BLAW Exam 2
Three of the airline companies agree that they will not go any lower than $100 each way for coast-to-coast tickets. This is: a. vertical price maintenance. b. a horizontal group boycott. c. vertical market allocation. d. horizontal price fixing.
d
Professor Staff hits her neighbor Glo in the head with a rock. Which tort has Professor Staff likely committed? a. assault b. conversion c. battery d. invasion of privacy
c
The concerted action requirement of the Sherman Act Section 1: a. may be established by an express agreement. b. is not met when a parent corporation and its wholly owned subsidiaries agree to a restraint in trade. c. requires factors, additional to conscious parallelism, such as identical sealed bids from each competitor. d. All of the above.
d
The definition of price-fixing includes agreements that: a. may, among other things, depress prices. b. stabilize prices. c. raise prices. d. All of the above.
d
To determine "market share" requires knowledge of which of the following? a. What other products are substitutable for the product. b. Where the product is sold. c. How much of the product is sold. d. All of the above.
d
Intentional harm to the person includes which of the following torts? a. Assault. b. Nuisance. c. Conversion. d. All of the above.
a
Bodily contact that is harmful or offensive can give rise to the tort of: a. assault. b. battery. c. defamation. d. appropriation.
b
If a small manufacturer of vacuum cleaners conditions the sales of its cleaners on the buyer's purchasing only that manufacturer's bags, under the Sherman Act this is: a. illegal per se. b. a tying arrangement, which will be closely scrutinized by the law. c. a vertical customer restriction. d. no violation.
b
Under Section 1 of the Sherman Act, which of the following is illegal per se? a. Vertical market allocations. b. Horizontal market allocations. c. Vertical price fixing. d. Both (b) and (c).
b
A form of strict liability applies to all except which of the following situations? a. A lawnmower sold in a defective condition that injures its owner. b. A fireworks factory that blows up and injures townspeople and their property. c. Abnormally risky medical procedures. d. A herd of goats that walk onto a neighbor's property and trample and eat the neighbor's roses.
c
A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if the: a. movie star was in a restaurant at the time. b. pictures were not published. c. movie star was in bed at the time. d. photographer never entered onto the movie star's property.
a
If Janice, while driving her car, carelessly runs into Paul, a pedestrian who is crossing the street within the crosswalk, Janice is liable in negligence for: a. physical injuries Paul sustains from the collision because Janice's negligent conduct proximately caused harm to a legally protected interest. b. offensive contact if her side mirror brushes against Paul, even if there are no physical injuries to him. c. offensive contact if her car touches Paul's coat, even if there is no damage to the coat. d. All of the above.
a
If the National Tax Accountants Professional Association (TAPA) has recommended that its members charge a minimum of $25 per hour for completing tax forms, this recommendation is probably: a. a per se price fixing violation of the Sherman Act. b. not a violation of the Sherman Act, because it has been made by a professional association. c. not a violation of the Sherman Act, because a fee is different from a price. d. subject to the rule of reason.
a
In normal times, the economic community is best served by: a. free competition in trade and industry. b. the elimination of competition. c. contracts and combinations that restrain trade. d. conscious parallelism to stabilize prices.
a
Seventeen-year-old Brice has just received his driver's license. He is driving a little too fast one day and slams into the back of another car, which has just stopped for a stop sign. Brice is: a. engaging in an adult activity and will be held to the same standard as an adult. b. a minor and will have no responsibility for his torts. c. not responsible, but his parents are responsible for any torts he commits. d. None of these are correct.
a
The reasonable person standard is: a. external and objective. b. external and subjective. c. internal and objective. d. internal and subjective.
a
The rule of reason test, under the Sherman Antitrust Act: a. considers the makeup of a relevant industry. b. does not consider the defendant's position in that industry. c. considers the defendant's need for the financial gain from the restraint of trade. d. does not consider competitor's ability to respond to the challenged practice of restraint of trade.
