Question 1

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 superiorE) A) and D)
F) All of the above

Question 2

Written defamation is known as

Accepted Answer

A)   libel.
B)   slander.
C)   malicious intent.
D)   invasion of privacy.E) None of the above
F) A) and D) A

Question 3

Which of the following was the result in Bodah v.Lakeville Motor Express,Inc.,the case in the text involving whether a company violated its employees' right to privacy by transmitting their names and Social Security numbers to managers in the company in an unsecured manner that could lead to identity theft?

Accepted Answer

A)   The court ruled that publication occurred and that the employees could proceed with a cause of action based on invasion of privacy.
B)   The court ruled that the 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 ruled 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 ruled that the employees could not proceed with an action for invasion of privacy because health information was not involved.E) None of the above
F) A) and C)

Question 4

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 negligentE) None of the above
F) A) and B)

Question 5

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 Alex for committing a battery?

Accepted Answer

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

Question 6

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.E) C) and D)
F) All of the above

Question 7

France 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 8

In which of the following situations would the doctrine of res ipsa loquitur apply?

Accepted Answer

A)   A truck backed into a fence.
B)   A jar of jam fell on your foot.
C)   A post operative x-ray showed a surgical sponge in your stomach.
D)   A door slammed on your foot.E) A) and B)
F) None of the above

Question 9

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

Question 10

A tort is a type of civil or criminal wrong.

Accepted Answer

A) True 
 B)False

Question 11

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.

Accepted Answer

A)   joint and individual liability
B)   cumulative liability
C)   contributory liability
D)   joint and severalE) B) and D)
F) B) and C)

Question 12

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

Accepted Answer

A)   trespass.
B)   nuisance.
C)   ultra hazardous activities.
D)   strict liability.E) A) and B)
F) A) and C)

Question 13

Which of the following is the best defense to negligence?

Accepted Answer

A)   The plaintiff was a friend of the defendant.
B)   The defendant did not intend to harm the plaintiff.
C)   The defendant was concerned for the safety of the plaintiff.
D)   The plaintiff contributed to his own injuries.E) None of the above
F) All of the above

Question 14

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 that gives rise to the fear that a harmful or offensive contact is imminent.
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 that gives rise to the fear that a harmful or offensive contact is imminent.E) A) and B)
F) All of the above

Question 15

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  True

Question 16

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.E) A) and B)
F) A) and C)

Question 17

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)   indemnityE) A) and D)
F) A) and C)

Question 18

Set forth the majority rule in relation to an accountant's liability for negligence to a third party with whom the accountant does not have a contractual relationship as well as the source of the rule.

Accepted Answer

The majority view is set forth in sectio...

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

Which of the following was the result in Labaj v.VanHouten,the case in the text involving whether in order to find an employer negligent for failing to protect an employee from being attacked by a dog,the dog had to have abnormally dangerous propensities?

Accepted Answer

A)   That an employer had no duties in regard to an animal on the premises because of the rule that animals cannot be absolutely controlled under any circumstances.
B)   That 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)   That 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)   That 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.E) None of the above
F) A) and B) D

Exam 9: Torts and Privacy protection

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

Correct Answer
verified

Written defamation is known as

Correct Answer
verified
A

Correct Answer
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What does the term respondeat superior mean?

Correct Answer
verified

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

Correct Answer
verified

In which of the following situations would the doctrine of res ipsa loquitur apply?

Correct Answer
verified

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.

Correct Answer
verified

A tort is a type of civil or criminal wrong.

Correct Answer
verified

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.

Correct Answer
verified

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

Correct Answer
verified

Which of the following is the best defense to negligence?

Correct Answer
verified

Which of the following is true regarding assault?

Correct Answer
verified

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.

Correct Answer
verified
True

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

Correct Answer
verified

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

Correct Answer
verified

Set forth the majority rule in relation to an accountant's liability for negligence to a third party with whom the accountant does not have a contractual relationship as well as the source of the rule.

Correct Answer
verified
The majority view is set forth in sectio...
View Answer

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

Correct Answer
verified

Which of the following was the result in Labaj v.VanHouten,the case in the text involving whether in order to find an employer negligent for failing to protect an employee from being attacked by a dog,the dog had to have abnormally dangerous propensities?

Correct Answer
verified
D

Exam 9: Torts and Privacy protection

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

Correct AnswerverifiedShow Answer

Written defamation is known as

Correct AnswerverifiedA

Correct AnswerverifiedShow Answer

What does the term respondeat superior mean?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In which of the following situations would the doctrine of res ipsa loquitur apply?

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

A tort is a type of civil or criminal wrong.

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

Correct AnswerverifiedShow Answer

Which of the following is the best defense to negligence?

Correct AnswerverifiedShow Answer

Which of the following is true regarding assault?

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedTrue

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Set forth the majority rule in relation to an accountant's liability for negligence to a third party with whom the accountant does not have a contractual relationship as well as the source of the rule.

Correct AnswerverifiedThe majority view is set forth in sectio...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following was the result in Labaj v.VanHouten,the case in the text involving whether in order to find an employer negligent for failing to protect an employee from being attacked by a dog,the dog had to have abnormally dangerous propensities?

Correct AnswerverifiedD

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A

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True

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The majority view is set forth in sectio...
View Answer

Correct Answer
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Correct Answer
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D