Question 1

Define and differentiate between compensatory damages and punitive damages.

Accepted Answer

Tort damages,which may be compensatory and/or punitive,generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.Compensatory damages,or actual damages,measure the cost to repair or replace an item or the decrease in market value caused by the tortuous conduct.Compensatory damages may also include compensation for medical expenses,lost wages,and pain and suffering.Punitive damages,also known as exemplary damages,may be awarded to punish the defendant and deter others from engaging in similar conduct.Punitive damages are awarded only in cases of outrageous misconduct.The amount of punitive damages may properly be based on the defendant's degree of culpability and wealth.

Question 2

The Federal Trade Commission takes the position that it is an unfair or deceptive trade practice under the Federal Trade Commission Act for firms to fail to honor their own privacy policies.

Accepted Answer

A) True 
 B)False  True

Question 3

Jess has just learned that the latest issue of The Blurb,the local school newspaper,has referred to Jess as a "liar,cheat,and a lousy student." In fact,Jess is a lousy student,but also an exceptionally honest person.Explain in detail what theory Jess can use to recover damages from The Blurb.What defenses are available to the newspaper?

Accepted Answer

On the claims of being a liar and cheat,Jess would sue for defamation in the form of libel.A private plaintiff can recover for defamation from a media defendant if the defendant acted with knowledge,acted in reckless disregard of the facts,or was negligent in failing to ascertain the facts.A plaintiff who proceeds on a negligence theory,unless able to prove malice,must prove actual damages,such as loss of business or out-of-pocket costs.If the plaintiff can prove malice,actual damages are presumed.Regarding the assertion of being a lousy student,Jess would lose in a defamation action because of the truth of the statement.Jess could possibly prevail on a claim of public disclosure of private facts on the basis that the matter is not newsworthy.

Question 4

Intent may be transferred.

Accepted Answer

A) True 
 B)False

Question 5

Germany requires bystanders to try and help those in danger if trying to help will not put the bystanders at risk.

Accepted Answer

A) True 
 B)False

Question 6

An intoxicated employee causes an automobile accident after drinking alcohol at a company function.Under what tort can the employer be held liable? (See the Lev v.Beverly Enterprises-Massachusetts,Inc.,case.)

Accepted Answer

A)  An employer can be liable to the plaintiff injured in the accident,based upon the principle of vicarious liability 
B)  An employer can be liable to the plaintiff injured in the accident,under an aided-in-the-agency theory. 
C)  An employer can be liable to the plaintiff injured in the accident,based upon successor liability. 
D)  The employer is never liable to the plaintiff injured in the accident. 
A)  An employer can be liable to the plaintiff injured in the accident,based upon the principle of vicarious liability 
B)  An employer can be liable to the plaintiff injured in the accident,under an aided-in-the-agency theory. 
C)  An employer can be liable to the plaintiff injured in the accident,based upon successor liability. 
D)  The employer is never liable to the plaintiff injured in the accident.

Question 7

Under the doctrine of __________,the plaintiff may recover only the proportionate amount of damages attributable to the defendant's negligence.

Accepted Answer

A)  contributory negligence 
B)  comparative negligence 
C)  contribution 
D)  indemnity 
A)  contributory negligence 
B)  comparative negligence 
C)  contribution 
D)  indemnity

Question 8

The tort of intentional infliction of emotional distress protects a person's right to peace of mind.

Accepted Answer

A) True 
 B)False

Question 9

Written defamation is known as

Accepted Answer

A)  libel. 
B)  slander. 
C)  malicious intent. 
D)  invasion of privacy. 
A)  libel. 
B)  slander. 
C)  malicious intent. 
D)  invasion of privacy.

Question 10

What must a plaintiff show to successfully sue for malicious prosecution?

Accepted Answer

A)  That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis 
B)  That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis,and that the earlier case was resolved in the plaintiff's favor 
C)  That a prior proceeding was instituted against him or her negligently and that the earlier case was resolved in the plaintiff's favor 
D)  That a prior proceeding was instituted maliciously,that the plaintiff was a public official or public figure,and that the earlier case was resolved in the plaintiff's favor 
A)  That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis 
B)  That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis,and that the earlier case was resolved in the plaintiff's favor 
C)  That a prior proceeding was instituted against him or her negligently and that the earlier case was resolved in the plaintiff's favor 
D)  That a prior proceeding was instituted maliciously,that the plaintiff was a public official or public figure,and that the earlier case was resolved in the plaintiff's favor

Question 11

What does the term respondeat superior mean?

