Accepted Answer

A)  a reasonably prudent person would have foreseen the danger and done something to prevent it 
B)  the defendant knew or should have known that the victim would be harmed 
C)  the defendant acted with less than reasonable care, despite the foreseeability of harm to the victim 
D)  all of the specific choices 
E)  none of the specific choices 
A)  a reasonably prudent person would have foreseen the danger and done something to prevent it 
B)  the defendant knew or should have known that the victim would be harmed 
C)  the defendant acted with less than reasonable care, despite the foreseeability of harm to the victim 
D)  all of the specific choices 
E)  none of the specific choices

Question 8

Cause in fact is established by:

Accepted Answer

A)  evidence showing that a defendant's action or inaction is the actual cause of an injury that would not have occurred but for the defendant's behavior 
B)  evidence showing the defendant intentionally harmed the victim 
C)  evidence showing the victim was harmed due to circumstances outside his control 
D)  evidence showing the victim could not prevent the injury 
E)  evidence showing that the defendant could not have prevented the injury 
A)  evidence showing that a defendant's action or inaction is the actual cause of an injury that would not have occurred but for the defendant's behavior 
B)  evidence showing the defendant intentionally harmed the victim 
C)  evidence showing the victim was harmed due to circumstances outside his control 
D)  evidence showing the victim could not prevent the injury 
E)  evidence showing that the defendant could not have prevented the injury

Question 9

For a person to be found liable for an intentional tort the jury must find that there was a careless act that led to the harm.

Accepted Answer

A) True 
 B)False

Question 10

Fact Pattern 6-1
E-Z Rid disposes of toxic wastes. Elmo worked for E-Z. He contacted clients, negotiated contracts, and oversaw the daily operations at E-Z. The company is so busy its safety procedures are overlooked to get all the work done. Elmo knew safety lapses at E-Z (including improperly burying toxic waste) were common, but he overlooked this because he wanted the company to succeed.
Elmo happy until one day he and Jo Wong, president of the E-Z, had an argument. Elmo quit and began to look for another job. Extracto, a rival of E-Z, needed someone like Elmo. He interviewed and thought he would get the job. But when Extracto got a letter describing Elmo's work, they told him they could not hire him. Jo had written a negative and partly untrue account of his work record.
Elmo started his own business and contacted many of E-Z's clients. He told them that E-Z was having safety problems, that they could be financially liable for E-Z's negligence, and that Jo was unstable. Many of E-Z's customers switch to do business with Elmo.
When Jo discovered what Elmo had done she was furious. She bought a one-page ad in the local paper which stated that Elmo was a careless businessman whose business was bound to be awful, and who embezzled funds from clients in the past (not true). Elmo then stormed onto E-Z's property and went into Jo's office. After calling her a no-good liar, Elmo slapped her.
-Refer to Fact Pattern 6-1. Elmo's reaction to Jo's one-page advertisement may subject him to which legal action(s) by Wong:

Accepted Answer

A)  battery 
B)  conversion 
C)  trespass 
D)  all of the answers apply 
E)  none of the answers apply 
A)  battery 
B)  conversion 
C)  trespass 
D)  all of the answers apply 
E)  none of the answers apply

Question 11

A business is liable for the tort actions of its employees if carried out within the scope of their jobs.

Accepted Answer

A) True 
 B)False

Question 12

In Lawler v. Montblanc North America, where Lawler, a store manager, was fired after telling her employer that she could not work more than 20 hours a week due to a medical condition, she sued for:

Accepted Answer

A)  libel 
B)  false imprisonment 
C)  assault 
D)  battery 
E)  none of the other choices are correct 
A)  libel 
B)  false imprisonment 
C)  assault 
D)  battery 
E)  none of the other choices are correct

Question 13

False imprisonment:

Accepted Answer

A)  violates the protected interest in freedom from restraint of movement 
B)  violates the protected interest of freedom to live where you chose 
C)  violates the protected interest of freedom of speech 
D)  is a violation of personal privileges 
E)  none of the other choices 
A)  violates the protected interest in freedom from restraint of movement 
B)  violates the protected interest of freedom to live where you chose 
C)  violates the protected interest of freedom of speech 
D)  is a violation of personal privileges 
E)  none of the other choices

Question 14

In determining negligence, the law applies a reasonable-person standard, which requires a person to use extra-ordinary care in their actions.

