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BLAW Final

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"Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music. What action would William have against Annette for taking the rake? A. Trespass to property. B. Conversion. C. Private nuisance. D. Negligence. E. Harassment.

"Hair Stylist Woes." Maryann, a college student, went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but that there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked and she could do no more business. The defamation printed in the school newspaper would be which of the following? A. Libel but not slander. B. Slander but not libel. C. Libel and slander. D. No tort was committed because an editorial, not a formal news report, was involved. E. No tort was committed because the falsehood involved matters of appearance, not business-related matters.

Laura was riding her new motorbike in a residential area. She had to swerve suddenly to avoid hitting a small child who had run onto the street after a ball. As a result, Laura hit a tree and fractured three ribs and her right arm. The motorbike also sustained considerable damage. Laura sued the father of the child who was present at the scene of the accident for negligence, but in court the defense argued that Laura had exceeded the speed limit. Which defenses to negligence has been used here by the defendant? a) Negligence per se b) Contributory negligence c) Assumption of the risk d) Superseding cause

b) contributory negligence

Which of the following is the misappropriation of trust funds or money held in a fiduciary capacity? A. False entries B. Defalcation C. False pretenses D. Ponzi scheme E. Pretexting

Which of the following is the term that describes wrongful behavior in a criminal action? A. Mens rea. B. Actus reus. C. Res judicta. D. Stare decisis. E. Carpe diem.

Which of the following is true regarding the apprehension necessary for the tort of assault? A. Apprehension and fear are the same thing. B. A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm. C. Actual injury is necessary for valid apprehension to be proven. D. The test for assault involves subjective apprehension, not reasonable apprehension. E. There is no requirement that the apprehension be of immediate physical contact.

Which of the following occurs when a defendant makes a first appearance? A. A magistrate determines whether there was proof beyond a reasonable doubt for the arrest. B. A magistrate determines whether there was probable cause for the arrest. C. A magistrate determines whether the defendant was properly booked but not whether the defendant was properly arraigned. D. A magistrate determines whether the defendant was properly arraigned but not whether the defendant was properly booked. E. A magistrate determines whether the defendant was properly booked and also whether the defendant was properly arraigned.

Which of the following occurs when companies bill consumers for optional services that the consumers did not order? A. Slamming B. Cramming C. Stuffing D. Fraudulent adding E. Fraudulent transfer

Which of the following occurs when someone unlawfully enters a building with the intent to commit a felony? A. Robbery B. Burglary C. Larceny D. Arson E. Criminal fraud

Plaintiff's Doctrines

- aid plaintiff's in establishing negligence claims - res ispa loquitor: "the thing speaks for itself" = even though no direct evidence of defendant's lack of care, it was there 1. event was one where ordinarily doesn't occur in absence of negligence 2. other responsible causes, including conduct of 3rd parties and plaintiff, have been eliminated 3. indicated negligence is within scope of defendant's duty to plaintiff - negligence per se: "negligence in or of itself" - defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs

Negligence

- behavior that creates unreasonable risk of harm to others - unfortunate accident: incident couldn't be avoided, even with reasonable care

Defenses to Negligence

- contributory: both parties were negligent 1. plaintiff's conduct fell below the standard of car needed to prevent unreasonable risk of harm 2. plaintiff's failure was contributing cause to plaintiff's injury - comparative: pure (court determines percentage of fault on defendant -> liable for percentage liable they were) or modified (defendant must be more than 50% liable for plaintiff to recover)

Special Plaintiff's Doctrines and Statutes

- danger invites rescue: bystander gets involved -> gets injured -> defendant's fault - dram shop acts: bartenders and bar owners are liable for injures caused by individuals who become intoxicated at the bar

Assumption of Risk

- defendant must prove plaintiff voluntarily and unreasonably encountered risk of actual harm the defendant caused - express: plaintiff agrees (written contract) to assume risk posed by defendant's behavior - implied: plaintiff implicitly assumed a known risk

Special Defenses to Negligence

- good Samaritan statute: attempt to encourage selfless and courageous behavior by removing the threat of liability - superseding cause: unforeseeable event that interrupts causal chain between defendant's breach of duty and damages plaintiff suffered

Strict Liability

- liability without fault when activity engaged in satisfies 3 conditions 1. involves risk of serious harm to people or property 2. so inherently dangerous that it can't ever be safely undertaken 3. not usually performed in immediate community

Duty

- obligation of care to another - reasonable person standard: measurement of way members of society expect an individual to act in a given situation - malpractice cases: professionals aren't holding up their duty of care - breach of duty: don't follow the duty of care - causation: actual (cause in fact; defendant's breach of duty resulted in plaintiff's injury) and proximate (legal cause; defendant may be held liable for the consequences of his actions -> forseeability)

Damages

- plaintiff must've sustained compensible injury as a result of the defendant's action - compensatory: damages intended to reimburse a plaintiff for their loss - punitive: imposed to punish the offender and deter others from committing similar offenses - gross negligence: action committed with extreme reckless disregard for the property or life of another person

Defenses to Negligence

1. Contributory Negligence 2. Comparative Negligence 3. Assumption of the Risk 4. Good Samaritan Statutes 5. Superseding Clause

4 Things to Prove in a Negligence Case

1. Duty 2. Breach of duty 3. Causation 4. Damages

Special Plaintiff's Doctrines and Statutes

2 types: 1. Danger Invites Rescue Doctrine= meant to protect bystanders who are injured while attempting to rescue survivors of dangerous/traumatic events. When the plaintiff is injured rescuing the defendant and is able to collect damages. 2. Dram Shop Acts= Allows bartenders and bar owners to be held liable for injuries caused by individuals who become intoxicated at any commercial establishment where alcohol is sold.

Superseding Clause

A defense to negligence. An unforeseeable event that interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered. Allow the defendant to avoid liability because they are evidence that the defendant's breach of duty was not the proximate cause of the plaintiff's injuries. Disprove the causation element by establishing that some unforeseeable event that proves that the defendant's actions were not the PROXIMATE cause of the plaintiff's injuries.

Contributory Negligence

A defense to negligence. Applies to cases in which the defendant and the plaintiff were both negligent. The defendant must prove: 1. The plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm. 2. The plaintiff's failure was contributing cause to the plaintiff's injury. Ex. If a plaintiff involved in a car accident failed to wear her seat belt, that failure constitutes contributory negligence because her action contributed to her injuries. *If defendant successfully proves contributory negligence, plaintiff does not get ANY damages. **Some states deemed that this seems unfair, so they adopted the last clear-chance doctrine.

Good Samaritan Statutes

A defense to negligence. People in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence.

