b-law final revie pt. 1

bodily contact that is harmful or offensive can give rise to the tort of:

battery

Sam is George's agent. George decides to fire Sam. Mel is an old customer of George's and he has dealt on credit with Sam for over twenty years. Ellie is a prospective customer that Sam has spoken with on numerous occasions in his capacity as George's agent, and George was aware of the preliminary negotiations. Mel orders goods from Sam after Sam has been fired but Mel has no knowledge of the firing. Later, Sam takes an order from Ellie. Under the Second Restatement, if George does not give notice of the firing, George will:

be liable for the contract with Mel.

A decision of the U.S. Supreme Court on a federal question is:

binding on all federal and state courts.

If an agent, at his principal's direction, fixes prices with the principal's competitors

both the principal and agent are criminally liable.

ranco has the permission of George to walk across his yard on the way to school. If Franco brings twenty of his friends across the yard, and they stop to play ball:

Franco and his friends are guilty of trespass to real property, because they played ball in George's yard.

Gaines delivers a chair for Jasper Furniture and, before he goes back to the store, he goes 15 miles out of the way to visit a friend. On the way, he negligently runs a stop sign and hits Rick. Who can be held liable for the accident, and why?

Gaines since his negligence caused the accident. Gaines, but not Jasper Furniture, since Gaines had deviated from the purpose of his employment.

motion for a directed verdict

If the judge denies a __________, then the defendant has the opportunity to present witnesses. However, if the judge grants the motion, then the judge takes the case away from the jury and enters a judgment for the party making the motion.

Which of the following is correct with regard to the doctrine of respondeat superior?

It is a form of liability without fault. The liability of the principal under the doctrine is vicarious and depends upon proof of wrongdoing by the employee within the course of his employment.

Which of the following is correct with respect to the reasonable person standard?

It makes allowance for physical disability. It applies an individualized test to children that takes into consideration the child's age, intelligence, and experience.

arbitration

Jessup and Lange are having a dispute regarding some property. They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise. The best form of dispute resolution for their problem

In which of the following situations would a court be likely to find an affirmative duty to act?

Where an airline attendant sees one passenger threaten another passenger.

special verdict

With a __________ the jury makes specific written findings on each factual issue, and the judge then applies the law to these findings

Patent and Trademark Office.

The U.S. Court of Appeals for the Federal Circuit reviews decisions of which of the following?

Subject matter

__________ jurisdiction refers to the authority of a particular court to judge a controversy of a particular kind.

default judgment

a judgment against a defendant who fails to respond to a complaint.

Mark threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office. Mark:

can be sued by the secretary for her injuries based on an intentional tort cause of action because Mark's intent to harm the agent is transferred to the secretary.

The nonbinding, informal process in which a third party is selected by the disputing parties to attempt to help them reach a mutually acceptable agreement is known as:

conciliation

The tort of __________ is a false communication, which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

defamation

Apparent authority:

depends on the principal's manifestations to the third party.

Pedro would have to ratify the deal to get the benefit of the contract.

depends primarily on whether Jeff is an employee or independent contractor.

An agent is not normally liable on a contract he makes with a third party on behalf of a(n):

disclosed principal.

The reasonable person standard is:

external and objective.

Harms or injuries that are tortious may be inflicted:

intentionally negligently. without fault.

Appellate judges can reverse a decision of the trial court:

only where there was a prejudicial error that substantially affected the appellant's rights and duties.

writ of execution as used in civil law litigation allows

the plaintiff to demand payment from the defendant of a judgment won in court.

A form of strict liability applies to all except which of the following situations?

Abnormally risky medical procedures.

writ of certiorari.

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals. He would like to have the United States Supreme Court hear the case. One way by which the U.S. Supreme Court may review the case is by:

Intentional harm to the person includes the tort of

Assualt

Which of the following is NOT a special relationship giving rise to a duty to act to aid or protect one in peril?

Aunt and niece.

To rule on a lawsuit, a court must have __________ different types of jurisdiction

Two

Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cornmeal for the chickens. The chickens died and the neighbor sues. What is the likely result?

Cal is liable because spraying pesticides is an abnormally dangerous activity.

Clara is planning to incorporate a new landscaping company, "Evergreen and Growin'." She has held herself out as an agent for Evergreen and has contracted to buy a truck, tools, fertilizer, and seed and also has entered into a lease on behalf of Evergreen for an office. When she fails to get the loan from the bank, she cannot start the business, so she cancels all the contracts. What are the consequences?

Clara may be held personally liable on the contracts because she misrepresented to third parties that she had authority to make contracts on behalf of a non-existent corporation.

Which of the following are pleadings?

