Quiz 2

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Question #1

Assumption of risk is a defense against negligence that can be used when the plaintiff was un-aware of a danger and involuntarily assumed the risk of injury from that danger

A TRUE

B FALSE

Question #2

“Tort tax” as discussed in class is said to be the result of too many cases clogging the courts and that tort reform could be needed.

A FALSE

B TRUE

Question #3

Defamation liability requires publication of a defamatory statement which is false and purports to represent opinion and not fact.

A TRUE

B FALSE

Question #4

Courts are very likely to award Punitive Damages for most actions won by Plaintiff.

A FALSE

B TRUE

Question #5

To successfully bring an action under the doctrine of Invasion of Privacy, the wronged party must have an unreasonable expectation of privacy and the invasion must be highly offensive.

A FALSE

B TRUE

Question #6

The following items are the elements of a successful negligence action:

A Duty, Contract, Breach, Damages.

B Duty to help only those in need

C Duty, Action, Breach, Damages

D Duty, Breach, Causation, Damages.

Question #7

Under the tort doctrine of strict liability, liability is:

A possible for owners of wild animals if they escape

B based on negligence

C based on fault.

D only for intended wrongful acts

E based on extreme fault

Question #8

In a state that has adopted the comparative negligence doctrine, a jury finds that Bill is 35 percent liable for his own injuries in a negligence suit Bill brings against Tina. In this situation, Bill will recover:

A 100 percent of the damages he seeks from Tina.

B 65 percent of the damages he seeks from Tina

C nothing at all from Tina.

D 50 percent of the damages he seeks from Tina.

Question #9

In which of the following scenarios would Tina be liable for the tort of negligence?

A Tina breaks into her high school and alters her grades.

B without warning, Tina suffers a heart attack while driving and slams into another car.

C Tina dunks a basketball and, because of a structural defect, the backboard crashes down and injures her teammate

D Tina takes cold medication that warns of drowsiness as a possible side effect. She subsequently falls asleep while driving and injures another driver

E Tina tries to hit her professor with a rock, but misses and hits another student instead.

Question #10

The landmark case discussed in class that established the “foreseeability” test for proximate cause, which asks if the connection between the act and injury is strong enough to impose liability was:

A Martin v. Wal-Mart Stores, Inc.

B Palsgraf v. Long Island Railroad Co.

C Wickard v. Filburn.

D Mathis v. Liu.

Question #11

Dweeb, in a hurry to get to his business law class on time, backs out of his driveway without taking the usual care and accidentally runs into Poindexter’s 2009 Toyota Camry, causing $3,500 worth of damage to Poindexter’s car. Dweeb has committed which tort?

A Invasion of privacy

B Negligence

C Reckless Endangerment while driving drunk

D slander

Question #12

Which of the following DOES NOT constitute trespass to land?

A Without permission, you tunnel under your neighbor’s land.

B With permission, you walk across your neighbor’s land.

C Without permission, your neighbor sets up a vegetable stand on your land.

D Without permission you let your dog poop on the neighbor’s land

E Without permission you shoot an arrow across your neighbor’s land.

Question #13

Torts committed against property include

A libel

B conversion

C defamation

D slander

Question #14

If someone uses a great picture of you to sell peanut butter and fails to get your consent to do this, you may be able to sue for:

A defamation

B commercial appropriation

C battery

D attractive nuisance

Question #15

If Sam threatens Jill with a gun but doesn’t, in fact, shoot her, Jill may have a strong case to sue for ________ if she honestly believed that Sam could hurt her.

A criminal mischief

B battery

C assault

D assault and battery

Question #16

The basic purpose of tort law is to

A punish criminal wrongdoers

B make sure citizens follow proper tort dessert recipes

C make sure congress stays in line

D provide remedies for loss or injury due to another’s wrongful acts

Question #17

With respect to business ethics, the “moral minimum” is:

A doing a lot more than is ethically required

B instituting ethical training seminars

C looking the other way when an employee behaves unethically or violates the law

D compliance with the law

Question #18

Which of the following acts requires companies to set up confidential systems so that employees and others may “raise red flags” about suspected illegal and unethical auditing and accounting practices?

A The Enron Espionage Act

B The Litigation of Ethics Act

C The Sarbanes-Oxley Act

D The Private Compliance Act

Question #19

In analyzing Business ethics regarding what constitutes ethical behavior in the business world, in the May v. Chrysler case discussed in class, Chrysler was found to be liable principally because:

A Chrysler did not do enough to stop the harassment

B Chrysler did not pay enough salary to Mr. May

C Chrysler was not found liable and got their award rescinded

D none of the above

Question #20

Ethics may be defined as:

A the study of beliefs in otherworldly beings

B the study of what constitutes right and wrong behavior.

C the study of voluntary exchange

D the study of different ethnic cultures

Question #21

Donita threw a knife at Ms. Pecker, intending to injure her severely. However, Donita missed Pecker and completely scared Ms. Pooper who quickly leaned back as the knife whizzed by her grill (face). This caused extreme anxiety in Pecker and Pooper

A Under the transferred intent doctrine, Donita will be liable for assault against Pecker

B Under the transferred intent doctrine, Donita will be liable for assault to Pooper.

C Donita will be liable for assault and battery against Pooper and Pecker.

D none of the above

Question #22

Ed lives in Merchantville , a state that has a so-called merchant protection statute (or shopkeeper’s privilege). One day Ed goes to the grocery store to shoplift some steaks for dinner. The owner of the grocery store catches Ed red-handed in the act of shoplifting. He and an employee gently restrain Ed in the back room, feeding him gourmet food and wine until the local sheriff finally shows up three days later. If Ed sues the grocer for the tort of false imprisonment, he will win if he can prove that

A the steaks were not fresh.

B grocer had no authority from sherriff to hold him

C gourmet food was bad so it was ok to hold Ed

D the grocer detained him for an unreasonable time after reasonably suspecting him of shoplifting

Question #23

If Bob secretly looks thru a hotel room peephole and takes pictures through a hidden camera, then posts them on the internet for profit, then Bob is liable in tort for:

A invasion of lunacy

B nothing.

C invasion of privacy and invasion of lunacy

D invasion of privacy

Question #24

The policy behind awarding Punitive Damages can include which of the following:

A Dissuading others from doing the same or similar things, awarded when Defendant’s conduct particularly bad, egregious or reprehensible and awarded when Intentional Tort (not negligence usually).

B Awarded when Intentional Tort (not negligence usually).

C Awarded when Defendant’s conduct particularly bad, egregious or reprehensible.

D Dissuading others from doing the same or similar things.

Question #25

To successfully bring an action under the doctrine of Invasion of Privacy, the wronged party must have an reasonable expectation of privacy and the invasion must be highly offensive.

A FALSE

B TRUE

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