Question 1

Fact Pattern 9-3
Alex and Blake got into a heated argument because Alex asked Blake's girlfriend out on a date. Blake decided that he wanted to scare Alex and drew back his fist to hit Alex. He stopped just as he was about to strike Alex in the nose. Alex yelled out, "You didn't scare me. I was ready for a fight!" Later, Alex decides that he would like to sue Blake and asks your advice on issues involving assault and battery.
-Refer to Fact Pattern 9-3.What would you tell Alex regarding whether he should sue Blake for committing an assault?

Accepted Answer

A)  That it appears that the necessary elements are present for him to succeed in an action against Blake for assault so long as he can show apprehension of being struck. 
B)  That he could not win in an action for assault because he admitted that he was not afraid. 
C)  That he could not win in an action for assault because Blake did not actually strike him. 
D)  That he could not win in an action for assault because it appears that Blake's actions were justified.

Question 2

Which of the following is true regarding battery?

Accepted Answer

A)  Battery is the negligent, nonconsensual, harmful or offensive contact with the plaintiff's body or with something in contact with it. 
B)  Battery is the intentional, nonconsensual, harmful or offensive contact with the plaintiff's body or with something in contact with it. 
C)  Battery is the intentional, consensual, harmful or offensive contact with the plaintiff's body or with something in contact with it. 
D)  Battery is the negligent, consensual, harmful or offensive contact with the plaintiff's body or with something in contact with it.

Question 3

Define and explain the theory behind the economic loss rule.

Accepted Answer

The answer of Define and explain the theory behind the...

Question 4

According to the text,can an employer be held liable for negligence when an intoxicated employee causes an automobile accident after drinking alcohol at a company function? (See theLev v.Beverly Enterprises-Massachusetts,Inc.,case.)

Accepted Answer

A)  Yes, an employer can be liable to the plaintiff injured in the accident, based upon the principle of vicarious liability. 
B)  Yes, an employer can be liable to the plaintiff injured in the accident,under an aided-in-the agency theory. 
C)  Yes, the employer can not be liable to the plaintiff injured in the accident,based upon violations of its own alcohol-abuse policy. 
D)  No, the employer is never liable to the plaintiff injured in the accident.

Question 5

According to the text,is an employer negligent for failing to protect an employee from being attacked by a dog,whether or not the dog is known to have abnormally dangerous propensities? (See the Labaj v.VanHouston case.)

Accepted Answer

A)  An employer has no duties in regard to an animal on the premises because of the rule that animals cannot be absolutely controlled under any circumstances. 
B)  An employer can be held strictly liable for failing to protect an employee from getting attached by a dog, even if the dog is not known to possess abnormally dangerous propensities. 
C)  An employer cannot be negligent for failing to protect an employee from getting attached by a dog unless the dog is not known to possess abnormally dangerous propensities. 
D)  An employer can be negligent for failing to protect an employee from getting attached by a dog, even if the dog is not known to possess abnormally dangerous propensities.

Question 6

In the classic case,Palsgraf v.Long Island Railroad (1928)discussed in the text,the court denied Mrs.Palsgraf's claim of negligence on the ground thather injuries were __________,therefore the railroad employee's actions were not __________ of her injuries.

Accepted Answer

A)  not foreseeable, proximate cause 
B)  not foreseeable, actual cause 
C)  the actual cause, representative 
D)  not foreseeable, the intentional factor in the claim

Question 7

The __________ doctrine imposes liability for physical injury to child trespassers caused by artificial conditions on the land.

Accepted Answer

A)  negligence per se 
B)  foreseeable trespasser 
C)  attractive nuisance 
D)  respondeat superior

Question 8

The United States is regarded as providing adequate privacy protection under privacy laws of the European Union.

Accepted Answer

A) True 
 B)False

Question 9

Trespass to personal property and conversion are different names for the same tort.

Accepted Answer

A) True 
 B)False

Question 10

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

Question 11

Bill,a student at State University,needed a way to get some cash quickly.He took a photograph of State University's head cheerleader,Marla,and started selling jerseys with her photograph on the back under the caption of "She's Hot." Marla wants to sue for defamation.She asks you if she could win on a defamation claim and if there is anything else for which she should sue.Discuss the elements of the legal theories involved and what you should tell Marla.

Accepted Answer

The answer of Bill,a student at State University,needed a way...

Question 12

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

Accepted Answer

A)  The court might rule that a publication occurred and that the employees could proceed with a cause of action based on invasion of privacy. 
B)  The court might rule thatthe employees had no right to privacy in relation to distribution of social security numbers because the numbers are issued by the government. 
C)  The court might rule that the employees could not proceed with an action for invasion of privacy because no publication of the information at issue occurred. 
D)  The court might rulethat the employees could not proceed with an action for invasion of privacy because health information was not involved.

Question 13

The tort of false imprisonment requires that the plaintiff either knew he or she was confined or suffered harm as a result of the confinement.

Accepted Answer

A) True 
 B)False

Question 14

Which of the following does NOT involve liability for an intentional tort?

