Question 1

Which of the following statements is correct regarding the differences between contract,tort,and criminal law?

Accepted Answer

A) Tort and criminal law both impose a punishment for the defendant including prison and/or a fine. 
B) Criminal law imposes duties of conduct on all persons. 
C) Contract law awards money damages for the plaintiff;tort and criminal law do not. 
D) Criminal law is prosecuted by the government. 
A) Tort and criminal law both impose a punishment for the defendant including prison and/or a fine. 
B) Criminal law imposes duties of conduct on all persons. 
C) Contract law awards money damages for the plaintiff;tort and criminal law do not. 
D) Criminal law is prosecuted by the government.

Question 2

A tort is a violation of a duty imposed by the civil law.

Accepted Answer

A) True 
 B)False

Question 3

Wilma's arm is broken when Paula knocks her down during an argument.If Wilma sues Paula for battery,what damages is Wilma likely to receive?

Accepted Answer

A successful plaintiff usually receives

Question 4

Edith becomes ill at work,but her boss insists that she finish mopping the shop floor and cleaning the cabinets before she is allowed to leave.He physically prevents her from leaving the premises by watching over her until her work is finished.What tort has occurred?

Accepted Answer

A)  trespass 
B)  conversion 
C)  battery 
D) false imprisonment 
A)  trespass 
B)  conversion 
C)  battery 
D) false imprisonment

Question 5

Shortly after Brian started to work at Trevit,Inc. ,a coworker,Ann,began asking him out.Brian said no.Nevertheless,Ann persisted.One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?

Accepted Answer

A) Ann defamed Brian. 
B) Ann committed the tort of trespass. 
C) Ann committed the tort of interference with a prospective advantage. 
D) Ann committed the tort of battery. 
A) Ann defamed Brian. 
B) Ann committed the tort of trespass. 
C) Ann committed the tort of interference with a prospective advantage. 
D) Ann committed the tort of battery.

Question 6

The elements in a defamation case are:

Accepted Answer

A) defamatory statement;falsity;communication;and injury. 
B) a contract;knowledge of the contract;improper inducement;injury. 
C) false or misleading fact statements;statements in commercial advertising;likelihood of harm. 
D) duty;breach of duty;proximate causation;and damages. 
A) defamatory statement;falsity;communication;and injury. 
B) a contract;knowledge of the contract;improper inducement;injury. 
C) false or misleading fact statements;statements in commercial advertising;likelihood of harm. 
D) duty;breach of duty;proximate causation;and damages.

Question 7

As assistant manager of a discount department store,you have been asked to review the store's policy concerning shoplifters.(a)Discuss the legal standard used in most states governing the detention of suspected shoplifters.(b)In reviewing the store's policy,discuss some of the items that you will consider.

Accepted Answer

a)Generally,a store may detain a custome

Question 8

The ruling in the landmark case of New York Times v.Sullivan was that a public official can win a defamation case

Accepted Answer

A) without proving the defendant acted with reckless disregard of the truth. 
B) only by proving the defendant's actual malice. 
C) without proving the defendant knew his or her statement was false. 
D) only by proving the defendant has a history of reckless behavior. 
A) without proving the defendant acted with reckless disregard of the truth. 
B) only by proving the defendant's actual malice. 
C) without proving the defendant knew his or her statement was false. 
D) only by proving the defendant has a history of reckless behavior.

Question 9

There are four elements to a defamation case,and the plaintiff in any kind of lawsuit must prove one of the four elements to prevail.

Accepted Answer

A) True 
 B)False

Question 10

In an advertisement,FreshAir,Inc.stated that its air freshener lasted for 3 hours while the competitor's Smell Sweet lasted for only 36 minutes.In fact,Smell Sweet freshens the air for more than 2 hours.FreshAir has not violated the Lanham Act because the First Amendment's guarantee of freedom of speech applies.

Accepted Answer

A) True 
 B)False

Question 11

John was driving home one night in a terrible snow storm when his car stalled.He managed to push the car onto a small shopping center's parking lot.The next day about noon he came to get the car and it had been towed away by the owner of the parking lot.The owner explained she had to remove the car to clean the snow off her lot and told John where the car had been towed.Which statement is correct?

Accepted Answer

A) The owner of the parking lot is liable for conversion.She took John's car without his consent. 
B) The parking lot owner has absolute privilege for towing the car since it was a business necessity. 
C) Even though John left his car in the parking lot under emergency conditions,he still committed a trespass on the owner's property. 
D) All these are correct. 
A) The owner of the parking lot is liable for conversion.She took John's car without his consent. 
B) The parking lot owner has absolute privilege for towing the car since it was a business necessity. 
C) Even though John left his car in the parking lot under emergency conditions,he still committed a trespass on the owner's property. 
D) All these are correct.

