LEGAL 3000 CH2

True/False: It is enough to file a false light tort claim if the plaintiff is offended by the supposition.

False

True/False: Only the person who purchases a defective product may sue for relief?

False

True/False: conspiracy is a general intent crime

False

TrueFalse: Spoken defamation is called slander?

True

Which of the following is not true of a defamation tort? a. A defamation tort requires a formal publication or broadcast of information. b. Spoken defamation is called slander c. The perpetrator may publish the information intentionally or accidentally. d. For a defamation tort to exist, the information must be true.

a. A defamation tort requires a formal publication or broadcast of information.

Which of the following is an example of someone guilty of general intent? a. A person, while hunting deer, shoots a stray bullet and kills someone b. A person steals a car c. A person conspires to commit a murder . d. A person is in possession of cocaine.

a. A person, while hunting deer, shoots a stray bullet and kills someone

Which of the following is NOT true of specific intent? a. Accidentally killing someone with a stray bullet while hunting is an example of a crime with a specific intent. b. Specific intent implies a purposeful, knowing effort to commit an unlawful act. c. While a person may be found guilty of general intent, he or she may not always be found guilty of specific intent d. Burglary is an example of a crime with a specific intent.

a. Accidentally killing someone with a stray bullet while hunting is an example of a crime with a specific intent.

_________is an intentional tort that means "harmful or offensive contact" a. Battery b. Infliction of emotional distress c. Assault d. False imprisonment

a. Battery

Personal, movable property is known as _______. a. Chattel b. Real property c. Realty d .Permanent property

a. Chattel

A stroller whose hinge can be partially amputate consumers' fingers when they press the release button is an example of a defect in ___________. a. design b. packaging c. Manufacture d. Instructions

a. Design

A defendant who claims that he or she was force into unlawful behavior by threat of death is employing which defense? a. Duress b. Necessity c. Insanity d. Diminished capacity

a. Duress

________ is the limit of liability in a proximate cause test. a. Forseeability b. Affirmative duty c. Causation d. Breach

a. Forseeability

Which of the following is NOT true of a victim of libel? a. He/she must show with specificity how the false statement resulted in economic harm. b. He/she need not prove specific economic harm c. He/she must prove that the statement made is false. d. He/she must prove that the false statement hurts his or her reputation.

a. He/she must show with specificity how the false statement resulted in economic harm.

Which of the following is true of a duty of care? a. In a fiduciary relationship, duty of care is owed. b. To determine if duty of care is owed, the court will look at how a reasonable person would act under similar circumstances. c. Duty of care in mandatory d. Duty of care is a moral obligation.

a. In a fiduciary relationship, duty of care is owed.

A(n)________tort arises when a person intentionally intrudes upon another person's solitude, seclusion, private affairs or concerns. a. Intrusion upon seclusion b. misappropriation c. False light d. Public revelation of private facts

a. Intrusion upon seclusion

Which of the following is NOT true of a misdemeanor? a. It is more serious than a felony. b. Minor theft is a example of a misdemeanor. c. The penalty for a misdemeanor could be a $500 fine. d. The penalty for a misdemeanor could be six months in jail.

a. It is more serious than a felony.

The unlawful taking of another's property with the intent to permanently deprive them of it is defined as ___________. a. Larceny b. Embezzlement c. Burglary d. Robbery

a. Larceny

Written defamation is called_____________. a. Libel b. Reputational harm c. Slander d. False light

a. Libel

Which of the following is NOT true of capital crime? a. Manslaughter is an example of a capital crime b. It is the most severe unlawful behavior c. It is punishable by death d. First-degree murder is a example of capital crime.

a. Manslaughter is an example of a capital crime

Embezzlement is an example of a _________(Check all that apply) a. Infraction b. Misdemeanor c. Capital Crime d. Felony

a. Misdemeanor d. Felony

The transaction of $10,000 or more illegally obtained funds is known as ___________. a. Money laundering b. Conspiracy c. Robbery d. Fraud

a. Money laundering

Which of the following is true of negligence claims? a. The last clear chance doctrine allows a plaintiff to assume some responsibilities and still file a negligence claim, so long as the defendant could have done something to prevent the incident. b. If the defendant is even partially responsible for his injuries, he may never file a negligence claim. c. In comparative negligence, a plaintiff responsible for his injury may still receive full damages.

a. The last clear chance doctrine allows a plaintiff to assume some responsibilities and still file a negligence claim, so long as the defendant could have done something to prevent the incident.

Which of the following is NOT true of disparagement? a. The plaintiff need not show that another person knowingly and maliciously published the untrue statements. b. It occurs when false information is published about a firm or its products, property, or reputation. c. Slander of title and slander of quality fall under a tort of disparagement d. An example would be a false statement that a real estate's property listed for sale is geologically unstable.

a. The plaintiff need not show that another person knowingly and maliciously published the untrue statements.