a
While jumping off a climbing wall, Professor Staff suffers a heart attack. If Professor Staff sues the owner of the wall, which of the following defenses will the owner most likely use? a. assumption of the risk b. comparative negligence c. contributory negligence d. res ipsa loquitur
a
A false communication made with knowledge of its falsity and with the intent to induce another to act is known as: a. disparagement. b. fraudulent misrepresentation. c. defamation. d. invasion of privacy.
b
A principal factor that the courts consider in determining limitations on the causal connection between the defendant's negligence and the plaintiff's injury is: a. negligence per se. b. unforeseeable consequences. c. superseding causes. d. Both (b) and (c).
d
An absolute privilege exists to protect which of the following defendants in defamation cases? a. Members of Congress on the floor of Congress. b. Statements made by the President of the U.S. in the discharge of official duty. c. Statements about a third party made to one's spouse when the couple is alone. d. All of the above.
d
Business torts consist of: a. interference with contractual relations. b. disparagement. c. fraudulent misrepresentation. d. All of these are correct.
d
Harms or injuries that are tortious may be inflicted: a. intentionally. b. negligently. c. without fault. d. All of these are correct.
d
In an article about a prominent judge, a newspaper indicates that the judge had organized crime connections. The judge sues. The judge will have a cause of action: a. if the suit is for defamation and the newspaper responsibly checked its sources. b. if the suit is a suit for intrusion. c. whether or not the newspaper checked its sources as long as the information printed is ultimately found to be untrue. d. if the statement, which was untrue, was made with malice.
d
Intentional harm to property includes the torts of: a. trespass to real and personal property. b. nuisance. c. conversion. d. All of the above.
d
Ron, a driver for American Trucking Company, is going too fast and causes a five-car accident on interstate highway. Ron and American Trucking are liable to a. all those who are injured. b. only those whose cars were immediately ahead and behind Ron's vehicle c. no one d. only those whose injuries could reasonably have been foreseen.
d
Sarreno Cheese Co. supplies mozzarella cheese to pizza restaurants at $1.50 per pound. In order to snare the business from one large pizza chain, Sarreno offers to sell them cheese at $1.25 per pound. This will violate the Robinson-Patman Act unless: a. the pizza chain can already get the cheese for $1.25 elsewhere. b. Sarreno can show its price is justified because of a cost savings based on quantity. c. Sarreno lowers the price to all its customers. d. All of the above.
d
The 1992 and 1997 Horizontal Merger Guidelines: a. were issued by the Justice Department to be additional to the FTC's separate guidelines. b. require a mechanical application; in order to reduce the previously used analytic framework, which was far too subjective and uncertain. c. rejects use of the Herfindahl-Hirschman Index. d. None of the above.
d
To which of the following does a property owner owe the highest duty of care? a. A trespasser b. A close friend who comes to the house for a party. c. A stranded motorist who comes on to the property seeking help d. A client who comes to an accountant's office for accounting advice
d
Which of the following are activities that give rise to strict liability? a. Performing abnormally dangerous activities. b. Selling defective, unreasonably dangerous products. c. Keeping animals. d. All of these are correct.
d
Which of the following is correct with respect to the reasonable person standard? a. It makes allowance for mental deficiency. b. It makes allowance for physical disability. c. It applies an individualized test to children that takes into consideration the child's age, intelligence, and experience. d. Both (b) and (c).
d
Which of the following is/are considered in determining the application of the reasonable person standard? a. Physical disability. b. Superior skill or knowledge. c. Emergency circumstances. d. All of these are correct.
d
Garnett, who was driving too fast for conditions, collided with a truck carrying explosives. The truck was unmarked, so Garnett had no way of knowing what it contained. The collision caused an explosion, which shattered glass in a building a block away. The glass injured Ida, who was working inside the building. John, who was walking down the street near the site of the collision, was seriously burned as a result of the explosion. a. Garnett's negligent driving is the proximate cause of Ida's injury. b. Garnett's negligent driving is the proximate cause of John's injury. c. Both Ida and John are within the zone of danger of the collision. d. All of the above.
