BUL

Professional negligence means that the defendant did not live up to the standard practices in the profession. a. True b. False

True

Tort comes from the Latin word for crooked or twisted. a. True b. False

True

Torts are the civil recovery for what can be a criminal wrong. a. True b. False

True

Charlotte Newsom worked as a cashier at a store. One day she was told to report to the manager's office, where she was accused by two security staff members of stealing $500. She denied stealing the money. The meeting lasted two hours. The security staff asserted to have evidence of theft, although Newsom constantly denied the claim. Whenever Newsom said she wanted to leave, the staff told her she would be arrested for theft if she left. Finally, Newsom wrote a statement denying the charge. She was fired on the spot and left the store. Did she have a case for false imprisonment? a. No, because the staff members only threatened to arrest her if she left, and that she was free to leave at any time. b. Yes, because the staff members interviewed her in a threateningly manner. c. Yes, because she felt mentally restrained by the actions of the staff members. d. No, because the staff members threatened her if she failed to confess to the theft.

a

Hamburger Hamlets, Inc. is a chain of fast-food restaurants. Its major competitor is Sam's Sandwiches, Inc. Sam's Sandwiches' public relations vice president issued the following statement, "We have documented proof that Hamburger Hamlets uses horse meat in its burgers." Which of the following statements is true? a. Sam's could be liable for defamation. b. Sam's could be liable for negligence. c. Sam's has not committed a tort. d. Sam's could be liable for public disclosure of private facts. Hide Feedback

a

Mrs. Glover went into her local pharmacy with her 3-year-old daughter Abby to pick up a prescription for cough syrup. The pharmacist could not get the child-proof cap closed but handed the bottle to Mrs. Glover anyway. While driving home, Abby grabbed the bottle and put it in her mouth drinking a small amount of the prescription medication before her mother could take it away from her. Abby had to be taken to the hospital and receive treatment. Mrs. Glover is now suing the pharmacy for the faulty cap. Which of the following is true? a. The pharmacist is guilty of negligence. b. The pharmacist is guilty of intentional infliction of emotional distress. c. The pharmacist is guilty of malice. d. The pharmacist is not responsible because Abby drank the medicine after she left the store.

a

Jerry Costello, a politician, met with the editorial board of the newspaper and stated that he would not raise taxes if elected. The local newspaper supported Costello and published an editorial stating that Costello would not raise taxes. Costello won the election. At his first board meeting, Katz moved to raise taxes. That prompted the following editorial from a citizen: "Costello blew his first chance. Jerry Costello lied to us. There's no nicer way to put it; he simply lied. And when he lied to us, he lied to you... Some leader! You couldn't tell him from any other politician in the bunch. He did absolutely nothing to protect your interests. To say we're disappointed is too mild; we're irate... Jerry Costello asked for a chance to prove himself and, in his very first meeting, he blew it. Just think, we've got two more years of the Costello brand of lying leadership. Doesn't that thrill you?" At trial, the defendant testified that he believed he had been lied to. If Costello sued the newspaper, what would be the likely result? a. The court would find for the defendant because this type of statement is protected under the First Amendment of the U.S. Constitution. b. The court would find for the defendant because the statements were not made with actual malice. c. The court would find for the Costello because the statements made were libel per se. d. The court would find for Costello because the statements were made with actual malice.

b

Jordan works in a manufacturing facility and is required to start a generator each day by opening the large heavy door and pulling several levers. On Monday, Jordan was not wearing the required hardhat and when he yanked the levers down, the door closed and he sustained severe head injuries. During the investigation it was determined that the door was faulty and would not stay open like it should. Jordan sued the company for $1 million but during the trial, the jury decided that Jordan was 30% at fault for not wearing the required hardhat and the company was 70% at fault for not keeping the equipment in good repair. What defense to negligence did the company raise to get this ruling? a. Excessive damages. b. Comparative negligence. c. Assumption of risk. d. Contributory negligence.

b

Laws that put limitations in tort recovery are the same from state to state. a. True b. False

b

Liability for stalking would be covered by which tort? a. False imprisonment b. Intrusion into private affairs c. Defamation d. Interferenc

b

Once Maria enters the stockroom, which of the following is Kowalski's best argument that it is not liable for Maria's injuries? a.The stockroom was an attractive nuisance. b.Maria assumed the risk of injury when she entered the stockroom. c.Entering the stockroom was a superseding cause. d.Maria violated a dram shop act by entering the stockroom.

b

When courts allocate a percentage of fault when assessing damages they are applying which of the following? a. Contributory negligence b. Comparative negligence c. Assumption of risk d. Dram shop acts

b

Which of the following would be Mrs. Vogel's best defense against the tort of defamation? a.That her statements about the car dealership were privileged. b.That her statements about the car dealership were true. c.That her statements about the car dealership were only spoken and not printed. d.That her statements were made on a public street.

b

Brad, an actor, has filed suit against an online tabloid for using a photo of him on its web site. The basis for Brad's complaint is: a. intentional infliction of emotional distress. b. assumption of risk. c. appropriation. d. negligence.

