Question 1

Krista,the Director of Sales at Trein,Inc.,had supervised Rex's work for eight years.Rex applied for a job at E-presto,Inc.E-presto called Krista for a recommendation.In giving the recommendation,Krista will be protected from a claim of defamation by a qualified privilege provided she acts in good faith.

Accepted Answer

A) True 
 B)False

Question 2

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Accepted Answer

A) True 
 B)False

Question 3

Eduardo's Pizzas,Inc.hired Bill to make home deliveries.During one delivery,bill found Martina home alone and attacked her.May Eduardo be held liable?

Accepted Answer

A)  Yes, for negligent hiring provided it failed to check Bill's references and criminal records and to contact his former employers to see if there had been any past problems with his behavior.
B)  Yes, but only if Bill had demonstrated threatening behavior since Eduardo hired him.
C)  No, as employers may not be held liable for their employees' criminal conduct.
D)  Yes, for strict liability to any harm its employees cause while acting in the scope of their employment.E) A) and D)
F) B) and C)

Question 4

Which of the following is a valid defense to a defamation claim?

Accepted Answer

A)  The statement was true.
B)  The statement was only an opinion.
C)  The person making the statement made it only to the plaintiff, not to any third parties.
D)  All of the above.E) C) and D)
F) A) and C)

Question 5

Mavrex,Inc.received an application from Larry and,since his written qualifications seemed to meet a pressing current need,they hired him without checking his references or prior records.Actually,Larry had been in prison for murder several years earlier.Tom,a long-time Mavrex employee,angered Larry when Tom tried to tell Larry how to do his job.Larry attacked and injured Tom.If Tom sues Mavrex,what would his cause of action be,and what elements would Tom need to prove to win his case?

Accepted Answer

tom's cause of action would be negligent...

Question 6

Don was standing in a cafeteria line holding a plate.Tim was upset with Don.Tim turned Don around and grabbed the plate out of Don's hand.Tim then held the plate up and threatened to break it over Don's head.Tim has committed:

Accepted Answer

A)  a battery, but not an assault.
B)  an assault, but not a battery.
C)  both an assault and a battery.
D)  neither an assault nor a battery.E) C) and D)
F) A) and D)

Question 7

In the Exxon Valdez case,the Supreme Court:

Accepted Answer

A)  refused to place a limit on punitive awards.
B)  stated that punitive damages cannot be awarded in oil spill cases.
C)  approved the jury's compensatory award, but reduced the punitive award from $5 billion to $507 million.
D)  interpreted a state statute limiting punitive awards and found punitive damages should be no more than three times the award for compensatory damages.E) A) and B)
F) A) and D)

Question 8

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,she will need to show that:

Accepted Answer

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

Question 9

In the case of Texaco v.Pennzoil,the plaintiff,Pennzoil,claimed that Texaco:

Accepted Answer

A)  was liable for libel.
B)  had interfered with a prospective advantage.
C)  had defamed its company's reputation with malicious and misleading advertising.
D)  had interfered with a contractual relationship.E) A) and C)
F) B) and D)

Question 10

Becky,a three-year-old child,was seriously injured when she stuck her fingers into an electrical outlet.Her parents sued the restaurant where the incident occurred,claiming it should have had child protective guards on the outlets.Which of the following statements is true:

Accepted Answer

A)  the restaurant is liable based on the doctrine of strict liability.
B)  the restaurant is liable based on the doctrine of res ipsa loquitur.
C)  the restaurant is liable if the incident was reasonably foreseeable.
D)  the restaurant is not liable as the child should have been under her parents' supervision at all times.E) A) and B)
F) B) and D)

Question 11

In a negligence case,the plaintiff must establish:

Accepted Answer

A)  duty, strict liability, causation, and injury.
B)  mens rea, breach, foreseeable harm, and injury.
C)  duty, actus reus, foreseeable harm, and causation.
D)  duty of due care, breach, causation, foreseeable harm, and injury.E) B) and C)
F) A) and B)

Question 12

In order for a plaintiff to prevail in a suit for slander,the plaintiff generally must prove some injury.

Accepted Answer

A) True 
 B)False

Question 13

Luke decided to play a practical joke on Laura,a co-worker.He called her pretending he was working for Northside Hospital.He told her that her husband was severely bitten by a raccoon.Laura was very worried and began to cry.When she asked if her husband could have been infected with rabies,Luke burst out laughing.She recognized his voice and didn't think it was funny.Can Laura sue Luke for the tort of intentional infliction of emotional distress?

Accepted Answer

A)  No, since he was only playing a practical joke.
B)  Yes, but only if Adam intended to cause Linda serious emotional distress.
C)  Yes, as his extreme and outrageous conduct was intentional.
D)  No, since Linda was not physically hurt by Adam.E) A) and D)
F) A) and B)

Question 14

An Internet service provider may not be held liable for defamation based on a posting on its bulletin board.

Accepted Answer

A) True 
 B)False  True

Question 15

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

Accepted Answer

A) True 
 B)False  False

Question 16

Rick sold an air conditioner to Vivian,telling her it would easily cool a 400-square-foot room,even though he knew its effective cooling capacity was about 200 square feet.Rick is liable for the intentional tort of fraud.