b
Margaret tells the members of the Raleigh Association of Restaurant Owners that they will be able to get a better price on linen supplies (tablecloths, napkins) if they will deal with one supplier rather than split their business between two. They all know Margaret deals with Niagara Linen rather than Cayuga. Under the Sherman Act, if they all sign contracts with Niagara: a. there is no violation since there is no express agreement to boycott Cayuga. b. illegality may be implied from this conduct. c. there is no concerted action. d. this is horizontal market allocation.
b
Mark threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office. Mark: a. cannot be liable to the secretary for any torts because he did not intend to hurt her. b. can be sued by the secretary for her injuries based on an intentional tort cause of action because Mark's intent to harm the agent is transferred to the secretary. c. has committed a crime, but he is not liable for any torts. d. has committed the tort of intrusion.
b
Most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect: a. without physical discomfort. b. with probable cause, in a reasonable manner, and for not more than a reasonable time. c. for no more than thirty minutes. d. in a way that will not cause embarrassment or physical injury to the suspect.
b
The legal doctrine upon which Justice Cardozo based his decision in the Palsgraf case is the doctrine of: a. res ipsa loquitur. b. proximate cause and foreseeability. c. negligence per se. d. assumption of the risk.
b
The local supermarket has a large, glass front door which is well lighted and plainly visible. Nelson, who is new in the neighborhood, mistook the glass for an open doorway and walked into it. If he shattered the door and injured himself: a. the store is strictly liable to Nelson. b. the store is not liable to Nelson since the door was well lighted and plainly visible. c. the Palsgraf case would not allow Nelson to recover. d. the store has no duty to Nelson.
b
The manufacturer of Rubberware agrees to sell the distributor 1,000 boxes of 2-quart bowls only if he agrees to resell to the retailer at cost plus $1.10 per bowl and the retailer must agree to sell at no less than his cost plus $ .50 per bowl. This is: a. horizontal price fixing. b. vertical price fixing. c. vertical market allocation. d. a group boycott.
b
The rule which permits the jury to infer both negligent conduct and causation from the mere occurrence of certain events is: a. proximate cause. b. res ipsa loquitur. c. causation in fact. d. comparative negligence.
b
Tim and Steve are roughhousing in Tim's front yard when Steve intentionally pushes Tim onto the neighbor's property. In this case: a. Tim is a trespasser. b. Steve is a trespasser. c. Tim and Steve are both trespassers. d. None of the above.
b
Which of the following is NOT a special relationship giving rise to a duty to act to aid or protect one in peril? a. Hotel and guest. b. Aunt and niece. c. School and student. d. None of these are correct.
b
By law, all apartment buildings in New Jersey must have smoke alarms in the ceilings. Mary suffers smoke inhalation because the smoke alarm in her apartment building was not yet installed. To win a negligence action against the building owner, Mary would have to prove: a. a duty existed toward her. b. a breach of that duty. c. injury and causation. d. that the law exists.
c
Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cornmeal for the chickens. The chickens died and the neighbor sues. What is the likely result? a. Cal is not liable because he was not negligent in his spraying operation. b. Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence. c. Cal is liable because spraying pesticides is an abnormally dangerous activity. d. Cal is not liable for the damage because of contributory negligence.
c
Francenie was digging a trench to install a drainage pipe along her property line and in the process, she had to tunnel under a small area on her neighbor's property. The entry onto the neighbor's property: a. cannot be a trespass because it was beneath the surface of the land. b. is not a trespass unless there was some actual damage to the neighbor's land. c. is a trespass. d. is not a trespass if Francenie was under the reasonable belief that she owned all of the land on which she was digging.
c
In determining the duty of care owed by a defendant using the reasonable person standard, the court will consider which of the following factors? a. The existence of emergency conditions. b. A physician's training and years of experience. c. A person's severe mental retardation. d. Both (a) and (b).
d
In determining whether illegal monopolization has occurred and whether a firm has engaged in unfair conduct: a. a firm possessing monopoly power has the burden of proving it acquired such power passively or that the power was thrust upon it. b. the court will conclude that monopoly power, combined with conduct designed to exclude competitors, violates Section 1 of the Sherman Act. c. a court will find that monopoly power must be accompanied by some type of predatory practice. d. courts do not agree on what constitutes unfair conduct. Any of the above approaches may be used.