Jake Borrows Sam's car fro the week, and then lets his friend mark borrow it for the weekend. This is a example of ______? a. Tort of conversion b. Tort of real property c. Meddling d. Tort of trespass to land.

a. Tort of conversion

Danielle borrows Mark's laptop. When she alter returns it to him, there is a new dent on the side. This is a example of____________. a. Tort of trespass to chattel b. Tort of trespass to land c. Tort of conversion d. Tort of real property.

a. Tort of trespass to chattel

Which of the following is NOT true of the defense of intoxication? a. Voluntary intoxication is an effective defense. b. Involuntary intoxication is not an effective defense c. A person uses this defense to show that he/she could not have committed a specific intent crime due to intoxication. d. In a involuntary intoxication defense, the defendant attempts to show that he/she was intoxicated due to some trick or inadvertence when the crime was committed.

a. Voluntary intoxication is an effective defense.

Which of the following is not an example of larceny? a. siphoning money from a till in a restaurant b. Stealing a bicycle c. Stealing someone's wallet d. Shoplifting

a. siphoning money from a till in a restaurant

Which of the following is NOT true of defamation of a public figure? a. The statement must hurt the victim's reputation b. All celebrities are considered public figures. c. The statement must be false. d. The statement must have been made with malice or reckless disregard for the truth.

b. All celebrities are considered public figures.

Which of the following is NOT an example of a fiduciary relationship? a. Pilot/passenger b. Coworker/coworker c. Babysitter/charge d. Doctor/patient

b. Coworker/coworker

Fifteen-year-old Brooke is caught stealing balloons at a party supply store. Jeff, the store manager, tells Brooke she needs to wait in his office until he can contact her parents. He is unable to contact either one, and Brooke waits in his office for three hours. This is an example of which type of tort? a. Assault b. False imprisonment c. Infliction of emotional distress d. Battery

b. False imprisonment

A popular women's magazine feature Julia, a famous television actress, on the cover. She declined to pose nude for the magazine. Next to her photo, there is a caption that reads, "TV's Hottest Stars Exposed," implying that Julia might be pictured nude in he magazine. This is an example of which type of tort? a. Intrusion upon seclusion b. False light c. Public revelation of private facts c. Misappropriation

b. False light

_______laws protect a doctor from liability if he or she injures a patient while trying to assist him/her. a. Comparative negligence b. Good Samaritan c. Last clear chance d. Assumption of risk

b. Good Samaritan

A third party is guilty of ________when it improperly meddles in a formal contractual relationship, whether written or oral. a. Interference with a business relationship b. Interference with a contractual relationship c. Fraud d. Disparagement

b. Interference with a contractual relationship

________refers to the intent to commit a crime? a. Tort b. Mens rea c. General intent d. Actus reus

b. Mens rea

Which of the following is not true of an infraction? a. The penalty for infractions is usually a minor fine, or a day or two in jail. b. Minor theft is an example of infraction c. Public nuisance is an example of an infraction. d. It is the least severe unlawful behavior that accompanies a punishment.

b. Minor theft is an example of infraction

Which of the following is not a legitimate defense for a tort claim? a. Permission from the owner b. Negligence of the owner c. Abandonment by the owner d. No showing of harm to the property

b. Negligence of the owner

Many states allow a manufacturer to avoid liability if the product was manufactured many years before the injury. This is known as the doctrine of ___________. a. Last clear chance b. Repose c. Strict liability d. Res ipsa loquitur

b. Repose

The doctrine of _______states that when a defendant has exclusive control of a situation in which an injury occurs, the burden is the defendant's to show that negligence was not a factor. a. Dram Shop b. Res ipsa loquitur c. Forseeability d. Proximate cause

b. Res ipsa loquitur

Theft with the application or threat of force is defined as ___________. a. Burglary b. Robbery c. Embezzlement d. Larceny

b. Robbery

Which of the following situations is NOT an intrusion upon seclusion: a. Looking at someone's bank statement without their permission b. Selling pest control door-to-door c. Using binoculars to watch someone in his house d. Trespassing on someone's property

b. Selling pest control door-to-door

Which of the following is not true of a tort claim of trespass to land? a. A landowner must show that another person entered his/property without permission. b. The plaintiff must show a specific harm to his or her property. c. Trespass to land could include walking across property. d. The tort claim may be applied to persons or objects.

b. The plaintiff must show a specific harm to his or her property.

Which of the following is not true of causation? a. Forseeability limits liability in the proximate cause test. b. The proximate cause test is simple and straightforward. c. It must be shown that the plaintiff's injury is caused by a breach of the duty of care. d. The "But for" test states that the injury would not have occurred, but for the actions of the defendant.

b. The proximate cause test is simple and straightforward.