Complaint, summons, answer, reply.

Which of the following must the plaintiff prove in an action for negligence

Injury

valid peremptory challenge

Janet is called for jury duty and is selected for possible service on a jury. However, when the defendant's attorney sees her, he notices that she is wearing a green dress. Both the defendant and the defendant's attorney hate green dresses, so they strike her name from the jury

The duty of a possessor of land to persons who come on the land usually depends on whether those persons are:

invitees, trespassers, or licensees.

Generally, State A may exercise "long-arm" jurisdiction over a defendant located in State B if the defendant:

made a contract in State A.

The doctrine of respondeat superior is most often applied in situations involving:

torts of the agent.

Concurrent federal jurisdiction could exist for cases involving

treaties of the United States.

A newspaper article hints that a certain corporation is a front for illegal activity. The corporation:

will likely win a defamation suit if the statement is untrue.

Most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect

with probable cause, in a reasonable manner, and for not more than a reasonable time.

Arnie negligently stopped his car on the highway. Beth, who was driving along, saw Arnie's car in sufficient time to attempt to stop. However, Beth negligently put her foot on the accelerator instead of the brake. If she runs into Arnie's car as a result:

because both parties were negligent, in a state that follows the comparative negligence doctrine, both parties will share the liability for their injuries.

The procedural stage of a lawsuit after the pleadings but before trial is the:

discovery stage.

A(n) __________ is a sudden, unexpected event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit

emergency

Seventeen-year-old Brice has just received his driver's license. He is driving a little too fast one day and slams into the back of another car, which has just stopped for a stop sign. Brice is:

engaging in an adult activity and will be held to the same standard as an adult.

A false communication made with knowledge of its falsity and with the intent to induce another to act is known as:

fraudulent misrepresentation.

Richard writes a letter to Sarah authorizing her to sell his car and sends a copy of the letter to Timothy, a prospective purchaser. The next day, Richard sends a letter to Sarah revoking her authority, but he fails to notify Timothy. Sarah:

has apparent authority with respect to Timothy to sell the car.

Mark, a resident of Illinois, while driving on the freeway, hits Bill, a resident of Wisconsin, and totally destroys Bill's brand new vehicle. Bill may bring suit in federal district

if the amount in controversy is over $75,000.

In an article about a prominent judge, a newspaper indicates that the judge had organized crime connections. The judge sues. The judge will have a cause of action:

if the statement, which was untrue, was made with malice.

Respondeat superior:

imposes vicarious liability on the principal. imposes vicarious liability on the principal.

By law, all apartment buildings in New Jersey must have smoke alarms in the ceilings. Mary suffers smoke inhalation because the smoke alarm in her apartment building was not yet installed. To win a negligence action against the building owner, Mary would have to prove

injury and causation.

Business torts consist of:

interference with contractual relations. disparagement fraudulent misrepresentation.

Francenie was digging a trench to install a drainage pipe along her property line and in the process, she had to tunnel under a small area on her neighbor's property. The entry onto the neighbor's property:

is a trespass.

Ratification:

is equivalent to prior authority.

ameron doesn't like Bradley, so at a cocktail party he spread untrue rumors about Bradley's lifestyle. These rumors harm Bradley's reputation in the community. Cameron

is guilty of libel.

Saul is a sales representative for the Incman Corporation. Saul has a terrible driving record and has had his driver's license revoked, but nevertheless he continues to drive the company car for his job. One day he drives too fast for conditions, goes through a red light, and strikes a pedestrian. The accident happened despite the fact that Saul's supervisor at Incman had repeatedly reprimanded him and advised him to drive more cautiously. Incman:

is liable even though it did not authorize Saul to drive carelessly, because it employed an improper person as its agent.

Henry was burning leaves in his backyard. One of the burning leaves was lifted by the wind into Bob's yard next door. It landed on the lawn mower which exploded, setting fire to the wooden lawn furniture. Henry's best argument against liability to Bob would be

it was not foreseeable that the lawn mower would explode.

When a trial is conducted with a jury, the judge determines issues of __________ and the jury determines questions of __________.

law; fact

A radio communication that meets the test of defamation may also be categorized

libel

Mary's car was parked just outside the east door of the Civic Center. When she tried to exit, three ominous-looking gang members were blocking that door. She called the police, who arrested the three for loitering. If Mary brings suit against them for false imprisonment, she will:

lose if there was another exit she could have used.

State trial courts of general jurisdiction:

may be called county, district, common pleas, or superior courts.

A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if the:

movie star was in a restaurant at the time.

For a ratification to be effective, the principal:

must have knowledge of all material facts concerning the transaction. must have been in existence when the act was done.