d
Intent as used in the law of intentional torts requires the defendant to: a. have knowledge or reckless disregard of the negligence of her action. b. desire to cause the consequences of her action. c. believe the consequences are substantially certain to result from her action. d. Both (b) and (c).
d
Invasion of privacy consists of: a. appropriation. b. intrusion. c. public disclosure of private facts. d. All of these are correct.
d
In order for there to be a violation of Section 2 of the Sherman Act, in addition to monopoly power, the courts must find: a. unfair conduct or abuse of power. b. concerted action. c. competitive behavior. d. economic advantage.
a
A restraint involving collaboration among competitors at the same level in the chain of distribution is: a. a vertical restraint. b. a horizontal restraint. c. price fixing. d. a trust.
b
Conglomerate mergers have been challenged only when: a. one of the merging firms would be highly likely to enter the other firm's market. b. the merged company would be disproportionately large, compared with the smallest competitors in its industry. c. All of these are correct. d. None of these are correct.
a
Mary's car was parked just outside the east door of the Civic Center. When she tried to exit, three ominous-looking gang members were blocking that door. She called the police, who arrested the three for loitering. If Mary brings suit against them for false imprisonment, she will: a. lose if there was another exit she could have used. b. lose because she was not harmed by the confinement. c. win even if there was another way out because she was, in effect, being confined to the Civic Center. d. win because they were blocking her passage to her car.
a
Professor Staff goes to her black Cadillac after class and finds Sam Student, a total stranger to her, in Professor Staff's car eating Whataburger and listening to a CD of The Randy Rogers Band. What tort has Sam committed? a. trespass to personal property b. assault c. trespass to real property d. battery
a
The National Cooperative Research Act provides that: a. joint ventures in the research and development of new technology are to be judged under the rule of reason test. b. treble damages apply to all joint ventures formed in violation of the antitrust laws. c. joint venture participants must under all circumstances report their intent to the Justice Department. d. joint ventures formed to divide markets and fix prices are not illegal.
a
The duty of a possessor of land to persons who come on the land usually depends on whether those persons are: a. invitees, trespassers, or licensees. b. reasonable persons. c. fiduciaries. d. involved in abnormally dangerous activities.
a
Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding," by prohibiting car owners from leaving the keys in their car if the car is unattended, is likely to be characterized as: a. negligence per se. b. res ipsa loquitur. c. contributory negligence. d. assumption of risk.
a
A newspaper article hints that a certain corporation is a front for illegal activity. The corporation: a. will lose a defamation suit because only natural persons can successfully bring defamation suits. b. will likely win a defamation suit if the statement is untrue. c. will likely lose a defamation suit because the press has an absolute privilege in this type of case. d. can win an invasion of privacy suit even if the statement is true.
b
In enacting Section 2 of the Clayton Act, Congress was concerned with sellers who sought to harm or eliminate their competitors through: a. mergers. b. price discrimination. c. tying arrangements. d. None of the above.
b
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 pure comparative negligence state, who is liable? a. Sally is liable for ALL of Pat's injuries. b. Sally is liable for Pat's injuries in proportion to the degree of fault or negligence found against her. c. Sally is not liable for any of Pat's injuries. d. Sally is liable for Pat's injuries only if Pat was more negligent than Sally.
b
Sarah joined a religious cult while a student at college. Her father hired a deprogrammer who spent several weeks with her, during which they occasionally went on outings. After Sarah met with her boyfriend one weekend, she rejoined the cult and sued her father and the deprogrammer for false imprisonment. In this case: a. Sarah will win because this is clearly false imprisonment. b. Sarah will lose because she had a reasonable means of escaping and voluntarily consented to the confinement. c. Sarah has committed the tort of abuse of process. d. Sarah's parents are guilty of intrusion but not of false imprisonment.
b
The Clayton Act deals with which of the following provisions? a. Supply discrimination. b. Tying contracts and mergers. c. Interlocking ties. d. Monopoly conspiracies.
