Question 1

Sam had just finished a great day of skiing as he walked toward the parking lot with his skis over his shoulders.While waiting to cross at a crosswalk,a car's horn honks down the street.He suddenly turns to see where the sound came from,and in doing so his skis swing around and hit Pam in the head,injuring her.Which of the following,if true,would give Sam the best chance of avoiding liability to Pam?

Accepted Answer

A)   Sam did not intend to harm anyone when he turned to see the source of the sound.
B)   The driver of the car violated an anti-noise ordinance in blowing the horn.
C)   Pam had planned to cross the crosswalk as soon as traffic allowed,rather than wait for the "walk" light to indicate that it was safe to do so.
D)   Pam had been walking behind Sam for several hundred yards and had observed that Sam,on several occasions,had nearly struck other persons as he carried his skis.E) C) and D)
F) A) and C)

Question 2

Which of the following best describes the effect of Good Samaritan laws?

Accepted Answer

A)   Medical professionals are obligated to stop and assist persons in need.
B)   Medical professionals have a lower duty of care to strangers than to their regular patients.
C)   Medical professionals cannot be held liable if they cause injury to someone they provide medical care to in an emergency.
D)   Someone injured by a medical professional who is providing emergency medical care at the scene of an accident cannot recover if the injury was due to ordinary negligence.E) B) and C)
F) C) and D)

Question 3

Punitive damages can be recovered in strict liability and intentional tort cases.

Accepted Answer

A) True 
 B)False

Question 4

The tort of assault differs from the tort of battery in which of the following ways?

Accepted Answer

A)   Assault is an intentional tort and battery relates to negligence.
B)   Assault is a strict liability tort.
C)   Assault requires the plaintiff to show that he or she was aware of the immediate danger.
D)   Assault requires proof of each of the separate elements of negligence.
E)   Assault claims may be brought on future threats,whereas battery claims may not.F) D) and E)
G) C) and E)

Question 5

The legal effect of the presence of a superseding event is that:

Accepted Answer

A)   the defendant is not liable even if the plaintiff has proved all the elements of negligence
B)   the plaintiff and defendant will share liability
C)   the burden of proof shifts from the plaintiff to the defendant
D)   intent must be proven in addition to the elements of negligenceE) C) and D)
F) None of the above

Question 6

Sam,who weighs 250 pounds,calls his 110-pound girlfriend,Alice,one morning while she is at work.He says,"You are to stay in your office until midnight.If you come to my house before midnight,I will make you sorry that you did." Assuming that Alice usually leaves her office at 5 p.m.but stays until midnight that night because of the threat,if Alice files a false imprisonment case against Sam,a court most likely will find which of the following?

Accepted Answer

A)   There was false imprisonment because Sam's threat forced Alice to stay in the office.
B)   There was no false imprisonment because Sam and Alice previously knew one another.
C)   There was no false imprisonment because Alice could have left the office and stayed away from Sam's house,and because the threat related to future harm.
D)   There was no false imprisonment because Alice's office was not a prison,even though it might feel like one to Alice.E) A) and B)
F) C) and D)

Question 7

Assumption of the risk,if present,prevents a plaintiff from recovering for negligence even if the plaintiff has proven all the required elements of negligence.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is the best description of misappropriation of the right to publicity?

Accepted Answer

A)   claiming credit for the accomplishments of another
B)   publishing the creative work of another and claiming that it is yours
C)   publicly claiming to have accomplished something that you have not accomplished
D)   attempting to use another living person's name or identity for commercial purposes without that person's consent
E)   publicizing private information about someone without that person's consentF) A) and E)
G) B) and D)

Question 9

Which of the following is true?