Question 12

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 13

Tracy is an employee of Zebra Toy Company,and both parties are free to terminate her employment at will.One afternoon she has lunch with a friend who works in marketing for her company's biggest competitor,Tiger Toys.Over a period of about three months,Tiger Toy representatives convince Tracy to work with them.Tiger offers a larger base salary with bigger commissions than she had with Zebra.When Tracy leaves Zebra,it sues Tiger Toys claiming it intentionally interfered with a contractual relationship.Will Zebra Toy Company be successful?

Accepted Answer

No.The existing contract could be termin

Question 14

Working out some frustrations after a bad game,Jessica angrily hits a baseball and then sees it is flying toward the umpire.She yells,"Watch out!" The umpire ducks and the ball misses him.Since there was no physical contact,no assault or battery occurred.

Accepted Answer

A) True 
 B)False

Question 15

An intentional tort involves conduct in which

Accepted Answer

A) the defendant intended to harm the plaintiff. 
B) the defendant intended a certain physical act that 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 that 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 16

A national magazine published an article about a famous television star.The television personality is upset because the information contained in the story is not correct.If the actress sues the magazine,

Accepted Answer

A) she will need to show that the magazine has a history of being "reckless" with facts on a regular basis. 
B) she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts. 
C) she will need to show that the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed. 
D) she will need to show that the magazine could have discovered that the story was false but failed to do so. 
A) she will need to show that the magazine has a history of being "reckless" with facts on a regular basis. 
B) she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts. 
C) she will need to show that the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed. 
D) she will need to show that the magazine could have discovered that the story was false but failed to do so.

Question 17

A witness testifying in a court or legislature may never be sued for defamation.

Accepted Answer

A) True 
 B)False

Question 18

If Gloria threw a rock that 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 19

Which of the following is the general goal of compensatory damages?

Accepted Answer

A) to find a way to help the defendant avoid jail time for his or her crime 
B) to restore the plaintiff to the position he or she was in before the injury 
C) to punish the defendant for extreme and outrageous conduct 
D) to make the defendant suffer as much as the plaintiff suffered 
A) to find a way to help the defendant avoid jail time for his or her crime 
B) to restore the plaintiff to the position he or she was in before the injury 
C) to punish the defendant for extreme and outrageous conduct 
D) to make the defendant suffer as much as the plaintiff suffered

Question 20

Rodney was employed by Deluxe Discount Store.Rodney's manager directed him to check the prices of dog food at Huge Savings Store.The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave.Rodney,fearful that he would be fired by Deluxe,refused to leave.Rodney committed the tort of

Accepted Answer

A) larceny. 
B) trespass. 
C) misrepresentation. 
D) conversion. 
A) larceny. 
B) trespass. 
C) misrepresentation. 
D) conversion.

Exam 8: Intentional Torts and Business Torts

Which of the following statements is correct regarding the differences between contract,tort,and criminal law?

A tort is a violation of a duty imposed by the civil law.

Wilma's arm is broken when Paula knocks her down during an argument.If Wilma sues Paula for battery,what damages is Wilma likely to receive?

Edith becomes ill at work,but her boss insists that she finish mopping the shop floor and cleaning the cabinets before she is allowed to leave.He physically prevents her from leaving the premises by watching over her until her work is finished.What tort has occurred?

Shortly after Brian started to work at Trevit,Inc. ,a coworker,Ann,began asking him out.Brian said no.Nevertheless,Ann persisted.One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?

The elements in a defamation case are:

The ruling in the landmark case of New York Times v.Sullivan was that a public official can win a defamation case

There are four elements to a defamation case,and the plaintiff in any kind of lawsuit must prove one of the four elements to prevail.

Working out some frustrations after a bad game,Jessica angrily hits a baseball and then sees it is flying toward the umpire.She yells,"Watch out!" The umpire ducks and the ball misses him.Since there was no physical contact,no assault or battery occurred.

An intentional tort involves conduct in which

A national magazine published an article about a famous television star.The television personality is upset because the information contained in the story is not correct.If the actress sues the magazine,

A witness testifying in a court or legislature may never be sued for defamation.

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

Which of the following is the general goal of compensatory damages?

Introduction to Law

Ethics and Corporate Social Responsibility

International Law

Common Law, Statutory Law, and Administrative Law

Constitutional Law

Dispute Resolution

Crime

Negligence, Strict Liability, and Product Liability

Privacy and Internet Law

Introduction to Contracts

Agreement: Offers and Acceptances

Consideration

Legality

Voidable Contracts: Capacity and Consent

Written Contracts

Third Parties

Contract Termination

Remedies

Practical Contracts

Introduction to Sales

Ownership, Risk and Warranties

Performance and Remedies

Secured Transactions

Creating a Negotiable Instrument

Liability for Negotiable Instruments

Accountants Liability

Agency Law

Employment and Labor Law

Employment Discrimination

Starting a Business: Llcs and Other Options

Partnerships

Life and Death of a Corporation

Management Duties

Shareholder Rights

Bankruptcy

Securities Regulation

Antitrust

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Environmental Law

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Real Property and Landlord Tenant Law

Personal Property and Bailment

Planning for the Future: Wills, Trusts and Insurance

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