b
The famous case of Palsgraf v. Long Island Railway provides an excellent example of how the court defines: a. res ipsa loquitur b. proximate cause c. negligence per se d. comparative negligence
b
Which of the following is true in relation to market share and monopoly power? a. A market share greater than 50 percent generally indicates monopoly power. b. A market share between 50 and 75 percent is, in itself, inconclusive in determining monopoly power. c. Market share is rarely used as a test of monopoly power because it is difficult to determine. d. Market share is a common test for monopoly power because it is an easy, objective measurement for courts to determine.
b
Which of the following occurs when the seller of a product, service, or intangible conditions its sale on the buyer's purchasing a second product, service, or intangible from the seller? a. Boycott. b. Tying agreement. c. Monopoly. d. Price fixing.
b
While driving her car 20 miles over the posted speed limit, Paula Professor struck Sam Student who was not paying attention and walked in front of Paula's car. When the case came to trial, the jury found that Paula was 60% negligent and Sam was 40% negligent. Sam's damages were $100,000. This accident occurred in a state that follows the comparative negligence law of recovery. How much can Sam recover from Paula? a. $100,000 b. $60,000 c. Zero d. $40,000
b
A merger involving noncompeting firms producing unrelated goods and services is termed a: a. tying arrangement. b. vertical merger. c. conglomerate merger. d. horizontal merger.
c
A radio communication that meets the test of defamation may also be categorized as: a. false light. b. slander. c. libel. d. intrusion.
c
A significant trend affecting business has been the bringing of defamation suits against former employers by discharged employees. Such suits comprise approximately what share of all defamation lawsuits? a. One fifth. b. One fourth. c. One third. d. One half.
c
All of the following are questions of fact to be determined by a jury (if there is one) EXCEPT: a. breach of duty b. damages c. duty d. proximate cause
c
As a general rule: a. the defenses available to intentional torts and negligence are interchangeable. b. if a plaintiff has established by a preponderance of the evidence all the required elements of a negligence action, the plaintiff will automatically recover damages. c. any defense to an intentional tort is also available in an action for negligence. d. more defenses are available for intentional torts than are available in negligence cases.
c
Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not show to anyone else. Ashley has committed: a. the tort of slander. b. the tort of libel. c. neither libel nor slander, because there has been no publication of the letter. d. the tort of false light.
c
Harold Homeowner does not like for people to walk across his yard. He rigs an animal trap to catch people who trespass. Tim is caught in the trap and severely injured while walking across Harold's yard. Which of the following statements is correct? a. Tim is a licensee b. Tim is an invitee c. Tim is a trespasser d. All of the above
c
Defenses to an action in strict liability include: a. contributory negligence only. b. contributory negligence and comparative negligence. c. comparative negligence only. d. voluntary assumption of risk and in some states comparative negligence.
d
Failure to comply with Section 1 or 2 of the Sherman Act: a. is a crime and can result in imprisonment. b. may subject an individual to a fine of up to $1 million per violation. c. may subject a corporation to a fine of $100 million per violation. d. All of the above.
d
Agreements by which the seller or lessor of a product conditions the agreement upon the buyer's or lessee's promise not to deal in a competitor's goods are: a. tying arrangements. b. exclusive dealing arrangements. c. attempts to monopolize. d. None of the above.
b
Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the laundromat. Arnold has committed: a. the tort of slander. b. the tort of libel. c. neither libel nor slander, because there has been no publication of the letter. d. the tort of false light.
b
Cameron doesn't like Bradley, so at a cocktail party he spread untrue rumors about Bradley's lifestyle. These rumors harm Bradley's reputation in the community. Cameron: a. is guilty of libel. b. is guilty of slander. c. cannot be subject to a defamation suit brought by Bradley. d. is protected by the First Amendment to the Constitution.
b
Harry Jones at Jones Brothers Furniture Co. does not like the Brite Lamp Co. representative, so he decided that Jones Brothers would boycott Brite. Under the Sherman Act, this is: a. per se illegal. b. no violation. c. a tying arrangement. d. vertical market allocation.