A Senator is running for President. A newspaper prints a false article about him having an affair with his press secretary. Which of the following is true? a. This type of defamation is called slander b. To file a defamation tort claim, the Senator must prove that the newspaper acted with malice c. A defamation tort exists because the article was printed with reckless disregard for the truth d. To file a defamation tort claim, the Senator must prove that the article hurt his reputation.

b. To file a defamation tort claim, the Senator must prove that the newspaper acted with malice

A party is guilty of ________ when it maintains control or ownership of an item belonging to another. a. Interference with a business relationship b. Trespass of chattel c. Interference with a contractual relationship d. Trespass to realty

b. Trespass of chattel

Which of the following is an example of interference with a business relationship? a. Luring an employee away from his/her employer b. Using intimidation to keep parties from patronizing a certain store c. Aggressive advertising that steals away customers from a competitor d. Refusing to continue a business relationship out of spite.

b. Using intimidation to keep parties from patronizing a certain store

In a _______case, a plaintiff may bring a negligence claim, but his/her damages award will be reduced proportionately to his/her blame in the incident. a. Last clear chance b. comparative negligence c. Contributory negligence d. Assumption of risk.

b. comparative negligence

A plaintiff engaging in behavior that contributes to his/her injury may be guilty of _________ negligence. a. Comparative b. contributory c. Affirmative d. Fiduciary

b. contributory

A minor traffic violation is a example of a ____________? a. Capital crime b. infraction c. Misdemeanor d. Felony

b. infraction

A prescription pill bottle that allows easy opening for children is an example of a defect in ___________. a. manufacture b. packaging c. Instructions d. Design

b. packaging

Under the doctrine of _______, the law holds that some activities are such a dangerous nature that, even if reasonable care is exercised, the party conducting the activity will be liable for any injuries incurred therefrom. a. repose b. strict liability c. Res ipsa loquitur d. Last clear chance

b. strict liability

What is the chief difference between a tort and a crime? a. A tort carries a public penalty. b. A tort occurs in the workplace while a crime occurs elsewhere. c. A crime carries a public penalty d. A tort is a legal, while a crime is illegal.

c. A crime carries a public penalty

All are true of torts except which of the following? a. Tort is the french word for "wrong" b. A tort is a private or civil wrong c. A tort is always intentional. d. A tort may be intentional or unintentional.

c. A tort is always intentional.

Which of the following is a true statement? a. A plaintiff who was partially responsible for his injury may still recover 100% of the available damages. b. Good Samaritan Laws shield doctors and other medical personnel from all medical malpractice lawsuits. c. According to comparative evidence, a plaintiff may bring a negligence claim, but his/her damages award will be proportionate to his/her blame in the matter d. A hockey player assumes the risk of getting his front teeth knocked out by a hockey stick after a referee has blown the whistle to stop the game.

c. According to comparative evidence, a plaintiff may bring a negligence claim, but his/her damages award will be proportionate to his/her blame in the matter

The _______ is a defense that bars a plaintiff from filing a negligence claim if he/she voluntarily engaged in dangerous activity. a. Last clear change b. comparative negligence c. Assumption of risk d. Contributory negligence

c. Assumption of risk

Frank throws an egg off his front porch wanting to see if it crack on the street. It inadvertently hits his neighbor John, who is walking his dog on the sidewalk. This is an example of which type of tort? a. Infliction of emotional distress b. False imprisonment c. Battery d. Assault

c. Battery

First degree murder is an example of a ______________? a. Misdemeanor b. infraction c. Capital crime d. Felony

c. Capital crime

The third element of negligence claim is __________ in which the plaintiff must show that the break of duty of care is caused of the injury suffered by the plaintiff. a. Breach b. Affirmative duty c. Causation d. Forseeability

c. Causation

A treadmill that does not come with a warning to always use the safety clip while in use is a example of a defect in ____________? a. packaging b. Instructions c. Design d. Manufacture

c. Design

All of the following are examples of tort of trespass to land except: a. Walking across someone else's property b. Shooting a bullet through the air across someone else's property c. Flying a model plane over someone else's property d. Leaving a broken-down car in someone's property.

c. Flying a model plane over someone else's property

A business that lures an employee away from his/her employer may be guilty of which type of tort? a. Fraud b. Interference with a business relationship c. Interference with a contractual relationship d. Disparagement

c. Interference with a contractual relationship

All are true of stealing a car except which of the following? a. It is a rime called theft b. It carries a public penalty. c. It is not considered a tort, because it carries a public penalty. d. It is a tort called conversion.

c. It is not considered a tort, because it carries a public penalty.