Accepted Answer

A) True 
 B)False

Question 15

Joe walks up behind Mary while at work. Joe grabs Mary and caresses her. Mary thinks Joe is a jerk and has never encouraged him. She runs away. Mary could sue Joe for the tort of:

Accepted Answer

A)  invasion of right to privacy 
B)  libel 
C)  assault 
D)  battery 
E)  false imprisonment 
A)  invasion of right to privacy 
B)  libel 
C)  assault 
D)  battery 
E)  false imprisonment

Question 16

A tort is broadly defined as a criminal wrong, other than a breach of contract, for which the law provides a remedy.

Accepted Answer

A) True 
 B)False

Question 17

If a person is being threatened with an attack, another person has the privilege to:

Accepted Answer

A)  defend the victim by shooting the attacker 
B)  defend the victim by using reasonable force 
C)  defend the victim by arresting the attacker 
D)  all of the specific choices 
E)  none of the specific choices 
A)  defend the victim by shooting the attacker 
B)  defend the victim by using reasonable force 
C)  defend the victim by arresting the attacker 
D)  all of the specific choices 
E)  none of the specific choices

Question 18

To commit an intentional tort, the person who committed the act must have known or should have known that bad results could happen.

Accepted Answer

A) True 
 B)False

Question 19

In most states ____ doctrines allow one to match force for force.

Accepted Answer

A)  "proximate cause" 
B)  "intervening action" 
C)  "stand your ground" 
D)  "no retreat" 
E)  "every man for himself" 
A)  "proximate cause" 
B)  "intervening action" 
C)  "stand your ground" 
D)  "no retreat" 
E)  "every man for himself"

Question 20

Player A voluntarily participates in a soccer game and gets punched in the face by Player B. Player A could:

Accepted Answer

A)  not sue Player B for battery because in playing soccer, Player A is consenting to all contacts that occur in a game 
B)  not sue Player B for battery because all soccer players sign general liability forms 
C)  sue Player B for battery because punching is not a normal contact in a soccer game 
D)  sue Player B for battery because punching is against the rules in soccer 
E)  none of the other choices 
A)  not sue Player B for battery because in playing soccer, Player A is consenting to all contacts that occur in a game 
B)  not sue Player B for battery because all soccer players sign general liability forms 
C)  sue Player B for battery because punching is not a normal contact in a soccer game 
D)  sue Player B for battery because punching is against the rules in soccer 
E)  none of the other choices

Exam 6: Elements of Torts

Express assumption of risk is when:

Suppose someone uses an Internet server, such as AOL, to send a message to others that is defamatory. The person injured by the defamation has a good case against:

In,Lawler v. Montblanc North America, where Lawler was fired soon after telling her supervisor that for medical reasons she could not work more than 20 hours per week the appeals court held she could sue the employer for mental distress.

If a defamatory message is sent by e-mail, the e-mail server company, such as AOL, is unlikely to be liable for defamation.

Most defamation suits come from:

You see a house on fire and rush in to save a person trapped in the house. You suffer burns from the fire. The person who negligently started the fire has no legal obligation to you because there was no knowledge you would become involved.

Due to the requirement of proximate cause, in order for a person to be held liable for negligence it must be shown that:

Cause in fact is established by:

For a person to be found liable for an intentional tort the jury must find that there was a careless act that led to the harm.

A business is liable for the tort actions of its employees if carried out within the scope of their jobs.

In Lawler v. Montblanc North America, where Lawler, a store manager, was fired after telling her employer that she could not work more than 20 hours a week due to a medical condition, she sued for:

False imprisonment:

In determining negligence, the law applies a reasonable-person standard, which requires a person to use extra-ordinary care in their actions.

Joe walks up behind Mary while at work. Joe grabs Mary and caresses her. Mary thinks Joe is a jerk and has never encouraged him. She runs away. Mary could sue Joe for the tort of:

A tort is broadly defined as a criminal wrong, other than a breach of contract, for which the law provides a remedy.

If a person is being threatened with an attack, another person has the privilege to:

To commit an intentional tort, the person who committed the act must have known or should have known that bad results could happen.

In most states ____ doctrines allow one to match force for force.

Player A voluntarily participates in a soccer game and gets punched in the face by Player B. Player A could:

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