Assumption of the Risk

A defense to negligence. The defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused-->aka that the plaintiff willingly assumed as a risk the harm she/he suffered. 2 types: 1. Express assumption of risk= When the plaintiff expressly agrees to assume the risk posed by the defendant's behavior 2. Implied assumption of risk= When the plaintiff implicitly assumed a known risk

Comparative Negligence

A defense to negligence. This defense was created due to the great deal of harm to a plaintiff the defendant can cause if they cannot recover any damages due to contributory negligence. 2 types: 1. Pure comparative negligence 2. Modified comparative negligence

Negligence per se

A plaintiff doctrine. Aka "negligence in or of itself". Applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs. If the defendant's violation causes the plaintiff to suffer from the type of harm that the statute intends to prevent, the violation is deemed negligence per se. Ex. If Ohio passes a statute prohibiting sale of alcohol to minors and a minor is charged with killing 2 pedestrians while driving under the influence, the liquor store's violation of the statute establishes negligence per se.

Modified Comparative Negligence

A type of comparative negligence. How courts calculate damages, the defendant must be more than 50% at fault for plaintiff to be able to recover.

Pure Comparative Negligence

A type of comparative negligence. When the court determines the percentage of fault of the defendant. The defendant is then liable for that percentage of the plaintiff's damages.

Actual Cause

Aka cause in fact The determination that the defendant's breach of duty resulted directly in the plaintiff's injury. *Also known as but-for causation because the plaintiff argues that the damages they suffered would not have occurred but for the actions of the defendant. (Ask if the plaintiff would have been injured if the defendant had fulfilled his/her duty)

Proximate Cause

Aka legal cause Refers to the extent to which as a matter of policy, a defendant may be held liable for the consequences of his actions. In most states, it is determined by foreseeability (when both the plaintiff and the plaintiff's damages were reasonably foreseeable at the time the defendant breached his duty to the plaintiff). If the defendant could not reasonably foresee the damages that the plaintiff suffered as a result of his action, the plaintiff's negligence claim will not be sustained.

Last-clear-chance doctrine

Allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff.

Negligence

Behavior that creates an unreasonable risk of harm to others, involves the failure to exercise reasonable care to protect another's person or property.

Res Ipsa Loquitur

One plaintiff doctrine. Literally means "the thing speaks for itself". Plaintiffs use this doctrine to allow the judge or jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care. Plaintiff must demonstrate: 1. The event was a kind that ordinarily does not occur in the absence of negligence. 2. Other responsible causes, including the conduct of 3rd parties and the plaintiff, have been sufficiently eliminated. 3. The indicated negligence is within the scope of the defendant's duty to the plaintiff.

Plaintiff's Doctrines

Since the plaintiff has the burden of proving all 4 elements of a negligence case, direct evidence of negligence by the defendant may not always be available (there may be no evidence or witnesses to the negligent conduct). Therefore, 2 doctrines have been adopted by courts to help plaintiffs establish their claims: 1. Res ipsa loquitur 2. Negligence per se

Duty

The first thing a plaintiff must establish to win a negligence case. In most cases, courts use the reasonable person standard (how society would expect an individual to act in a given situation) to determine the defendant's duty of care. In most situations, the law holds that individuals have no duty to rescue strangers in perilous situations. Employers- have a duty to protect employees from dangerous situations. Landowners- have a duty of care to protect individuals on their property. Businesses- have a duty of care to customers who enter business property and are obligated to protect their customers from foreseeable risks about which the owner knew or reasonably should have known.

Damages

The fourth thing a plaintiff must prove to win a negligence case. The plaintiff must have sustained compensable injury as a result of the defendant's actions. *A person CANNOT bring an action in negligence seeking nominal damages, they MUST seek COMPENSATORY damages (wanting to be reimbursed for their loss)

Strict Liability

The law holds an individual liable without fault when the activity in which she engages satisfies 3 conditions: 1. It involves risk of serious harm to people or property. 2. It is so inherently dangerous that it cannot ever be safely undertaken. 3. It is not usually performed in the immediate community. Ex. Dynamite blasting in a populated area, keeping animals that have not been domesticated, etc.

Breach of Duty

The second thing a plaintiff must establish to win a negligence case. Once the plaintiff has established that the defendant owes her a duty of care, they must go on to prove that the defendant's conduct violated that duty.

Causation

The third thing a plaintiff must establish to win a negligence case. The plaintiff must prove 2 elements to be able to recover damages: 1. Actual Cause 2. Proximate Cause

Danger Invites Rescue Doctrine

This doctrine expands a defendant's duty to rescuers. The principle that one who has, through her Negligence, endangered the safety of another can be held liable for injuries sustained by a third person who attempts to save the imperiled person from injury.

"Pet Police." Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back. Considering Bernard's shoving of Millie in the back, which of the following is true? A. By shoving her in the back, Bernard committed a battery. B. By shoving her in the back, Bernard committed a battery and an assault. C. By shoving her in the back, Bernard committed an assault. D. Bernard did not commit any torts because he did not actually physically harm Millie. E. Bernard did not commit any torts because he can rely on the self-defense theory.

"Pet Police." Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back. Millie's action in jabbing Bernard after she missed his nose, constitutes which of the following? A. Battery. B. Nothing because the conduct would not be deemed offensive. C. Nothing because she missed the nose, and Bernard was not actually hurt. D. Nothing because by entering Millie's yard, Bernard consented to any offensive touching. E. Nothing because Bernard deserved what he got.

A defendant can use the _____ defense if the idea for a crime originated not with the defendant but with a police officer or other government official who suggested it to the defendant, and the defendant would not otherwise have committed the crime. A. Entrapment B. Necessity C. Justifiable use of force D. Duress E. Inescapable action

A person who commits a tort is often referred to as a ___________. A. Tortfeasor B. Guiltfeasor C. Criminal D. Runaway defendant E. Nominal defendant

As recognized by the court in Sperry-New Holland v. John Paul Prestage and Pam Prestage, which of the following is true regarding the consumer expectations test for product defect? A. That if the plaintiff, applying the knowledge of an ordinary consumer, sees the danger and can appreciate that danger, then he cannot recover for any injury resulting from that appreciated danger. B. That a plaintiff cannot recover if a reasonable person would conclude that the danger in fact of the product, whether foreseeable or not, outweighs the utility of the product. C. That a plaintiff may only recover if the plaintiff was the purchaser of the product causing injury. D. That a plaintiff may only recover if consumer oriented household goods are involved. E. That a plaintiff may only recover if the plaintiff reasonably expected the manufacturer to have insurance, that the manufacturer did have insurance of the type to cover the injury at issue, and that the plaintiff had no part in causing the injury.

At trial a defense lawyer states that evidence should not be admitted because it is "fruit of the poisonous tree." Upon which of the following is the attorney relying? A. The exclusionary rule. B. The Fourth Amendment Rule. C. The Eden Rule. D. The Adam Rule. E. The Eve Rule.