Accepted Answer

A) True 
 B)False

Question 17

The elements in a defamation case are:

Accepted Answer

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

Question 18

A business will incur strict liability for damages resulting from:

Accepted Answer

A)  using harmful chemicals.
B)  operating explosives.
C)  bringing dangerous substances onto property.
D)  a defective product manufactured or sold by the business.
E)  All of the above.F) C) and D)
G) A) and D)

Question 19

Identify and discuss two specific causes of action a plaintiff can allege that deal specifically with privacy rights.

Accepted Answer

two causes of action under the general umbrella of privacy are intrusion and commercial exploitation.Intrusion,such as peeping through someone's windows or wiretapping a telephone,is a tort if a reasonable person would find it offensive. the tort of commercial exploitation occurs if someone's likeness or voice is used for commercial purposes without permission.

Question 20

A salesclerk at Manny's Record Store observed a customer look at a classic heavy metal LP from the 1970s and discretely put it in her backpack.Manny's can detain the customer for suspicion of shoplifting without being held liable for false imprisonment.

Accepted Answer

A) True 
 B)False

Exam 6: Torts

Correct Answer
verified

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Correct Answer
verified

Eduardo's Pizzas,Inc.hired Bill to make home deliveries.During one delivery,bill found Martina home alone and attacked her.May Eduardo be held liable?

Correct Answer
verified

Which of the following is a valid defense to a defamation claim?

Correct Answer
verified

Correct Answer
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tom's cause of action would be negligent...
View Answer

Don was standing in a cafeteria line holding a plate.Tim was upset with Don.Tim turned Don around and grabbed the plate out of Don's hand.Tim then held the plate up and threatened to break it over Don's head.Tim has committed:

Correct Answer
verified

In the Exxon Valdez case,the Supreme Court:

Correct Answer
verified

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,she will need to show that:

Correct Answer
verified

In the case of Texaco v.Pennzoil,the plaintiff,Pennzoil,claimed that Texaco:

Correct Answer
verified

Becky,a three-year-old child,was seriously injured when she stuck her fingers into an electrical outlet.Her parents sued the restaurant where the incident occurred,claiming it should have had child protective guards on the outlets.Which of the following statements is true:

Correct Answer
verified

In a negligence case,the plaintiff must establish:

Correct Answer
verified

In order for a plaintiff to prevail in a suit for slander,the plaintiff generally must prove some injury.

Correct Answer
verified

Correct Answer
verified

An Internet service provider may not be held liable for defamation based on a posting on its bulletin board.

Correct Answer
verified
True

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

Correct Answer
verified
False

Rick sold an air conditioner to Vivian,telling her it would easily cool a 400-square-foot room,even though he knew its effective cooling capacity was about 200 square feet.Rick is liable for the intentional tort of fraud.

Correct Answer
verified

The elements in a defamation case are:

Correct Answer
verified

A business will incur strict liability for damages resulting from:

Correct Answer
verified

Identify and discuss two specific causes of action a plaintiff can allege that deal specifically with privacy rights.

A salesclerk at Manny's Record Store observed a customer look at a classic heavy metal LP from the 1970s and discretely put it in her backpack.Manny's can detain the customer for suspicion of shoplifting without being held liable for false imprisonment.

Correct Answer
verified

Exam 6: Torts

Correct AnswerverifiedShow Answer

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Correct AnswerverifiedShow Answer

Eduardo's Pizzas,Inc.hired Bill to make home deliveries.During one delivery,bill found Martina home alone and attacked her.May Eduardo be held liable?

Correct AnswerverifiedShow Answer

Which of the following is a valid defense to a defamation claim?

Correct AnswerverifiedShow Answer

Correct Answerverifiedtom's cause of action would be negligent...View AnswerShow Answer

Don was standing in a cafeteria line holding a plate.Tim was upset with Don.Tim turned Don around and grabbed the plate out of Don's hand.Tim then held the plate up and threatened to break it over Don's head.Tim has committed:

Correct AnswerverifiedShow Answer

In the Exxon Valdez case,the Supreme Court:

Correct AnswerverifiedShow Answer

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,she will need to show that:

Correct AnswerverifiedShow Answer

In the case of Texaco v.Pennzoil,the plaintiff,Pennzoil,claimed that Texaco:

Correct AnswerverifiedShow Answer

Becky,a three-year-old child,was seriously injured when she stuck her fingers into an electrical outlet.Her parents sued the restaurant where the incident occurred,claiming it should have had child protective guards on the outlets.Which of the following statements is true:

Correct AnswerverifiedShow Answer

In a negligence case,the plaintiff must establish:

Correct AnswerverifiedShow Answer

In order for a plaintiff to prevail in a suit for slander,the plaintiff generally must prove some injury.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

An Internet service provider may not be held liable for defamation based on a posting on its bulletin board.

Correct AnswerverifiedTrue

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

Correct AnswerverifiedFalse

Rick sold an air conditioner to Vivian,telling her it would easily cool a 400-square-foot room,even though he knew its effective cooling capacity was about 200 square feet.Rick is liable for the intentional tort of fraud.

Correct AnswerverifiedShow Answer

The elements in a defamation case are:

Correct AnswerverifiedShow Answer

A business will incur strict liability for damages resulting from:

Correct AnswerverifiedShow Answer

Identify and discuss two specific causes of action a plaintiff can allege that deal specifically with privacy rights.

A salesclerk at Manny's Record Store observed a customer look at a classic heavy metal LP from the 1970s and discretely put it in her backpack.Manny's can detain the customer for suspicion of shoplifting without being held liable for false imprisonment.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
verified
tom's cause of action would be negligent...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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True

Correct Answer
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False

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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