Accepted Answer

A)   Slander and libel are two kinds of defamation.
B)   Defamation and slander are two kinds of libel.
C)   Defamation and libel are two kinds of slander.
D)   Slander and libel are two terms for the same tort,and defamation is a different tort altogether.
E)   Slander,libel,and defamation are three terms with the same meaning.F) B) and D)
G) C) and D)

Question 10

Ray and Rayetta were on a camping vacation in Maine.They had reservations for themselves and their car on a ferry from Bar Harbor,Maine to Nova Scotia.Because they had their two mountain bikes mounted upright on a roof rack on their car,they had to use a special line including motor homes,vans,and other high vehicles.Upon loading onto the ferry,all of these high-profile vehicles used the rightmost of the six parallel lanes on the auto deck of the ferry.When the drivers returned to their cars upon reaching Nova Scotia,they were directed off the ferry by ferry employees.The driver of the motor home immediately in front of their car had not returned by the time all of the cars from other lanes had exited.After waiting for another 10 minutes,one of the ferry employees motioned Ray and Rayetta to turn to the left into the next lane rather than wait for the motor home to move.Ray and Rayetta followed the employee's hand signals,but unfortunately their bikes struck a low clearance pipe and the frames of both bikes were destroyed.Discuss the issues and outcome of their lawsuit against the ferry company.

Accepted Answer

They could fairly easily prove the five ...

Question 11

Which of the following is true about the case against McDonald's for serving very hot coffee?

Accepted Answer

A)   The plaintiff was burned while driving her car.
B)   McDonald's coffee was found to be the same temperature as that served by its competitors.
C)   McDonald's had turned down a pretrial offer of settlement which was much lower than the amount awarded by the jury.
D)   McDonald's paid the amount to the plaintiff that the jury awarded.E) A) and D)
F) All of the above

Question 12

Physical contact is not necessary to be liable for the tort of assault.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following is true about a malicious prosecution case?

Accepted Answer

A)   The claim must be against a government agency for wrongfully bringing a criminal action.
B)   Most victorious defendants are able to prove the elements of a malicious prosecution claim.
C)   The plaintiff must prove that there were false statements made by the other party at the original trial that injured the plaintiff's reputation.
D)   The plaintiff must prove that the original lawsuit was brought with malice.
E)   The plaintiff must prove that there were statements made by the other party at the original trial that invaded the plaintiff's privacy.F) D) and E)
G) A) and D)

Question 14

Sandy lives on the top floor of a 10-story building in a big city.There is a 30-story apartment building under construction next door to her building.One morning while eating her corn flakes,a brand new toilet comes crashing through the roof of Sandy's apartment and injures her.She would like to sue the construction firm,but has no way of finding out or proving what persons were involved or exactly what happened.The doctrine that would most help Sandy is:

Accepted Answer

A)   last clear chance
B)   res ipsa loquitur
C)   strict liability
D)   comparative negligence
E)   negligence per seF) A) and B)
G) A) and C)

Question 15

Which of the following is not one of the general categories of torts?

Accepted Answer

A)   strict liability
B)   rational
C)   negligence
D)   intentionalE) B) and C)
F) C) and D)

Question 16

Taking pictures on an all-phone camera in a men's or women's locker room of a celebrity and then selling them may give rise to a cause of action based on appropriation.

Accepted Answer

A) True 
 B)False

Question 17

For which of the following torts are the general requirements for the plaintiff's case dependent on whether or not the plaintiff is a public figure?

Accepted Answer

A)   defamation
B)   invasion of the right to privacy
C)   intentional infliction of emotional distress
D)   both A and B
E)   A,B,and CF) C) and D)
G) A) and B)

Question 18

Assuming that statutory requirements are met,what is protected under merchant protection statutes?

Accepted Answer

A)   Merchants are protected from the intentional torts of their customers.
B)   Merchants are protected from product disparagement claims of their competitors.
C)   Merchants are protected from product disparagement claims of their suppliers.
D)   Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting.
E)   Customers are protected from the negligent conduct of merchants.F) B) and C)
G) A) and E)

Question 19

Product disparagement differs from defamation of a nonpublic figure in that:

Accepted Answer

A)   intent is required for the disparagement case,but not in the defamation case
B)   intent is required for the defamation case,but not in the disparagement case
C)   publication to a third party is required in the disparagement case,but not in the defamation case
D)   publication to a third party is required in the defamation case,but not in the disparagement case
E)   both A and DF) A) and D)
G) B) and C)

Question 20

A plaintiff wants to sue on a negligence tort,but knows that he was partly as fault.Which of the following is true?