Which of the following is NOT true of fraud? a. it economically injures the victim who relies on the misinterpretation. b. It is knowing and material misrepresentation of fact c. It is not intended to deceive d. It may result if the perpetrator has reckless disregard for the truth.

c. It is not intended to deceive

The ________ doctrine states that if a plaintiff has placed him/herself at risk but the defendant could have prevented an incident, a negligence claim may be made. a. Contributory negligence b. Comparative negligence c. Last clear chance d. Assumption of risk

c. Last clear chance

A ______________tort arises when a person appropriates for his or her own use the name or likeness of another person. a. Intrusion upon seclusion b. False light c. Misappropriation d. Public revelation of private facts

c. Misappropriation

Tara recently broke up with Mike. In retaliation, Mike posted a compromising photo of Tara on the Internet. This is a example of which type of tort. a. False light b. Misappropriation c. Public revelation of private facts d. Intrusion upon seclusion

c. Public revelation of private facts

A party is guilty of __________ when it publishes false information about another's product, alleging that it is not what its seller claims. a. Interference with a business relationship b. Slander of Title c. Slander of quality d. Interference with a contractual relationship.

c. Slander of quality

The first and central element of a negligence tort claim is __________ which one person owes another. a. affirmative duty b. causation c. duty of care d. forseeability

c. duty of care

A defendant who claims that the particular law he/she violated is not regularly enforced is employing which defense? a. duress b. mistake of fact c. mistake of law d. entrapment

c. mistake of law

Which of the following is true of strict product liability? a. To file a negligence claim, a product must be defective in all four areas: design, manufacture, instructions, and warnings. b. A plaintiff has no claim if he or she assumes the risk of a dangerous product c. Only the person who purchases a defective product may sue for relief. d. A plaintiff must show that a product is defective in one or more elements.

d. A plaintiff must show that a product is defective in one or more elements.

___________refers to the act of committing a crime. a. General intent b. Mens rea c. Tort d. Actus reus

d. Actus reus

Which is not true of assault? a. Fear is not a requirement. b. No physical contact is necessary c. it creates reasonable apprehension of imminent harm or offensive contact. d. Assault and battery always occur together.

d. Assault and battery always occur together.

A defendant who claims that an illness precludes him/her from being physically able to carry out a murder is employing which defense? a. mistake of law b. intoxication c. Insanity d. Diminished capacity.

d. Diminished capacity.

A person's taking over of property over which he/she has been entrusted by way of a fiduciary relationship is defined as ________. a. Fraud b. Conspiracy c. Money laundering d. Embezzlement

d. Embezzlement

Sally, a doctor, never liked Todd, one of her patients. When Todd comes in for a check-up, Sally falsely tells Todd that he has HIV. This is an example of which intentional tort? a. False imprisonment b. assault c. battery d. Infliction of emotional distress

d. Infliction of emotional distress

Which of the following is NOT true of conversion? a. It may be committed by inadvertence or by guilty design. b. It is any act that interferes or deprives the owner of personal property. c. It may include hiding property. d. It is only a tort claim if committed by guilty design.

d. It is only a tort claim if committed by guilty design.

Drug possession is a example of a ____________. a. Felony b. Infraction c. Capital crime d. Misdemeanor

d. Misdemeanor

A defendant who claims he/she was mistaken of a material fact and engaged in behavior that only looked like a crime is employing which defense? a. Mistake of law b. Diminished capacity c. Necessity d. Mistake of fact

d. Mistake of fact

A defendant who claims that it was necessary for him/her to break into a business to put out a fire is employing which defense? a. mistake of fact b. duress c. entrapment d. Necessity

d. Necessity

The doctrine of _________ states that a criminal act may be justifiable if it is necessary to prevent forseeable harm. a. Diminished capacity b. Entrapment c. Duress d. Necessity

d. Necessity

Which of the following is NOT true of a defamation tort? a. Statements of opinion are not defamation b. Written defamation is called libel. c. Untrue statements, if published with malice for a public figure, are grounds for a defamation tort. d. Only true statements are grounds for a defamation tort.

d. Only true statements are grounds for a defamation tort.

A ________tort arises when a person gives publicity about the private life of another that is not of legitimate concern to the public. a. False light b. Misappropriation c. Intrusion upon seclusion d. Public revelation of private facts

d. Public revelation of private facts

Which of the following is NOT an example of embezzlement? a. Siphoning money from a till in a restaurant b. Using company payroll in order to illegally take money c. Writing company business checks for personal use d. Taking the personal property of a coworker.

d. Taking the personal property of a coworker.

Which of the following is NOT true of strict liability offenses? a. They refer to crimes that do not require analysis to be found unlawful. b. Statutory rape of a minor is an example of a strict liability offense c. Possession of child pornography is a example of strict liability d. These offenses still require intent to be established.

d. These offenses still require intent to be established.

_________is an intentional tort that means restraining the movements of another? a. infliction of emotional distress b. assault c. battery d. false imprisonment

d. false imprisonment