BUL 3310 Quiz 1

State long arm statutes permit states to obtain personal jurisdiction over non-resident defendants regardless of the case facts.

False

The Federal Trade Commission takes the position that it is an unfair or deceptive trade practice under the Federal Trade Commission Act for firms to fail to honor their own privacy policies

True

The tort of false imprisonment requires that the plaintiff either knew he or she was confined or suffered harm as a result of the confinement.

True

Sid while driving his automobile down the street failed to observe a stop sign hitting Jane who was legally crossing the street at the time. What type of tort did Sid commit?

Unintentional tort (Negligence)

It is a common law doctrine under which judges are obligated to follow the precedents established in prior decisions.

What is stare decisis?

International Online is an internet service provider. One of it's subscribers posted a defamatory comment regarding another subscriber on its site and as a result defamed subscriber filed suit against the other subscriber and IO. The Court had to determine whether the case against IO could proceed. What is the answer?

Pursuant to the CDA IO is protected and the case against it must be dismissed.

What are the three types of jurisdiction?

Subject matter, personal and in rem

A court must have both subject matter jurisdiction and personal jurisdiction in order to hear and rule on a case.

True

A professional athlete injured during practice is deemed to have consented to the physical contact attendant to practice.

True

The U.S. Supreme Court has held that in order for a public official or public figure to recover damages for defamation by a media defendant, there must be a showing of:

actual malice.