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