Bill decides to install two-way mirrors in the dressing room of his ladies' clothing store. He has a habit of watching ladies while they try on clothing. Which of the following has Bill committed? A. Intrusion on an individual's affairs or seclusion. B. Assault. C. Public disclosure of private facts. D. False light invasion of property. E. Commercial appropriation.

Bob, who has a large trust fund, is angry at Alice because she stopped dating him. Alice ran a successful dog grooming shop but Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break up. Which of the following is correct? A. Bob has committed the tort of unfair competition. B. Bob has committed the tort of interference with contract. C. Bob has committed the tort of unfair competition and also the tort of interference with contract. D. Bob has committed the tort of disparagement. E. Bob has not committed any tort.

Compliance with federal laws may lead to the defense that use of state tort law is ______________ by a federal statute designed to ensure the safety of a particular class of products. A. Preempted B. Complimented C. Refuted D. Extinguished E. Upheld

In which of the following involves tricking consumers into changing their phone service to another carrier without their consent? A. Slamming B. Cramming C. Stuffing D. Fraudulent adding E. Fraudulent transfer

Jane is unhappy with her neighbor, Sam, because Sam will not allow her to swim in his swimming pool. She tells him that unless he lets her swim in the pool, she will bring an action against him for nuisance because he plays his stereo late at night at times. While the stereo does not bother Jane because she is up late anyway, she thinks that will encourage Sam to let her swim in the pool. Sam, however, continues to refuse to allow Jane to swim in his pool, and Jane proceeds to sue Sam for nuisance. Which of the following is true? Under which of the following situations does the tort of trespass to realty occur? A. When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; stays on the land of another when the owner tells him to depart; or refuses to remove something he placed on the property that the owner of the property asked him remove. B. When a person intentionally causes an object to be placed on the land of another without the landowner's permission; refuses to remove something he placed on the property that the owner of the property asked him remove; or intentionally enters the land of another without permission; but not when a person stays on the land of another when the owner tells him to depart. C. When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; or stays on the land of another when the owner tells him to depart; but not when a person refuses to remove something he placed on the property that the owner of the property asked him remove. D. When a person intentionally enters the land of another without permission; or stays on the land of another when the owner tells him to depart; but not when a person causes an object to be placed on the land of another without the landowner's permission or when a person refuses to remove something he placed on the property that the owner of the property asked him remove. E. A person does not commit trespass to realty unless it can be established that the person himself or herself initially entered the land of another without permission.

Strict liability is a term used to describe which of the following? A. Liability without fault. B. Negligence. C. Actus reus. D. Intentional wrongdoing. E. Recklessness.

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______. A. with actual malice B. negligently C. in print D. publicly E. to an employer

Under the Restatement (Third) of Torts, which of the following results in strict liability? A. A manufacturing defect but not a design defect or a failure to warn. B. A design defect and a failure to warn but not a manufacturing defect. C. A design defect but not a manufacturing defect or a failure to warn. D. Both a manufacturing defect and a design defect but not a failure to warn. E. A manufacturing defect, a design defect, and a failure to warn.

Under which of the following is the breach of warranty theory of liability established? A. The Uniform Commercial Code. B. The Federal Contract Guide. C. The Federal Commercial Code. D. The Restatement (Second) of Torts. E. The Restatement (Third) of Torts.

What did the court rule in regard to the plaintiff's claim of intentional infliction of emotional distress in Olson v. CenturyLink, the case in the text in which the plaintiff alleged that representatives of the defendant, a provider of telephone services, wrongly failed to process his application, disconnected his telephone service, and hung up on him during telephone conversations? A. That the conduct complained of by the plaintiff failed to meet the level of conduct required for a finding of the intentional infliction of emotional distress. B. That the plaintiff's complaint regarding the disconnection of his telephone service was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress. C. That the plaintiff's complaint regarding the refusal to process his application was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress. D. That the plaintiff's complaint regarding representatives hanging up on him were sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress. E. That the plaintiff would be allowed to proceed as to all allegations because they were all adequate to support a verdict based on the intentional infliction of emotional distress.

When all products of a particular design are defective and dangerous, those products have which of the following type of defects? A. Design. B. Warning. C. Primary. D. Exclusionary. E. Manufacturing.

Which of the following are less serious crimes punishable by fines or imprisonment of less than one year? A. Misdemeanor. B. Felony. C. Petty offenses. D. Tort offenses. E. Any business related crime.

Which of the following arises when a consumer knows that a defect exists but still proceeds unreasonably to make use of the product, creating a situation where the consumer has voluntarily assumed the risk of injury from the defect and thus cannot recover? A. Assumption of the risk. B. Pure comparative fault. C. Contributory negligence. D. Last-clear-chance. E. Strict behavior.

Which of the following causes of action stem from contract theory? A. Breach of warranty. B. Negligence. C. Strict liability in tort. D. Failure to warn. E. Failure to warn and breach of warranty.

Which of the following do courts focus on when a strict product liability action is involved? A. Whether the product was in a defective condition and unreasonably dangerous when sold. B. Whether the manufacturer was negligent. C. Whether the seller exercised all possible care in the preparation and sale of the product. D. Whether the consumer had a contractual relationship with the seller. E. Whether the manufacturer knew of a problem with the product.

Which of the following holds that a person may be deemed not guilty by reason of insanity, even if he or she knew that a criminal act was wrong, as long as the defendant was driven to commit the crime from some urge resulting from a mental deficiency the defendant could not resist? A. The irresistible impulse test. B. The involuntary act. C. The substantial capacity test. D. The duress defense. E. The necessity defense.

Which of the following is a reference to being a party to a contract? A. Being in privity of contract. B. Being in association with contract. C. Being in connect to contract. D. Being in affiliation with contract. E. Being connected by contract.

Which of the following is a term describing the wrongful state of mind needed for a criminal action? A. Mens rea. B. Actus reus. C. Res judicta. D. Stare decisis. E. Carpe diem.

Which of the following is defamation of a business product or service? A. Disparagement. B. Interference with a contract. C. Conversion. D. Derogation. E. Abuse of title.

Which of the following is the forceful and unlawful taking of personal property? A. Robbery B. Burglary C. Larceny D. Arson E. Criminal fraud

Which of the following is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist? A. False entry B. Defalcation C. False pretenses D. Ponzi scheme E. Pretexting

Which of the following is true of the term "tort"? A. It is a French word meaning "wrong." B. It is a German word meaning "mistake." C. It is a Latin word meaning "misfeasance." D. It is an English word meaning "negligence." E. It is a civil law term meaning "liability."

