Business Law Midterm Part Two

Which of the following can be raised as a defense to a claim of defamation?

1. That there was a conditional privilege to publish a defamatory statement in order to protect a legitimate self-interest. 2. That there was a constitutional privilege to comment about the plaintiff who is a public figure and that the statement was made without malice. 3. That the Internet service provider was publishing information originating from a third party.

TRUE OR FALSE: A defendant will be liable for all harm that can be traces back to the defendant's negligence

FALSE

TRUE OR FALSE: In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.

FALSE

TRUE OR FALSE: RICO provides for criminal penalties, but contains no provision for civil penalties.

FALSE

TRUE OR FALSE: Robbery and Burglary are the same crime.

FALSE

TRUE OR FALSE: The 5th Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts.

FALSE

TRUE OR FALSE: The cause of action of intentional infliction of emotional distress protects a person from abusive language by a supervisor.

FALSE

TRUE OR FALSE: The law of torts is primarily made up of statutory law.

FALSE

TRUE OR FALSE: The term "publicity" as used in the tort of public disclosure of private facts is interchangeable with the term "publication" as used in the law of defamation

FALSE

Franco has the permission of George to walk across his yard on the way to school. Franco now brings twnety of his friends across the yard, and they stop to play ball.

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

The Hometown News snapped a picture of Tim, a local teenager, as he was sleeping under a tree in the park on a warm spring day. They printed the picture on the front of the paper, and the caption read "Youth Enjoys Warm Spring Day."

It is unlikely that the Hometown News is guilty of any tort.

Chris was driving a car with defective brakes very slowly down 5th Ave. looking for a parking place. Mindy jumped out into the street five feet in front of his car. Chris could not avoid hitting her. What is Chris's best defense to the charge of negligence?

Mindy crossed the middle of the street, which is against the law.

Mark carefully plots a course of action to embezzle $100,000 from his employer, Sue. He is fired before he ever gets a chance to put in action. In cleaning out his desk, Sue finds his plans. Mark is:

Not Guilty because he did not act on his plan.

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

Sally is liable for Pat's injuries only if she was more negligent than Pat.

TRUE OR FALSE: A reasonable person, as used in the law of torts, is a fictitious individual who is always careful, prudent, and never negligent

TRUE

TRUE OR FALSE: In applying the reasonable person standard, the court takes into account a person's physical, but not mental handicaps.

TRUE

TRUE OR FALSE: Today most crimes are covered by statutory law rather than by the common law, although many of the crimes in statutory form has their origins in the common law.

TRUE

TRUE OR FALSE: Tom's dog has bitten three postmen, but Tom can't bear to chain him up. When the dog bites the newsboy, Tom will be strictly liable.

TRUE

The defense of entrapment arises when:

police, government officials, or government agents act to induce an individual to commit a crime when that individual would not ordinarily have done so.

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

that it was not foreseeable that the lawn mower would explode.

The international dispossession or unauthorized use of the personal property of another is legally known as:

trespass of personal property

The doctrine of res ipsa loquitur would permit the court to infer negligence in what kind of situation?

A sign over a storefront fell on your head. A dead tree limb overhanging the sidewalk fell onto your head.

Which of the following is correct with respect to a grand jury? A. The grand jury decided the ultimate guilt or innocence of the defendant if the case involves over a certain statutory amount of money. B. The grand jury hears the testimony of the defendant. C. The grand jury issues indictment if it find sufficient evidence to justify a trial on the charges alleged.

C. The grand jury issues an indictment nif it find sufficient to justify a trial on the charges alleged

Mark is out sailing in his boat one evening when hears a young girl crying for help in the middle of the river. Which of the following is true? A. Mark MUST help the girl or he will be liable for negligence B. Mark must help the girl ONLY if he knows her. C. Mark MUST help the girl if he is the girl's uncle. D. Mark MUST help the girl if he begins to rescue her and increases her danger

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