b
In which of the following situations would a court be likely to find an affirmative duty to act? a. Where a pedestrian witnesses an auto accident in which one of the drivers is injured. b. Where an airline attendant sees one passenger threaten another passenger. c. Where the driver of a car sees a two-year-old toddler wandering in the middle of a busy street. d. All of these are correct.
b
While driving his car five miles over the speed limit, Evan struck Darla, who was jaywalking across the street. When the case came to trial, the jury determined that Evan was 60 percent negligent and that Darla was 40 percent negligent. Darla's injuries are $10,000. If this accident occurred in a state following the comparative negligence theory of recovery: a. Darla will recover $10,000. b. Darla will not recover anything. c. Darla will recover $6,000. d. Darla will recover $4,000.
c
Andrew noticed Michael and his pregnant wife Georgette walking down the street and, as a joke, drove his car within inches of Michael. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy. Andrew has: a. no liability to Georgette, because he has not committed a tort against her. b. committed the tort of battery against Georgette. c. committed the tort of battery against Michael but has committed no tort against Georgette. d. committed the tort of intentional infliction of emotional distress against Georgette.
d
Arnie negligently stopped his car on the highway. Beth, who was driving along, saw Arnie's car in sufficient time to attempt to stop. However, Beth negligently put her foot on the accelerator instead of the brake. If she runs into Arnie's car as a result: a. Arnie's contributory negligence will prevent his recovery from Beth in all jurisdictions. b. Beth had the last clear chance to avoid the accident and will bear legal responsibility for it. c. Arnie has assumed the risk of the accident. d. because both parties were negligent, in a state that follows the comparative negligence doctrine, both parties will share the liability for their injuries.
d
Barb goes to Marlin's Department store to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle. Barb trips over the clutter and breaks her leg. What standard of care does the store have toward Barb under the circumstances? a. None, because she came to the store voluntarily. b. The store owes her a duty of only ordinary care, because she is a trespasser. c. Because she is a public invitee, the store must warn her of hazards of which the store knows but which Barb is not likely to recognize. d. Because Barb is a business visitor, the store must exercise reasonable care to protect her against dangerous conditions she is unlikely to discover.
d
Franco has the permission of George to walk across his yard on the way to school. If Franco brings twenty of his friends across the yard, and they stop to play ball: a. Franco is not guilty of trespass to real property, because he had George's permission to cross the yard. b. Franco's friends are not guilty of trespass to real property, because they were with Franco. c. Franco is guilty of trespass to real property, because he walked across the yard. d. Franco and his friends are guilty of trespass to real property, because they played ball in George's yard.
d
Mark is out sailing in his boat one evening when he hears a young girl crying for help in the middle of the lake. 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
With respect to the tort of conversion, which of the following statements is true? a. Conversion is an intentional exercise of dominion over another's real property that so seriously interferes with the right of control as to justly require the payment of damages. b. All conversions are nuisances. c. All trespasses are conversions. d. None of the above.
d
With tying arrangements, the courts may establish a seller's economic power by showing that: a. the seller occupied a dominant position in the tying market. b. the seller's product enjoys an advantage not shared by its competitors in the tying market. c. a substantial number of customers have accepted the tying arrangement and the only explanation for their willingness to comply is the seller's economic power in the tying market. d. All of the above.
d
The National Cooperative Research Act: a. prohibits using the rule of reason test in judging joint ventures in research and development of new technology. b. is designed to clear up uncertainty about the legality of joint ventures. c. now requires treble damages if joint ventures are formed in violation of Section 1 of the Sherman Act. d. All of the above.
b
The Supreme Court in the Leegin Creative Leather Products, Inc. v. PSKS, Inc. case, held that: a. the per se rule of unlawfulness is the appropriate standard to judge vertical price restraints. b. the rule of reason is the appropriate standard to judge vertical price restraints. c. resale price maintenance does not have economic dangers. d. vertical agreements setting minimum resale prices have only anticompetitive effects.