Which of the following is true regarding an arrest without a warrant? A. A law enforcement agent can arrest a suspect without a warrant if the officer believes there is probable cause but not enough time to obtain a warrant. B. A law enforcement officer may not arrest a suspect without a warrant even if the officer believes there is probable cause but insufficient time to obtain a warrant. C. A law enforcement agent can arrest a suspect without a warrant only if a felony is involved. D. A law enforcement officer can arrest a suspect without a warrant only if a violent crime is involved. E. A law enforcement officer can arrest a suspect without a warrant only if the suspect is a repeat offender.

Which of the following is true regarding awards of punitive damages in the U.S.? A. It is not always easy to predict what a court will do in any given case. B. Punitive damages may not be awarded in excess of $3 million dollars. C. A ratio of punitive damages to compensatory damages greater than 9 to 1 violates due process. D. The Supreme Court ruled that the issue of punitive damages is for the jury and will not be disturbed on appeal regardless of the ratio of punitive damages to compensatory damages. E. Awards of punitive damages in the U.S. are very similar to awards of punitive damages under the Canadian judicial system.

Which of the following is true regarding proof of design defect? A. States are not in agreement as to how to establish a design defect. B. State law across the country is generally uniform regarding how to establish a design defect. C. State law is irrelevant because federal law dictates how to establish a design defect. D. Each local county in each state determines how a design defect will be established. E. Because of the amount of international trade, there are international treaties establishing for each U.S. state how design defects will be established.

Which of the following is true regarding the application of negligence per se in product liability cases based on negligence? A. The doctrine of negligence per se is also applicable to product liability cases based on negligence. B. The doctrine of negligence per se is applicable to product liability cases only if they are based on failure to warn. C. The doctrine of negligence per se is applicable to product liability cases only if the cases are based on design defect. D. The doctrine of negligence per se is applicable to product liability cases only if the cases are based on manufacturing defect. E. The doctrine of negligence per se is never available in product liability cases.

Which of the following is true regarding the intent needed for an intentional tort? A. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another. B. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical injury to another. Economic injury is insufficient. C. The intent at issue is intent to harm that results in an injury, physical or economic, to another. D. The intent at issue is intent to harm that results in physical injury to another. Economic injury is insufficient. E. The intent at issue is not intent to harm and is not intent to engage in a specific act. Instead, negligence will suffice.

Which of the following is true regarding tort litigation? A. Tort litigation has been declining gradually since 1990. B. Tort litigation has increased steadily since 1990. C. Tort litigation has remained constant with no real change in numbers since 1990. D. Tort litigation increased significantly in the 1990s but has declined in the last two years. E. Tort litigation decreased in the 1990's but has increased steadily since the year 2000.

Which of the following is using fraudulent means to obtain information about someone's phone use? A. Pretexting B. Ponzi scheme C. False pretenses D. False token E. Defalcation

Which of the following may be sued in product liability actions? A. Retailers, wholesalers, and manufacturers. B. Retailers and wholesalers but not manufacturers. C. Wholesalers and manufacturers but not retailers. D. Retailers and manufacturers but not wholesalers.

Which of the following requires a "pattern"? A. The Racketeer Influenced and Corrupt Organizations Act. B. The False Claims Act. C. The Sarbanes-Oxley Act of 2002. D. The crime of false pretenses. E. The crime of false token.

Which of the following torts seek to compensate people wrongfully subjected to litigation? A. Malicious prosecution, wrongful civil proceedings, and abuse of process. B. Wrongful civil proceedings but not malicious prosecution or abuse of process. C. Abuse of process but not malicious prosecution or wrongful civil proceedings. D. Malicious prosecution and wrongful civil proceedings, but not abuse of process. E. Malicious prosecution and abuse of process but not wrongful civil proceedings.

Which of the following was created specifically to combat white-collar crime? A. The Sarbanes-Oxley Act. B. RICO. C. The False Claims Act. D. Section 1983. E. Section 1984.

Which of the following was true prior to the landmark 1916 case of MacPherson v. Buick Motor Company? A. Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing the element of duty. B. Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing causation. C. Negligence was often used as a theory of recovery because of the ease in establishing privity of contract. D. Causes of actions against manufacturers of products were barred federal law. E. Causes of actions against manufacturers of products were barred by an amendment to the U.S. Constitution that has since been repealed.

Which of the following would constitute false imprisonment? A. Threatening to use immediate physical force to detain someone; refusing to release property; and physical restraint, such as tying someone to a chair; but not moral pressure. B. Threatening to use immediate physical force to detain someone; physical restraint, such as tying someone to a chair; and moral pressure; but not refusing to release property. C. Physical restraint, such as tying someone to a chair, but not threatening to use immediate physical force to detain someone, refusing to release property, or moral pressure. D. Threatening to use immediate physical force to detain someone; refusing to release property; physical restraint, such as tying someone to a chair; and moral pressure. E. Physical restraint and threatening to use immediate physical force, but not refusing to release property or moral pressure.

Which of the following would constitute the privacy tort of false light? A. Attributing characteristics or beliefs to a person that he or she does not possess. B. Disclosing private facts about a person in order to obtain some sort of personal gain. C. Defaming a person with actual malice. D. Defaming a public figure. E. Defaming a public figure for personal gain.

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff. A. Nominal B. Compensatory C. Punitive D. Retaliatory E. Revenge

"Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music. What claim would William have against Annette for taking the lawn chair? A. Trespass to property. B. Conversion. C. Private nuisance. D. Negligence. E. Harassment.

"Hair Stylist Woes." Maryann, a college student, went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but that there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked and she could do no more business. Statements made by Maryann to her friends that were defamatory of Candy are what type of defamation? A. Libel but not slander. B. Slander but not libel. C. Both libel and slander. D. No tort was committed because the statements were made only to friends of Maryann, not to business acquaintances of Candy. E. No tort was committed because the falsehood involved matters of appearance not business-related matters.

A defendant who argues that commission of a crime was necessary to prevent a more severe crime from occurring is relying upon the defense of _______. A. Entrapment B. Necessity C. Justifiable use of force D. Duress E. Inescapable action

A(n) _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact. A. Battery B. Assault C. Assault and battery D. Negligence E. Strict responsibility

Bob is a trained exterminator who received yearly instruction regarding precautions that should be taken in relation to use of pesticides. After being told that he suffered allergies and other ailments based on exposure to the pesticides, Bob sued the manufacturers of the pesticides at issue based on a failure to warn theory. The defendants' best argument based on Bob's prior training is the ______ defense. A. Trained technician B. Sophisticated-user C. Knowledgeable user D. Unharmed user E. Workers' compensation

Carla learns that her employer, a healthcare facility, is committing fraud against the government by filing false Medicare claims. Under which of the following might she obtain a portion of any recovery obtained by the government? A. RICO. B. The False Claims Act. C. The Sarbanes-Oxley Act of 2002. D. The Medicare Recovery Act. E. The Healthcare Fraud Act.