Accepted Answer

A)  Let the master answer. 
B)  Let the servant answer. 
C)  Let the servant or master answer. 
D)  The master was negligent. 
A)  Let the master answer. 
B)  Let the servant answer. 
C)  Let the servant or master answer. 
D)  The master was negligent.

Question 12

Trespass may occur below the surface of land.

Accepted Answer

A) True 
 B)False

Question 13

Under the doctrine of __________,the plaintiff's negligence is an absolute bar to recovery against the defendant.

Accepted Answer

A)  contributory negligence 
B)  comparative negligence 
C)  contribution 
D)  indemnity 
A)  contributory negligence 
B)  comparative negligence 
C)  contribution 
D)  indemnity

Question 14

The U.S.Supreme Court has held that in order for a public official or public figure to recover damages for defamation by a media defendant,there must be a showing of

Accepted Answer

A)  intent. 
B)  negligence. 
C)  actual malice. 
D)  invasion of privacy. 
A)  intent. 
B)  negligence. 
C)  actual malice. 
D)  invasion of privacy.

Question 15

A court order prohibiting a defendant from continuing a certain activity would be called a(n)

Accepted Answer

A)  injunction. 
B)  indictment. 
C)  edict. 
D)  due care order. 
A)  injunction. 
B)  indictment. 
C)  edict. 
D)  due care order.

Question 16

Intentional torts require the plaintiff to prove actual or implied intent.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is subject to successor liability?

Accepted Answer

A)  A defendant who is the second person to physically harm an individual during an incident 
B)  A defendant who stands guard at the door while a victim is falsely imprisoned 
C)  A defendant who is a subsequent owner of a company held liable for producing a faulty product 
D)  A defendant who sells personal information about clients to a business's competitor 
A)  A defendant who is the second person to physically harm an individual during an incident 
B)  A defendant who stands guard at the door while a victim is falsely imprisoned 
C)  A defendant who is a subsequent owner of a company held liable for producing a faulty product 
D)  A defendant who sells personal information about clients to a business's competitor

Question 18

Which of the following is true regarding assault?

Accepted Answer

A)  Assault is an intentional,nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent. 
B)  Assault is an intentional,nonconsensual act of offensive contact. 
C)  Assault is a negligent,nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent. 
D)  Assault is a negligent,nonconsensual act of harmful or offensive contact. 
A)  Assault is an intentional,nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent. 
B)  Assault is an intentional,nonconsensual act of offensive contact. 
C)  Assault is a negligent,nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent. 
D)  Assault is a negligent,nonconsensual act of harmful or offensive contact.

Question 19

Which of the following is not a part of the measure of compensatory damages?

Accepted Answer

A)  The cost to repair or replace an item 
B)  The decrease in market value of an item 
C)  Compensation for medical expenses 
D)  Damages to deter others from engaging in similar conduct 
A)  The cost to repair or replace an item 
B)  The decrease in market value of an item 
C)  Compensation for medical expenses 
D)  Damages to deter others from engaging in similar conduct

Question 20

Tort damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

Accepted Answer

A) True 
 B)False

Exam 9: Torts and Privacy Protection

Define and differentiate between compensatory damages and punitive damages.

The Federal Trade Commission takes the position that it is an unfair or deceptive trade practice under the Federal Trade Commission Act for firms to fail to honor their own privacy policies.

Intent may be transferred.

Germany requires bystanders to try and help those in danger if trying to help will not put the bystanders at risk.

An intoxicated employee causes an automobile accident after drinking alcohol at a company function.Under what tort can the employer be held liable? (See the Lev v.Beverly Enterprises-Massachusetts,Inc.,case.)

Under the doctrine of __________,the plaintiff may recover only the proportionate amount of damages attributable to the defendant's negligence.

The tort of intentional infliction of emotional distress protects a person's right to peace of mind.

Written defamation is known as

What must a plaintiff show to successfully sue for malicious prosecution?

What does the term respondeat superior mean?

Trespass may occur below the surface of land.

Under the doctrine of __________,the plaintiff's negligence is an absolute bar to recovery against the defendant.

The U.S.Supreme Court has held that in order for a public official or public figure to recover damages for defamation by a media defendant,there must be a showing of

A court order prohibiting a defendant from continuing a certain activity would be called a(n)

Intentional torts require the plaintiff to prove actual or implied intent.

Which of the following is subject to successor liability?

Which of the following is true regarding assault?

Which of the following is not a part of the measure of compensatory damages?

Tort damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

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