b
The intentional dispossession or unauthorized use of the personal property of another is known as: a. conversion. b. trespass to personal property. c. fraud. d. stealing.
b
We discussed the McDonald's Hot Coffee case as an example of what legal theory? a. negligence b. strict liability c. runaway juries d. both b) and c)
a
Which of the following is correct regarding the Clayton Act? a. It deals with price discrimination, tying contracts, and mergers. b. It added criminal sanctions to the Sherman Act. c. It repealed the Robinson-Patman Act. d. It included labor organizations in its coverage.
a
Which of the following must the plaintiff prove in an action for negligence? a. Injury. b. Res ipsa loquitur. c. A reasonable person. d. All of the above.
a
Which of the following remedies is available under the Sherman Act? a. Injunctions. b. Consequential damages. c. Restitution. d. None of the above.
a
Which one of the following is NOT one of the torts included within invasion of privacy? a. Nuisance. b. Intrusion. c. Appropriation. d. False light.
a
A ninety-year-old patient walked away from a nursing home and wandered onto some nearby railroad tracks. Once on the tracks, the patient stumbled and sprained his ankle. A few minutes later a train approached. The engineer saw the man on the track and could have stopped, but the train's brakes were defective. As a result, the train hit and killed the man. His family is suing the railroad for negligence. a. The patient has assumed the risk of wandering onto the railroad tracks. b. Because the patient was contributorily negligent, the railroad has no liability. c. The train had the last clear chance to avoid the accident so, in a state following the contributory negligence rule, the patient's negligence does not bar his estate's recovery. d. The train's striking of the man was an intervening cause, so the railroad company was negligent.
c
A(n) __________ is a sudden, unexpected event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit. a. res ipsa loquitur b. duty to act c. emergency d. None of the above.
c
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: a. the leaf was not a substantial factor in causing the damage. b. the gasoline in the lawn mower is a superseding cause of the damage. c. it was not foreseeable that the lawn mower would explode. d. the damage was not caused by the leaf but by the gasoline.
c
If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is: a. strict liability. b. res ipsa loquitur. c. negligence per se. d. assumption of the risk.
c
If all milk producers in the area agree to set a minimum price for raw milk, this would be an example of: a. horizontal allocation. b. vertical market restraint. c. horizontal price fixing. d. a tying arrangement.
c
In Soldano v. O'Daniels, the court re-examined the common-law rule of nonliability for not taking affirmative action to save someone from peril. The court considered which of the following factors with respect to imposing duties for affirmative action by third parties? a. The examination and balancing of intervening causes and physical capabilities. b. The financial duties of victim to rescuer. c. Moral blame attached to the defendant's conduct and the policy of preventing future harm. d. Moral blame attached to the victim's conduct.
c
In an attempt to limit the power of large purchasers, Congress amended Section 2 of the Clayton Act in 1936 by adopting the: a. Sherman Act. b. Federal Trade Commission Act. c. Robinson-Patman Act. d. All of the above.
c
In the Moore v. Kitsmiller case, the Texas Court of Appeals held that: a. the burden of proof of the affirmative defense of contributory negligence was on the plaintiff to prove beyond a reasonable doubt. b. it was unreasonable for the jury to infer that Moore was contributorily negligent. c. the affirmative defense of contributory negligence requires proof both that the plaintiff was negligent and that this negligence proximately caused his injuries. d. foreseeability does not require that a person of ordinary intelligence should have anticipated the danger created by a negligent act or omission.
c
McDonald's Corporation grants to Bob a franchise in which he will be the only one who has the right to sell McDonald's products in his small hometown. Under the Sherman Act: a. this is per se illegal. b. there is no violation. c. this will be tested under the rule of reason. d. there is a tying arrangement.
c
The intentional exercise of dominion or control over another's personal property which so seriously interferes with the other's right of control as to justly require the payment of full value for the property is: a. trespass to personal property. b. interference with economic interests. c. conversion. d. fraudulent misrepresentation.
c
The tort of __________ is a false communication, which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held. a. false light b. intrusion c. defamation d. disparagement
c