The primary type of damages in tort law is referred to as _____. A. Punitive damages B. Compensatory damages C. Nominal damages D. Accrual damages E. Perspective damages

Under which of the following theories may a plaintiff be able to proceed even if the plaintiff cannot trace an injury caused by a product to any particular manufacturer? A. The shared liability theory. B. The market share theory. C. The trade theory. D. The shared market liability theory. E. The shared production theory.

Upon which type of law is product liability law primarily based? A. Contract law. B. Tort law. C. Administrative law. D. Legislative law. E. Executive law.

Which of the following are considered foreseeable plaintiffs in product liability cases? A. Users and consumers but not bystanders. B. Users, consumers and bystanders. C. Users but not consumers or bystanders. D. The purchaser only. E. The purchaser and the purchaser's immediate family only.

Which of the following defenses is an argument that harm was caused not by the defendant's negligence but by the plaintiff's failure to properly use the product? A. Assumption of the risk. B. Product misuse. C. Pure comparative fault. D. Last-clear-chance. E. Misapplication.

Which of the following is a false document or sign of existence used to perpetrate fraud, such as making counterfeit money? A. False entries B. False token C. False pretenses D. Ponzi scheme E. Pretexting

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter? A. There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called. B. When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time. C. Whenever a retailer has a reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police. D. The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police. E. The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive.

Which of the following is punishable by imprisonment for more than one year or death? A. Misdemeanor. B. Felony. C. Petty offenses. D. Tort offenses. E. Any business related crime.

Which of the following is set out in the Restatement (Second) of Torts as a method by which to prove a design defect? A. The risk-utility test. B. The consumer expectations test. C. The feasible alternatives test. D. The design defect test. E. The consumer propensity test.

To win a negligence case after it has been established that the defendant owes a duty to the plaintiff, it must be proved that the: a) defendant intended to cause injury. b) defendant failed to live up to the standard of care. c) plaintiff suffered damages above $5 million. d) plaintiff could not avoid the situation.

b) defendant failed to live up to the standard of care

Ian, a door-to-door salesman, filed a negligence case against Mark. While ringing the doorbell on Mark's front porch, he was bitten by a venomous snake that Mark kept as a pet. Ian had no previous warning of the snake being loose. In this scenario, Ian is most likely to have filed for damages under _____. a) intentional tort b) strict liability c) negligence per se d) last-clear-chance doctrine

b) strict liability

A _____ is best described as an unforeseeable event that interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered. a) pure comparative negligence b) superseding cause c) proximate cause d) modified contributory negligence

b) superseding cause

When are punitive damages imposed in a negligence case? a) When the plaintiff has sustained minor injuries b) When the offender has committed gross negligence c) When the damages were not foreseeable by the offender d) When the plaintiff seeks only nominal damages

b) when the offender has committed gross negligence

"Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music. Which of the following would be the most appropriate cause of action, if any, against Annette based upon the farm animals and the music? A. Trespass to property. B. Harassment. C. Private nuisance. D. Negligence. E. No cause of action is appropriate because Annette is entitled to use her property as she sees fit.

"Hair Stylist Woes." Maryann, a college student, went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but that there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked and she could do no more business. As far as the statements made to her friends are concerned, which of the following is true in regards to Maryann's statement that Candy cannot recover because Candy has not suffered a loss of income? A. Maryann is correct. B. Maryann is correct only if she can show that she did not intend to cause Candy loss of income. C. Maryann is incorrect because her statements constituted slander per se. D. Maryann is incorrect because general damages will be presumed. E. Maryann is incorrect but only because Candy cannot establish liable per se.

Which of the following is the making of threats for the purpose of obtaining money or property? A. Bribery B. Criminal Fraud C. Extortion D. Larceny E. Importation

Which of the following is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession? A. Robbery B. White-collar burglary C. Larceny D. Arson E. Criminal fraud

Which of the following is not a typical type of compensatory damage? A. Pain and suffering. B. Cost to repair damaged property. C. Medical expenses. D. Lost wages. E. Damages to punish the defendant for wrongdoing.

"Pet Police." Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back. Millie's threat to punch Bernard in the nose and her action in raising back her arm in support constitute a[n] _______________. A. Assault and battery B. Battery C. Assault D. Justified retribution E. Negligence

A judge reports that a jury was "hung". What does the judge mean? A. That the jury wanted to hang the defendant by imposing a heavy sentence. B. That the jury wanted to hang the prosecutor for unjustly charging the defendant. C. That the jury could not reach a verdict. D. That the jury had waited an excessive amount of time before reaching a verdict. E. That the jury had waited an excessive amount of time before retiring for the evening.

As of the date of text publication, what was the status of the lawsuit Pelman v. McDonald's, the case in which the plaintiffs asserted that McDonald's engaged in a scheme of deceptive advertising that in effect created the impression that McDonald's food products were nutritionally beneficial and part of a healthy lifestyle? A. The case was dismissed and plaintiffs are appealing. B. The case settled. C. The judge had refused to dismiss the plaintiffs' claims, and the case is moving forward as a class action. D. The judge ruled that only minor plaintiffs could sue, and their case is moving forward on a class action basis. E. The judge ruled that only plaintiffs who could prove that they had eaten a sufficient amount of food at McDonald's could sue and also that the plaintiffs could not proceed on a class action basis.

Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions? A. Ben has committed a battery. B. Ben has committed both an assault and a battery. C. Ben has not committed an assault or a battery because he acted in self-defense. D. Ben cannot rely on self-defense because he was involved in the argument and not completely innocent. E. Ben cannot rely upon self-defense because his life was not in danger.

Of which of the following must a defendant be informed before questioning? A. That the defendant must answer questions, or there will be a presumption of guilt at trial. B. That statements made to law enforcement before arraignment may not be used against the defendant in court. C. That the defendant has the right to consult an attorney before speaking to the police. D. That unless the defendant can afford any attorney, the defendant will not have an attorney. E. That the right to an attorney does not begin until after the defendant is arraigned.

Section 402A of the Restatement (Second) of Torts applies to which of the following? A. Negligence. B. Breach of warranty. C. Strict product liability. D. Assumption of the risk. E. Preemption.

Which of the following are common classifications of torts? A. Intentional, negligent, and criminal. B. Intentional, criminal, and strict liability. C. Intentional, negligent, and strict liability. D. Criminal, negligent, and strict liability. E. Administrative, civil, and criminal.

Which of the following are minor offenses usually punishable by a jail sentence of less than six months or a small fine with an example being violation of a building code? A. Insignificant offenses. B. Felonies. C. Petty offenses. D. Tort offenses. E. Any business related crime.

Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others? A. The Internet Communications Act of 2000. B. The Interactive Computer Services Protection Act of 2004. C. The Communications Decency Act of 1996. D. The Internet Communications Protection Act of 1998. E. The Blog Protection Act of 2001.