Accepted Answer

A)  A defendant is found liable for battery 
B)  A defendant is found liable for false imprisonment 
C)  A defendant is found liable based on successor liability 
D)  A defendant is found liable for invasion of privacy

Question 15

__________occurs when a __________,such as the name,address,Social Security number,and/or name of the employer,and then uses this information to access the victim's credit.

Accepted Answer

A)  Identify theft,thief steals personal information 
B)  Breach of service, doctor uses patient information 
C)  Intentional infliction of emotional distress, thief steals personal information 
D)  Trespass to chattels,thief steals personal information

Question 16

An employer may not be held directly liable under tort law for the failure to use care in issuing a reference.

Accepted Answer

A) True 
 B)False

Question 17

Fact Pattern 9-1Frank belongs to the same country club as his former physician, Dr. Bozo. Frank recently started dating Dr. Bozo's former wife, Alice, and decided to find a new physician. Frank found out that Dr. Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety. Frank is very angry, confronts Dr. Bozo on the golf course, and tells him that he is going to sue him under a federal law protecting medical information. Dr. Bozo laughs and says in front of a number of Frank's golfing buddies, "I'm not surprised that you're going nuts and that you have high blood pressure-hanging out with Alice has done that to many a man."
-Refer to Fact Pattern 9-1.Is there any federal law prohibiting Dr.Bozo from revealing Frank's medical history?

Accepted Answer

A)  There is no such federal law. 
B)  There is a federal law called the Health Insurance Portability and Accountability Act that prohibits the revelation of private medical information by health care providers. 
C)  There is a federal law called the Gramm-Leach-Bliley Act that prohibits the revelation of private medical information by health care providers. 
D)  There is a federal law called the Physician-Nurse Privacy Act that prohibits the revelation of private medical information by health care providers.

Question 18

In CASE 9.2 Coomer v.Kansas City Royals Baseball Corporation (2014),the defendant argued that the spectator assumed the risk of a "flying hotdog."

Accepted Answer

A) True 
 B)False

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.

Question 20

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

Exam 9: Torts and Privacy Protection.

Which of the following is true regarding battery?

Define and explain the theory behind the economic loss rule.

According to the text,can an employer be held liable for negligence when an intoxicated employee causes an automobile accident after drinking alcohol at a company function? (See theLev v.Beverly Enterprises-Massachusetts,Inc.,case.)

According to the text,is an employer negligent for failing to protect an employee from being attacked by a dog,whether or not the dog is known to have abnormally dangerous propensities? (See the Labaj v.VanHouston case.)

In the classic case,Palsgraf v.Long Island Railroad (1928) discussed in the text,the court denied Mrs.Palsgraf's claim of negligence on the ground thather injuries were ,therefore the railroad employee's actions were not of her injuries.

The __________ doctrine imposes liability for physical injury to child trespassers caused by artificial conditions on the land.

The United States is regarded as providing adequate privacy protection under privacy laws of the European Union.

Trespass to personal property and conversion are different names for the same tort.

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

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

The tort of false imprisonment requires that the plaintiff either knew he or she was confined or suffered harm as a result of the confinement.

Which of the following does NOT involve liability for an intentional tort?

occurs when a ,such as the name,address,Social Security number,and/or name of the employer,and then uses this information to access the victim's credit.

An employer may not be held directly liable under tort law for the failure to use care in issuing a reference.

In CASE 9.2 Coomer v.Kansas City Royals Baseball Corporation (2014),the defendant argued that the spectator assumed the risk of a "flying hotdog."

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

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

Exam 9: Torts and Privacy Protection.

Which of the following is true regarding battery?

Define and explain the theory behind the economic loss rule.

According to the text,can an employer be held liable for negligence when an intoxicated employee causes an automobile accident after drinking alcohol at a company function? (See theLev v.Beverly Enterprises-Massachusetts,Inc.,case.)

According to the text,is an employer negligent for failing to protect an employee from being attacked by a dog,whether or not the dog is known to have abnormally dangerous propensities? (See the Labaj v.VanHouston case.)

In the classic case,Palsgraf v.Long Island Railroad (1928) discussed in the text,the court denied Mrs.Palsgraf's claim of negligence on the ground thather injuries were __________,therefore the railroad employee's actions were not __________ of her injuries.

The __________ doctrine imposes liability for physical injury to child trespassers caused by artificial conditions on the land.

The United States is regarded as providing adequate privacy protection under privacy laws of the European Union.

Trespass to personal property and conversion are different names for the same tort.

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

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

The tort of false imprisonment requires that the plaintiff either knew he or she was confined or suffered harm as a result of the confinement.

Which of the following does NOT involve liability for an intentional tort?

__________occurs when a __________,such as the name,address,Social Security number,and/or name of the employer,and then uses this information to access the victim's credit.

An employer may not be held directly liable under tort law for the failure to use care in issuing a reference.

In CASE 9.2 Coomer v.Kansas City Royals Baseball Corporation (2014),the defendant argued that the spectator assumed the risk of a "flying hotdog."

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

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

In the classic case,Palsgraf v.Long Island Railroad (1928) discussed in the text,the court denied Mrs.Palsgraf's claim of negligence on the ground thather injuries were ,therefore the railroad employee's actions were not of her injuries.

occurs when a ,such as the name,address,Social Security number,and/or name of the employer,and then uses this information to access the victim's credit.