Exam 9: Torts and Privacy Protection

Under the doctrine of __________ liability,once the court determines that multiple defendants are at fault,the plaintiff may collect the entire judgment from any one of them,regardless of the degree of that defendant's fault.

Billie,a student at State University,needed a way to get some cash quickly and so took a photograph of State University's star athlete,Morgan,and started selling jerseys with Morgan's photograph on the back under the caption of "So Hot." Morgan wants to sue for defamation and asks you about the chances of winning on a defamation claim and if there is anything else under which a suit could be brought.Discuss the elements of the legal theories involved and what you should tell Morgan.

Assumption of risk is a defense to the tort of negligence.

A professional athlete injured during practice is deemed to have consented to the physical contact attendant to practice.

Based on the text,if employees sue a company who transmits their names and Social Security numbers to managers in the company in an unsecured manner,how might a court rule? (See the Bodah v.Lakeville Motor Express,Inc.case.)

The Smiths are landscaping their backyard to include a Jacuzzi,outdoor covered bar with appliances,and fountain waterfall.The construction workers have left a small backhoe and other equipment over the weekend.No fences were erected around the equipment and unfinished work.Several neighbor children were climbing on piles of dirt and stones.While jumping from one pile to another,one child fell and suffered a broken leg.The parents of this child could sue for compensation of medical expenses under _____ even though the children had been trespassing.

A tort is a type of civil or criminal wrong.

A postoperative x-ray shows a surgical sponge left in a patient's stomach.Liability in this case is established by:

CASE 9.1,Kubert v.Best (2013)examined the question of whether a third party who was not present,but was __________ the driver of the car who hit the plaintiff,had __________ the person who was injured.

In most states shopkeepers who detain and later release a shoplifter may be held liable for false imprisonment even if the detention was reasonable and based on reasonable cause.

Perry attempted to hit Bailey without good cause; but Bailey ducked,and Perry hit Adrian instead.Adrian had been looking the other way and did not see it coming and was shocked when the blow landed.Which of the following is true regarding the cause of action,if any,Adrian would have against Perry?

All but three states have enacted some type of medical tort reform,which generally caps the amount of noneconomic damages an injured plaintiff can recover in a lawsuit.

The tort of conversion requires that the defendant know that the goods belonged to the plaintiff.

Spoken defamation is known as

The Health Insurance Portability and Accountability Act of 1996 is better known as _____ and is meant to _____.

Which of the following is a provision under the federal Fair and Accurate Credit Transactions Act of 2003?

Which of the following is the best defense to negligence?

Blastco is an expert demolition company.During the process of leveling some land,Blastco fell behind in its schedule and used twice the normal amount of dynamite to blast some hills.When a charge exploded,the blast broke several of the windows in Reese's home.Reese lives near the blast site.What theory or theories may Reese use to recover damages from Blastco? Discuss fully.