Which of the following is a defense used by a defendant to demonstrate that his alleged negligent behavior was reasonable, given the available scientific knowledge existing at the time the product was sold or produced? A. Assumption of the risk. B. Scientific knowledge doctrine. C. State-of-the-art defense. D. Reasonable behavior defense. E. Reasonable manufacturer defense.

Which of the following is a person who illegally accesses or enters another person's or a company's computer system to obtain information or to steal money? A. Backer B. Reacher C. Hacker D. Trespasser E. Illicit user

Which of the following is a plea in which the defendant does not admit guilt but agrees not to contest the charges? A. Petit defense. B. Information. C. Nolo contendere. D. Sine qua non. E. Plea avoidance.

Which of the following is an example of the imposition of strict liability? A. A robber pulls a gun to rob a bank teller. B. A burglar breaks into a home to steal jewelry. C. A business sells cigarettes to a minor. D. A minor shoplifts in a department store. E. An adult shoplifts in a department store.

Which of the following is generally a legitimate defense to a charge of a crime? A. Mistake of law B. Vicarious liability C. Mistake of fact D. Mistake of felony E. Mistake of actus reus

Which of the following is true regarding corporate executives being held personally liable for business crime under the "responsible corporate officer" doctrine? A. A corporate executive may never be held personally liable for a business crime. B. Corporate executives may only be held personally liable for a business crime if they benefited personally from their actions in executing the business crime. C. Corporate executives may be found personally liable for a business crime even if they did not engage in, direct, or know about a specific criminal violation. D. A court may not assess criminal liability on a corporate executive unless the executive directly engaged in the specific criminal violation. E. Criminal liability may not be assessed against a corporate executive unless the executive directly engaged in the criminal activity and also profited directly and personally from the criminal activity.

Which of the following is true regarding damages that may be recovered in negligence-based product liability cases if proven? A. Compensatory damages may be recovered, but punitive damages may not be recovered. B. Punitive damages may be recovered, but compensatory damages may not be recovered. C. Compensatory damages and punitive damages may be recovered. D. Compensatory damages, punitive damages, and administrative damages may be recovered. E. Compensatory damages, punitive damages, administrative damages, and manufacturing damages may be recovered.

Which of the following is true regarding the Fourteenth Amendment? A. It is part of the Bill of Rights. B. Its safeguards only apply at the federal level. C. It is not a part of the Bill of Rights and it extends federal guarantee of due process and most constitutional protections to all states. D. It is a part of the Bill of Rights, its protections apply at the federal level, and its protections also apply at the state level. E. It is a part of the Bill of Rights, and its protections apply only at the federal level.

Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time? A. Forcible detention. B. False imprisonment. C. Qualified imprisonment. D. Contained detention. E. False detention.

Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed? A. Negligent infliction of emotional distress. B. Intentional infliction of strict-liability distress. C. Intentional infliction of emotional distress. D. Reckless invasion of solitude. E. Psychological infliction of distress.

Which of the following was passed largely in response to business scandals of the early 2000's, such as those implicated by Enron, WorldCom, Global Crossing, and Arthur Anderson? A. RICO. B. The False Claims Act. C. The Sarbanes-Oxley Act. D. The Medicare Recovery Act. E. The Healthcare Fraud Act.

Which test for determining design defect is also referred to as the risk-utility test? A. The consumer expectations test. B. The retailer expectations test. C. The feasible alternatives test. D. The design defects test. E. None of these.

Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true? A. Annie has committed defamation of the college president in the form of slander. B. Annie has committed defamation of the college president in the form of libel. C. Annie has appropriated for commercial gain the photograph which constitutes an invasion of privacy. D. Annie has committed both defamation and invasion of privacy toward the college president. E. Annie has not committed any tort.

_________ torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result. A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability

___________ damages are damages awarded to punish the defendant and to deter others from similar conduct. A. Nominal B. Compensatory C. Punitive D. Retaliatory E. Revenge

According to the _____, people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence. a) contributory negligence doctrine b) takings clause c) Good Samaritan statutes d) danger invites rescue doctrine

c) Good Samaritan statutes

The doctrines of res ipsa loquitur and negligence per se have been adopted by courts to primarily aid the _____ in negligence suits. a) defendant b) jury c) plaintiff d) state

c) plaintiff

"Hair Stylist Woes." Maryann, a college student, went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but that there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked and she could do no more business. As far as the editorial is concerned, which of the following is true in regards to Maryann's statement that Candy cannot recover because she cannot show loss of income? A. Maryann is correct. B. Maryann is correct only if she can establish that she did not intend to cause economic loss to Candy. C. Maryann is incorrect because her actions would be considered liable per se. D. Maryann is incorrect because general damages would be presumed. E. Maryann is incorrect because Candy has proven special damages.

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as _______. A. Slander of quality B. Trade libel C. Libel of title D. Slander of title E. Libel of sale

As recognized by the court in Sperry-New Holland v. John Paul Prestage and Pam Prestage, which of the following is true under the risk-utility analysis of product liability? A. That if the plaintiff, applying the knowledge of an ordinary consumer, sees a danger and can appreciate that danger, then he cannot recover for any injury resulting from that appreciated danger. B. That a plaintiff must show that a retailer failed to do a proper risk-utility analysis before the plaintiff can recover against the retailer. C. That a plaintiff must show that a manufacturer failed to do a proper risk-utility analysis before the plaintiff can recover against the manufacturer. D. That a product is unreasonably dangerous if a reasonable person would conclude that the danger-in-fact, whether foreseeable or not, outweighs the utility of product. E. That a reasonable person must conclude that the use-in-fact of a product outweighs the risk-utility of the product.

Assuming the requisite elements are proven, which of the following is a defense when it is established that a crime is committed because the person committing the act was threatened with immediate bodily harm or loss of life unless the offense was committed? A. Entrapment. B. Necessity. C. Justifiable use of force. D. Duress. E. Inescapable action.

Bank teller Ben receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Ben puts it into his pocket. Which of the following offenses has he committed? A. Forgery B. False entries C. False token D. Embezzlement E. Cramming

Ed goes door-to-door selling magazine subscriptions. Ed knows, however, that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines. Which of the following offenses, if any, has he committed? A. Defalcation B. False entry C. False token D. False pretenses E. Ponzi scheme

Following the case of MacPherson v. Buick Motor Company, any ______ plaintiff can sue a manufacturer for its breach of duty of care. A. contracting B. adult C. unforeseeable D. foreseeable E. believable

Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime. A. Likely cause B. Suspected cause C. Certainty D. Probable cause E. Information

Paul was very excited about his first new vehicle purchase. He borrowed funds from his bank with which to purchase the car. Unfortunately, just a few days after he purchased the vehicle, the pistons in the engine overheated causing the engine to seize rendering the vehicle unusable. No one was injured, but Paul is very upset about his vehicle and plans to sue based on strict liability under the theory set forth by Section 402A of the Restatement (Second) of Torts. Which of the following is the most likely resolution of his claim? A. He will be allowed to proceed because the vehicle was in a defective condition. B. He will be allowed to proceed only if he can establish that he did appropriate research prior to purchasing the vehicle and had no reason to know that it was likely to be defective. C. He will be allowed to proceed so long as he is up-to-date on his loan payments. D. He will not be allowed to proceed because there is no recovery under a strict liability theory for solely economic damages. E. He will not be allowed to proceed because the only avenue for this type of claim is through a negligence action.

Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true? A. Robby's conduct constitutes a battery. B. Robby's conduct constitutes an assault. C. Robby's conduct constitutes both a battery and an assault. D. Robby's conduct does not constitute an assault because there is no question of immediate bodily harm. E. Robby's conduct does not constitute an assault because there was no physical contact.

Under the Sarbanes-Oxley Act, it is now a felony to willfully fail to maintain proper records of audits and work papers for at least ______ years. A. 2 B. 3 C. 4 D. 5 E. 6

Under the Sarbanes-Oxley Act, which of the following is true regarding the destruction of documents in a federal bankruptcy investigation? A. The destruction of documents in a federal bankruptcy investigation is a misdemeanor with possible sentences of up to 364 days in jail. B. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 364 days in jail. C. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 5 years in jail. D. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 20 years in jail. E. The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of life imprisonment.

What was the result at the Supreme Court level in Wyeth v. Levine, the case in the text in which the defending drug company took the position that the plaintiff's jury verdict on her state law claim alleging that the defendant improperly labeled a drug was preempted by federal law and should be overturned? A. That the case should be dismissed because the defendant could not be subjected to both federal and state law. B. That the case should be dismissed because it was impossible for the defendant to comply with both state and federal law. C. That the case should be dismissed because complying with state law would obstruct the purposes and objectives of federal drug labeling regulation. D. That the jury verdict would be upheld because the defendant could have complied with its state and federal law obligations. E. That the jury verdict would be upheld because Wyeth failed to submit evidence that the plaintiff was guilty of comparative negligence.

What was the result in the case opener involving the lawsuit against the sperm bank for providing sperm with a genetic defect? A. The lawsuit was dismissed because of the court's decision that sperm is not a product. B. The lawsuit was dismissed because of the court's decision that the plaintiffs had suffered no damages. C. The lawsuit was dismissed because of the court's decision that the sperm was not defective. D. The lawsuit was not dismissed, and the court ruled that a sperm bank could be sued under product liability laws. E. The lawsuit was not dismissed although the court ruled that the plaintiff could proceed only under a negligence theory.

When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim. A. Simple B. Complex C. Defamation D. Absolute E. Compounded

Which of the following allows a defendant to be found not guilty by reason of insanity if he or she did not understand the nature of the act? A. The irresistible impulse act. B. The involuntary act. C. The substantial capacity test. D. The M'Naghten test. E. The necessity defense.

Which of the following are commonly used theories of recovery in product liability cases? A. Negligence, negligence per se, and breach of warranty. B. Strict product liability, negligence per se, and breach of warranty. C. Breach of warranty, negligence, and negligence per se. D. Negligence, strict product liability, and breach of warranty. E. Civil, criminal, and administrative.

Which of the following includes destruction of a building using an explosive device? A. Extortion B. Embezzlement C. Larceny D. Arson E. Criminal fraud

Which of the following is a tort? A. A civil or criminal action in state court. B. A civil or criminal action in state court or federal court. C. A breach of contract. D. A wrong or injury to another, other than a breach of contract. E. A wrong or injury to another, including a breach of contract.

Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors? A. False entries B. False token C. False pretenses D. Ponzi scheme E. Pretexting

Which of the following is the type of defect most likely involved when an individual glass bottle of soda shatters in someone's hand causing a cut, although most bottles do not shatter in that manner? A. Design B. Warning C. Punitive D. Manufacturing E. Negligent

Which of the following is true regarding defenses to negligence-based product liability actions? A. A defendant may only rely upon contributory negligence. B. A defendant may only rely upon comparative negligence. C. A defendant may only rely upon modified comparative negligence. D. A defendant may rely upon the defense of contributory, comparative, or modified comparative negligence, depending upon which defense is accepted by the state where the case arose. E. A defendant may not rely upon contributory, comparative, or modified comparative negligence because no defenses are available in such a lawsuit. The only issue will be the amount of damage.

Which of the following is true regarding punitive damages in product liability cases? A. They are not available in product liability actions. B. The amount of the punitive-damage award is determined by the wealth of the defendant only. C. The amount of the punitive-damage award is determined by the maliciousness of the action only. D. The amount of the punitive-damage award is determined by the wealth of the defendant and also by the maliciousness of the action. E. Punitive damages are meant to compensate the plaintiff for injury and to make the plaintiff whole.

Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation? A. Politicians, but not entertainers, are generally considered to be public figures. B. Entertainers, but not politicians, are generally considered to be public figures. C. Small business owners and politicians, but not entertainers, are generally considered to be public figures. D. Politicians and entertainers, but not small business owners, are generally considered to be public figures. E. Small business owners, but not politicians or entertainers, are generally considered to be public figures.

Which of the following must a plaintiff generally show in order to recover in a product liability lawsuit? A. Only that the product is defective. B. That the defect should have been discovered and fixed prior to sale. C. That the defendant was negligent. D. That the product is defective and also that the defect existed when the product left the defendant's control. E. That the product is defective, that the defect existed when the product left the defendant's control, and also that the defendant was negligent.

Which of the following is true regarding the manner in which the exclusionary rule is derived from the U.S. Constitution? A. It is specifically set forth in the Fourth Amendment. B. It is specifically set forth in the Fifth Amendment. C. It is specifically set forth in the Sixth Amendment. D. It is specifically set forth in the Eighth Amendment. E. No section of the U.S. Constitution specifically states the provisions of the exclusionary rule.

Which of the following may a person accused of defamation raise as a defense? A. Truth but not privilege. B. Privilege but not truth. C. Need and truth. D. Need, truth and privilege. E. Truth and privilege.

Which of the following was the result in Thomas P. Lamb v. Tony Rizzo, the case in the text in which the defending newspaper reporter claimed that he could not be held liable to the plaintiff for making alleged defamatory statements because the plaintiff's reputation as a kidnapper and murderer serving three life sentences was so bad that his reputation could not be further harmed? A. The court allowed the lawsuit to proceed ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to a defamation lawsuit. B. The court allowed the lawsuit to proceed ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to the lawsuit involved, an action for libel, although the plaintiff's reputation would likely have barred an action for slander. C. The court allowed the lawsuit to proceed ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to the lawsuit involved, an action for slander, although the plaintiff's reputation would likely have barred an action for libel. D. The court dismissed the lawsuit recognizing that the facts fit within the jurisdiction's description of when the libel-proof doctrine might apply based upon the plaintiff's already bad reputation. E. The court dismissed the lawsuit on the basis that the statements were not false but also recognized that the only proof justifying application of the libel-proof doctrine is proof that a defendant has been sentenced to death.