Accepted Answer

A)   A state applying contributory negligence will allow the plaintiff to recover so long as his fault is minor.
B)   The plaintiff will have to elect whether to sue under comparative or contributory negligence.
C)   Because the plaintiff is partly at fault,he will not be able to recover under either comparative or contributory negligence.
D)   If the plaintiff's fault is only 5 percent,his recovery will be the same under either pure or partial comparative negligence.
E)   In all circumstances the plaintiff will recover more under pure comparative negligence than under partial comparative negligence.F) A) and E)
G) C) and E)

Exam 5: Intentional Torts and Negligence

The tort of assault differs from the tort of battery in which of the following ways?

Correct Answer
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Correct Answer
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They could fairly easily prove the five ...
View Answer

Correct Answer
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Punitive damages can be recovered in strict liability and intentional tort cases.

Correct Answer
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Assumption of the risk,if present,prevents a plaintiff from recovering for negligence even if the plaintiff has proven all the required elements of negligence.

Correct Answer
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Physical contact is not necessary to be liable for the tort of assault.

Correct Answer
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Which of the following is not one of the general categories of torts?

Correct Answer
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Which of the following is the best description of misappropriation of the right to publicity?

Correct Answer
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Product disparagement differs from defamation of a nonpublic figure in that:

Correct Answer
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Which of the following best describes the effect of Good Samaritan laws?

Correct Answer
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Correct Answer
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Which of the following is true about the case against McDonald's for serving very hot coffee?

Correct Answer
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Assuming that statutory requirements are met,what is protected under merchant protection statutes?

Correct Answer
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Taking pictures on an all-phone camera in a men's or women's locker room of a celebrity and then selling them may give rise to a cause of action based on appropriation.

Correct Answer
verified

The legal effect of the presence of a superseding event is that:

Correct Answer
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Correct Answer
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Which of the following is true about a malicious prosecution case?

Correct Answer
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Which of the following is true?

Correct Answer
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A plaintiff wants to sue on a negligence tort,but knows that he was partly as fault.Which of the following is true?

Correct Answer
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For which of the following torts are the general requirements for the plaintiff's case dependent on whether or not the plaintiff is a public figure?

Correct Answer
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Exam 5: Intentional Torts and Negligence

The tort of assault differs from the tort of battery in which of the following ways?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedThey could fairly easily prove the five ...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Punitive damages can be recovered in strict liability and intentional tort cases.

Correct AnswerverifiedShow Answer

Assumption of the risk,if present,prevents a plaintiff from recovering for negligence even if the plaintiff has proven all the required elements of negligence.

Correct AnswerverifiedShow Answer

Physical contact is not necessary to be liable for the tort of assault.

Correct AnswerverifiedShow Answer

Which of the following is not one of the general categories of torts?

Correct AnswerverifiedShow Answer

Which of the following is the best description of misappropriation of the right to publicity?

Correct AnswerverifiedShow Answer

Product disparagement differs from defamation of a nonpublic figure in that:

Correct AnswerverifiedShow Answer

Which of the following best describes the effect of Good Samaritan laws?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is true about the case against McDonald's for serving very hot coffee?

Correct AnswerverifiedShow Answer

Assuming that statutory requirements are met,what is protected under merchant protection statutes?

Correct AnswerverifiedShow Answer

Taking pictures on an all-phone camera in a men's or women's locker room of a celebrity and then selling them may give rise to a cause of action based on appropriation.

Correct AnswerverifiedShow Answer

The legal effect of the presence of a superseding event is that:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is true about a malicious prosecution case?

Correct AnswerverifiedShow Answer

Which of the following is true?

Correct AnswerverifiedShow Answer

A plaintiff wants to sue on a negligence tort,but knows that he was partly as fault.Which of the following is true?

Correct AnswerverifiedShow Answer

For which of the following torts are the general requirements for the plaintiff's case dependent on whether or not the plaintiff is a public figure?

Correct AnswerverifiedShow Answer

Correct Answer
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They could fairly easily prove the five ...
View Answer

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