If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

negligence per se.

Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding," by prohibiting car owners from leaving the keys in their car if the car is unattended, is likely to be characterized as:

negligence per se.

Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not show to anyone else. Ashley has committed:

neither libel nor slander, because there has been no publication of the letter.

Able and Baker are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Able files a lawsuit in Kansas regarding the land and Baker objects, claiming the Kansas courts have no jurisdiction

the Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property

Harris was awarded $4 million in damages in a malpractice case against Dr. Kelsoe. The doctor's attorney filed a motion for a new trial. The motion may be granted if:

the damages are excessive. the verdict was against the weight of the evidence. the trial was unfair.

Diversity of citizenship exists when:

the plaintiffs are all citizens of a state or states different from the state or states of which the defendants are citizens. . a foreign country brings an action against citizens of the United States. the controversy is between citizens of the United States and citizens of a foreign country.

The local supermarket has a large, glass front door which is well lighted and plainly visible. Nelson, who is new in the neighborhood, mistook the glass for an open doorway and walked into it. If he shattered the door and injured himself:

the store is not liable to Nelson since the door was well lighted and plainly visible.

Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the laundromat. Arnold has committed:

the tort of libel.

The intentional dispossession or unauthorized use of the personal property of another is

trespass to personal property.

Intentional harm to property includes the torts of:

trespass to real and personal property. nuisance conversion.

An agent acts for a(n) __________ principal when the agent appears to be acting on her own behalf and the third person with whom she is dealing has no knowledge that she is an agent.

undisclosed

A principal factor that the courts consider in determining limitations on the causal connection between the defendant's negligence and the plaintiff's injury is:

unforeseeable consequences. superseding causes.

Defenses to an action in strict liability include:

voluntary assumption of risk and in some states comparative negligence.

Under the Second Restatement, except in cases of death or incapacity, or where the performance of an authorized act becomes impossible, actual notice of termination of agency is required to the third party if she is one:

with whom the agent has dealt on credit. to whom the agent has been specially accredited. with whom the agent has begun to deal, as the principal should know.

Which of the following is true with regard to contractual relations between the principal and a third party?

An undisclosed principal and the third party are contractually bound if the agent acts within her actual authority, unless the contract specifies otherwise.

While driving his car five miles over the speed limit, Evan struck Darla, who was jaywalking across the street. When the case came to trial, the jury determined that Evan was 60 percent negligent and that Darla was 40 percent negligent. Darla's injuries are $10,000. If this accident occurred in a state following the comparative negligence theory of recovery:

Darla will recover $6,000.

An agent for a disclosed principal may agree to become liable on a contract between a principal and a third party in all but which of the following way

Disclosing the principal's name and the agency relationship.

Edward is hired to manage Fred's business. Which of the following is NOT true regarding Edward's authority?

Edward can hire employees, but he cannot fire them without Fred's consent.

The federal courts have exclusive jurisdiction over:

Federal criminal prosecutions. trademark and copyright cases.

Garnett, who was driving too fast for conditions, collided with a truck carrying explosives. The truck was unmarked, so Garnett had no way of knowing what it contained. The collision caused an explosion, which shattered glass in a building a block away. The glass injured Ida, who was working inside the building. John, who was walking down the street near the site of the collision, was seriously burned as a result of the explosion.

Garnett's negligent driving is the proximate cause of John's injury.

challenge for cause.

John is called for jury duty and is selected for possible service on a jury. However, when he is questioned by the defendant's attorney before final jury selection, he admits that he thinks the defendant is guilty based on the news reports that he saw on the local television news. If the defendant asks the judge to excuse John from serving on the jury and the judge agrees this is a valid challenge for cause

An undisclosed principal may result in

Liability of the agent for any contract made on behalf of such a principal.

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the middle of the lake. Which of the following is true

Mark MUST help the girl if he begins to rescue her and increases her danger.

Which one of the following is NOT one of the torts included within invasion of privacy?

Nuisance

A significant trend affecting business has been the bringing of defamation suits against former employers by discharged employees. Such suits comprise approximately what share of all defamation lawsuits?

One third.

Unless otherwise agreed, authority to manage a business would include authority to do all but which one of the following?

Open a new branch office.

Quasi in rem jurisdiction.

Patricia has a valid judgment against David. David lives in California, where he owns thousands of acres of beach-front property, unrelated to the judgment. Patricia may execute her judgment in California based on what type of jurisdiction?

Jack was fired by Pedro but decided to try to win back his job as agent by getting a big new contract. He approached Sharon, a new client, and made a pitch to sell Pedro's product. Sharon agreed to buy 100. Jack tells Pedro. What are the legal consequence

Pedro would have to ratify the deal to get the benefit of the contract.