c

Cynthia Fromm and Delores Rankin left after their fall semester finals for a four-day skiing trip in Northern Arizona. During their return drive, they hit a severe snowstorm and were having difficulty with directions. They took a wrong turn onto a road that is closed during the winter months and is not plowed. The winter barricades for the road were not yet in place. Fromm and Rankin were soon stuck in the snow. They remained in their vehicle for 11 days until they were rescued by snowmobilers. Both had severe frostbite. Fromm lost both feet. Rankin lost all of her toes. Both filed suit against the state of Arizona for its failure to put up barricades in a timely fashion. Should the state be held liable? a. The state of Arizona should not be liable because both women assumed the risk of driving in the snow. b. The state of Arizona should not be held liable under the doctrine of sovereign immunity. c. The state of Arizona was held only partially liable because of the negligence of the women. d. The state of Arizona should be held fully liable because of the failure to put up the winter barricades.

c

Jane Mitchell, age 16, was shopping at her neighborhood Osco Drug Store. She had been looking at magazines as she waited for a friend. She decided to purchase a Tiger Beat magazine and then wait for her friend outside the store. She paid for the magazine, but as she headed for the door, the store manager used the store's loudspeaker system to announce, "You, with the green hair and the maroon Doc Marten's on. Yes, you, by the front of the store. I saw you take that magazine. Stop right there you thief." The manager's statement: a. is excessive but will not result in any liability. b. constitutes libel. c. constitutes slander. d. is protected by the shopkeeper's privilege.

c

What provides negligence liability protection when we give medical aid to someone who has been in an accident? a. Proximate cause b. Breach of Duty c. Good Samaritan statute

c

Which element of negligence was the focus of the Palsgraf case? a. Breach of Duty b. Damages c. Proximate cause d. Duty

c

Which of the following is not a type of tort? a. Intentional b. Negligence c. Criminal d. Strict liability

c

Which of the following is not an absolute defense to defamation? a. Truth b. Statement was made during testimony c. Statement was made to only a small group of people d. Statement was made on the floor of the U.S. Senate

c

A local liquor store posts the checks of customers that are returned from the bank. The store manager says the public display of the checks is a good way to deter other bad-check writers. The display of the checks is: a. defamation. b. protected by a qualified privilege. c. negligence. d. an invasion of privacy. Hide Feedback

d

If Tony and Shelly wish to prove defamation, what do they need to show? a.That Mrs. Vogel made a false statement of a fact. b.That Mrs. Vogel harmed the reputation of the car dealership. c.That the statement was published to at least one person, other than those who worked at the car dealership. d.All of these are needed.

d

Jasper Construction, Inc. has the job of demolishing a small building in a busy downtown area. The streets were blocked off and barricades were erected to avoid possible injuries, but some of the debris from the wrecking ball is projected into the windows of the building next door. No one is hurt, but there is extensive damage to the neighboring building. What type of tort is Jasper Construction in violation of? a. Intentional tort b. Negligence c. Jasper in not in violation of tort law. d. Strict tort liability

d

John Reisen is driving home after working the late shift and runs a red light, hitting Jessica's car and causing her injury. Reisen has committed the tort of: a. defamation. b. appropriation. c. malice. d. negligence.

d

Richard was called to testify as a witness in a trial in which his supervisor, Martin, is accused of harassing and abusing one of his co-workers. The trial was covered by several media outlets including local television and newspapers. When Richard took the stand, he lied about having witnessed the abuse and now Martin is now suing Richard for defamation. Which of the following is true? a. Richard is guilty of defamation because Martin's reputation is now harmed by his testimony. b. Martin is a victim of invasion of privacy. c. Martin has no right to sue because he is the party being sued. d. Richard is not guilty of defamation because he is a witness in a trial.

d

The liability of bar owners for accidents that are caused by patrons who drank at their bars is determined by which of the following? a. Landowner liability standards b. Simple standards of negligence c. Comparative negligence d. Dram Shop laws

d

Valley Technology, Inc. runs a 24-hour manufacturing facility, which consists of a manufacturing floor, office space, and a kitchen where employees can store and prepare food during their shifts. Morgan was cutting some fruit to eat during a lunch break when she cut her hand with the knife. The cut was very deep and resulted in a trip to the emergency room for stitches. Which of the following is true? a. Morgan could rightfully sue for negligence. b. Morgan could rightfully claim comparative negligence. c. Valley Technology is guilty of contributory negligence. d. Valley Technology should claim assumption of risk.

d

What duty is owed to Maria while she is in Kowalski's (before entering the stockroom)? a.Since she is a trespasser, no duty is owed to her. b.Since she is a business invitee, there is no duty owed to her. c.Since she is a licensee, there is a duty to warn her about any dangers that the store knew of or should have known about. d.Since she is a business invitee, there is a duty to warn her about any dangers that the store knew of or should have known about.

d

Which of the following elements is a unique element in defamation of public figures? a. Publication b. Harm to reputation c. Damages d. Malice

d

The writer of a letter of recommendation has a qualified privilege against defamation. Whistleblowers have a qualified privilege against defamation. Senators have a absolute privilege against defamation.

qualified qualified absolute