LEEB Midterm Exam Review DRAFT
Dram shop laws impose liability on public establishments where which of the following is being served?
alcohol
The failure to meet obligations when there is a duty to do so is called a(n) ______ of duty in a negligence case.
breach
Defamation is a false statement that is published to a third party that results in: ______.
damages
For an injured party to be successful on a claim for contract interference, the injured party must prove that the tortfeasor had knowledge of the contract, actively interfered with the contract, and caused identifiable ______ to the injured party.
damages
Lost profit or loss of employment would be examples of ______ in a defamation suit.
damages
The ______ privilege shields a merchant from reasonably detaining a party suspected of shoplifting.
merchant's
When someone uses the likeness of another for commercial gain without permission, they are engaging in ______.
misappropriation
According to tort law, an act by one party that harms or endangers another, is known as: ______.
misfeasance
An injured party generally may not hold a defendant liable for nonfeasance unless the parties were in a(n) ______ relationship as defined by the law.
special
______ gives members of Congress protection from liability for any statements made during a congressional debate.
speech and debate clause
A category of tort where liability will be imposed, regardless of intent or willfulness, is called ______ liability.
strict
In the context of negligent conduct, what circumstances are required for tort law to apply?
when one party's actions unintentionally cause harm and when one party does not act reasonably
Once a landowner becomes a landlord and gives possession of the property to the tenant, the landlord is generally not held liable except for: ______.
certain common areas
A false or untrue statement concerning another's reputation or honesty is referred to as a(n) ______ statement.
defamatory
Which of the following is an element of defamation?
dissemination
The first step in analyzing a negligence claim is to determine whether the tortfeasor owed a legal ______ to the injured party.
duty
What are the elements of negligence?
duty, breach, cause in fact, legal cause, and damages
The intentional infliction of confinement upon another party is: ______.
false imprisonment
When someone publishes untrue or misleading information about another, they are engaging in ______.
false light
If the victim of defamation is a public figure, the defamation must have been committed with ______ or reckless disregard for the truth.
malice
Tort law allocates liability based on a fundamental difference between ______ or some act by one party that harms or endangers another party, and ______ or the failure to act or intervene in a certain situation.
misfeasance; nonfeasance
Employers, in some states, who are providing references for former employees may enjoy a(n) ______ for protection of speech.
qualified privilege
The law imposes a general duty on all people to act in a ______ and ______ manner under the circumstances.
reasonable and prudent
A claim for false imprisonment in the commercial setting commonly presents itself in cases of: ______.
suspected retail theft
Dissemination to a third party, a requirement of the defamation law, requires that ______.
the false statement must reach the eyes or ears of a third party
The merchant's privilege is limited to: ______.
the merchant's premises and immediately adjacent area.
If a competitor makes a false statement that disparages a competing product, the injured business may sue for ______ libel.
trade
The tort of trade libel requires that the statement be a clear and specific reference to the disparaged party or product. True or False
true
In tort law, the failure of one party to act or intervene in a certain situation is known as: ______.
nonfeasance
______ of duty, another exception to the no general duty to act/rescue, occurs when one party voluntarily begins to render assistance even when there is no legal obligation to do so.
assumption
______ ______ ______, another exception to the no general duty to act/rescue, occurs when one party voluntarily begins to render assistance even when there is no legal obligation to do so.
assumption of duty
Failure to fulfill obligations to another party is called a(n) ______ of duty.
breach
The law on tortious interference with potential contracts allows recovery in what situation?
in highly anticompetitive situations
A claim for fraudulent misrepresentation requires the misrepresentation of a(n) ______ fact.
material
So long as the media acts in good faith, without malice, and without a reckless disregard for the truth, the media will enjoy ______ protection from defamation liability.
qualified
A claim for negligent misrepresentation is founded in: ______.
negligence
Violations of safety statutes are referred to as: ______.
negligence per se
In general, the scope of the duty of ______ ______ is defined by foreseeability.
reasonable conduct
Courts use a ______ standard to determine whether landowners should have acted to prevent a risk to parties who come on their land.
reasonableness
The tort of contract interference is a(n) ______ tort.
intentional
In what case will courts allow recovery for unintentional misrepresentation?
when the seller makes a negligent statement
General untrue statements about a profession or group as a whole are defamation. True or False
False
______ ______ ______ is the legal doctrine that allows a plaintiff to create a presumption of negligence against the defendant by inferring negligence in the absence of actual evidence.
Res Ipsa Loquitur
Judicial officers, when participating in a judicial hearing, are given ______ protection.
absolute
______ privilege is where the defendant need not offer any further evidence to assert the defense.
absolute
There are ______ fundamental elements to a negligence claim.
five
Fraudulent misrepresentation is also referred to as: ______
fraud
The ______ party must prove all elements of negligence to be successful.
injured
The ______ has to prove a cause in fact in a negligence case.
injured party
Tortious interference with a prospective advantage protects against interference with a(n) ______ contract, not one already formed.
potential
______ statements are a defense to a defamation claim.
privileged
A(n) ______ statute is intended to protect a state's agricultural, dairy, or beef industries.
product disparagement
Product disparagement statues are designed to do which of the following?
protect the interests of major industries
Celebrities and political candidates would be examples of: ______.
public figures
Negligence per se occurs when an individual violates what type of statute?
safety
Which of the following is a defense to a defamation claim?
truth
______ is an absolute defense to a defamation claim.
truth
Landowners owe a general duty to parties off the land from any ______ risks to them caused by something on the land.
unreasonable
Laws of negligence impose liability when one's conduct is: ______.
unreasonable