Which of the following are activities that give rise to strict liability?

Performing abnormally dangerous activities. Selling defective, unreasonably dangerous products. Keeping animals.

Which of the following is/are considered in determining the application of the reasonable person standard?

Physical disability. Superior skill or knowledge. Emergency circumstances.

The "discovery" stage of a trial includes

Production of documents. Written interrogatories. Depositions

U.S. Court of Federal Claims

U.S. Court of Federal Claims

A decision of the Supreme Court of Washington would always be binding on:

a state trial court in Washington.

As a general rule:

any defense to an intentional tort is also available in an action for negligence.

Invasion of privacy consists of:

appropriation. intrusion. public disclosure of private facts.

Pat bought a cotton sweater at Ivey's Fashion Store. Sue, the salesperson, told her the sweater was guaranteed not to shrink if washed in cold water by hand. Pat washes the sweater as directed, and it shrinks. Which of the following is correct?

Sue has apparent authority to make warranties such as the one that she made. Therefore, the store is bound.

Which of the following is correct with regard to a contract entered into with a third person by an agent of an undisclosed principal?

The agent is personally liable upon the contract.

Which of the following is true regarding an agent who is acting for an undisclosed principal?

The agent will bind both himself and the principal on most contracts.

Which of the following is not correct regarding the relationship between an independent contractor and a principal?

The contractor is liable under respondeat superior.

award

The decision of an arbitrator

In determining the duty of care owed by a defendant using the reasonable person standard, the court will consider which of the following factors?

The existence of emergency conditions. A physician's training and years of experience.

venue

The legal concept which deals with the location where a lawsuit should be brought

A ninety-year-old patient walked away from a nursing home and wandered onto some nearby railroad tracks. Once on the tracks, the patient stumbled and sprained his ankle. A few minutes later a train approached. The engineer saw the man on the track and could have stopped, but the train's brakes were defective. As a result, the train hit and killed the man. His family is suing the railroad for negligence.

The train had the last clear chance to avoid the accident so, in a state following the contributory negligence rule, the patient's negligence does not bar his estate's recovery.

With respect to the tort of conversion, which of the following statements is true

None of the above.

Andrew noticed Michael and his pregnant wife Georgette walking down the street and, as a joke, drove his car within inches of Michael. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy. Andrew has:

committed the tort of intentional infliction of emotional distress against Georgette.

The intentional exercise of dominion or control over another's personal property which so seriously interferes with the other's right of control as to justly require the payment of full value for the property is

conversion

An absolute privilege exists to protect which of the following defendants in defamation cases?

- Members of Congress on the floor of Congress. - Statements made by the President of the U.S. in the discharge of official duty. - Statements about a third party made to one's spouse when the couple is alone.

Intent as used in the law of intentional torts requires the defendant to:

- desire to cause the consequences of her action. - believe the consequences are substantially certain to result from her action.

Barb goes to Marlin's Department store to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle. Barb trips over the clutter and breaks her leg. What standard of care does the store have toward Barb under the circumstances?

Because Barb is a business visitor, the store must exercise reasonable care to protect her against dangerous conditions she is unlikely to discover.

Which of the following may a U.S. Court of Appeals do in ruling on a case

Reverse or modify the judgment of the lower court. Remand or send the case back to the lower court.

Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered. Then Sally went into the kitchen to make hamburger patties. While Sally was inside, Pat backed up to catch a football and hit the grill, knocking the coals onto his feet. In a pure comparative negligence state, who is liable?

Sally is liable for Pat's injuries in proportion to the degree of fault or negligence found against her.

Sarah joined a religious cult while a student at college. Her father hired a deprogrammer who spent several weeks with her, during which they occasionally went on outings. After Sarah met with her boyfriend one weekend, she rejoined the cult and sued her father and the deprogrammer for false imprisonment. In this case

Sarah will lose because she had a reasonable means of escaping and voluntarily consented to the confinement.

Tim and Steve are roughhousing in Tim's front yard when Steve intentionally pushes Tim onto the neighbor's property. In this case:

Steve is a trespasser.

If Janice, while driving her car, carelessly runs into Paul, a pedestrian who is crossing the street within the crosswalk, Janice is liable in negligence for:

physical injuries Paul sustains from the collision because Janice's negligent conduct proximately caused harm to a legally protected interest.

The rule which permits the jury to infer both negligent conduct and causation from the mere occurrence of certain events is:

res ipsa loquitur.

The doctrine of __________ is the basis for an employer's liability for an unauthorized tort committed by his employee in the course of his employment.

respondeat superior