Zack, the president of ABC Company, falsified documents to make it appear as if he had been granted stock options on certain dates, and he selected the dates after the fact, picking dates on which the stock price was low. Which of the following offenses, if any, did he commit? A. Insider trading B. Pretexting C. Defalcation D. Stock option backdating E. He did not commit any offense

_____ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm. A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability

To establish proximate cause in a negligence claim, it is necessary to prove that the: a) damages or losses suffered by a plaintiff were above $5 million. b) plaintiff would have suffered losses even if the defendant had fulfilled his or her duty of care. c) defendant's actions were intended to cause injury to the plaintiff. d) defendant could reasonably foresee the damages that the plaintiff suffered as a result of his or her action.

d) defendant could reasonably foresee the damages that the plaintiff suffered as a result of his or her action.

To apply modified comparative negligence, the: a) plaintiff should prove that there was no negligence from his or her side. b) plaintiff should prove that the event can occur in the absence of negligence. c) defendant must have intended to cause the injury to the plaintiff. d) defendant must be more than 50 percent at fault before the plaintiff can recover.

d) defendant must be more than 50% at fault before the plaintiff can recover

Which of the following defines the danger invites rescue doctrine? a) A bystander is deemed to be negligent if he or she does not rescue a stranger in imminent danger. b) Bartenders and bar owners are held responsible for the injuries caused by individuals who become intoxicated at any bar. c) A business owner is held responsible for the negligent acts of her employees as she failed to use reasonable care while hiring. d) If a bystander gets injured while trying to save a victim from danger caused by the offender, then the offender is held responsible for the bystander's injuries as well.

d) if a bystander gets injured while trying to save a victim from danger caused by the offender, then the offender is held responsible for the bystander's injuries as well

Which of the following serves to combat bribery of foreign officials? A. The Foreign Official Bribery Act B. The International Bribery Prohibition Act C. The Fair Business Act D. The International Fair Business Practices Act E. The Foreign Corrupt Practices Act

"Pet Police." Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back. Which of the following is true regarding Sally's actions toward Millie? A. Sally committed an assault. B. Sally committed a battery. C. Sally committed both an assault and a battery. D. Sally did not commit any offense because she did not actually hurt Millie. E. Sally did not commit any offense because she was acting in the defense of Bernard.

Under a strict product liability theory, who is considered a reasonably foreseeable party who may recover if injury is sustained? A. The buyer only. B. Only the buyer and the buyer's family. C. Only the buyer, the buyer's family, and the buyer's guests. D. Only the buyer and any one present in the buyer's home when injury is sustained. E. The buyer, the buyer's family, the buyer's guests, and foreseeable bystanders.

Under a strict product liability theory, who may be held liable to an injured party? A. Manufacturers only. B. Distributors only. C. Retailers only. D. Manufacturers and distributors but not retailers. E. Manufacturers, distributors, and retailers.

What was the result in the case of U.S. v. Park, the case in which the defendant, the president of a national food-chain corporation, claimed he should not be held liable for allowing food in a warehouse to be exposed to rodent contamination because he had delegated responsibility to subordinates? A. The court dismissed all claims against him because of insufficient proof that he had actively allowed contamination. B. The court dismissed all claims against him because of insufficient proof of negligence. C. The court refused to dismiss claims against him because the offense was a strict liability offense. D. The court refused to dismiss claims against him because of insufficient proof of delegation. E. The court refused to dismiss claims against him because of proof that he had responsibility and authority to prevent the contamination or to correct it and failed to do so.

What was the ruling of the court in the case of Welge v. Planters Lifesavers Co., the case in which the plaintiff injured his hand when a jar containing peanuts broke? A. That the case would be dismissed because the plaintiff could not establish that the jar was maintained in a pristine condition after its purchase. B. That the plaintiff was unable to recover because negligence in manufacture of the jar could not be established. C. That the plaintiff was unable to recover because he was not the actual purchaser of the jar of peanuts. D. That the plaintiff would be allowed to proceed because negligence was established. E. That the plaintiff would be allowed to proceed with the lawsuit because of a lack of evidence that the jar had been damaged after its purchase.

When an individual product has a defect making it more dangerous than identical products, that individual product is said to have which of the following defects? A. Design. B. Warning. C. Primary. D. Exclusionary. E. Manufacturing.

Which amendment provides the right to a speedy and public trial? A. The Second Amendment. B. The Third Amendment. C. The Fourth Amendment. D. The Fifth Amendment. E. The Sixth Amendment.

Which of the following Supreme Court cases established the right to counsel before questioning by the police? A. Whaley v. Reeves B. Glover v. Smith C. U.S. v. Glover D. U.S. v. Parks E. Miranda v. Arizona

Which of the following are considered infants under the law in regards to criminal activity? A. Any child five and under. B. Any child ten and under. C. Any child twelve and under. D. Any child sixteen and under. E. Any person under the age of majority.

Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom? A. Only that the statements were true. B. Only that the statements were made in Parliament. C. Only that the statements were made in court. D. That the statements were made in Parliament or court. E. That the statements were true, that the statements were made in Parliament, or that the statements were made in court.

Which of the following do courts often consider in determining whether a manufacturer was negligent in failing to warn? A. The likelihood of the injury only. B. The seriousness of the injury only. C. The ease of warning only. D. The likelihood of the injury and the seriousness of the injury but not the ease of warning. E. The likelihood of the injury, the seriousness of the injury, and the ease of warning.

Which of the following was the result in Radford v. Wells Fargo Bank, the case in the text in which the plaintiff sued claiming that a mortgage loan was a defective product? A. The court allowed the case to proceed on the basis that a loan is a product. B. The court ruled that while a loan is a product, the plaintiff was barred from proceeding because he had not alleged that he was in mortgage foreclosure, a necessary predicate for a lawsuit alleging defect based on a mortgage loan. C. The court ruled that while a loan is a product, the plaintiff was barred from proceeding because he had not alleged usury, a necessary predicate for a lawsuit alleging defect based on a mortgage loan. D. The court ruled that while a loan is a product, the plaintiff was barred from proceeding because he had not alleged that he was in bankruptcy, a necessary predicate for a lawsuit alleging defect based on a mortgage loan. E. Recognizing that product liability focuses on tangible items, the court ruled that a loan is not a product for purposes of product liability law.

________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes. A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability

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