Question 1

Under the doctrine of ________,the plaintiff may only recover the proportionate amount of damages attributable to the defendant's negligence

Accepted Answer

A)  contributory negligence
B)  comparative negligence
C)  contribution
D)  indemnityE) All of the above
F) A) and B) B

Question 2

Which of the following is true regarding assault?

Accepted Answer

A)  Assault is an intentional,nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent.
B)  Assault is an intentional,nonconsensual act that gives rise to the fear that a harmful or offensive contact is imminent.
C)  Assault is a negligent,nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent.
D)  Assault is a negligent,nonconsensual act that gives rise to the fear that a harmful or offensive contact is imminent.E) All of the above
F) B) and C)

Question 3

Under the defense of assumption of risk,the plaintiff must have

Accepted Answer

A)  been aware of and understood the nature of the risk.
B)  voluntarily chose to take the risk.
C)  been ignorant of the risk.
D)  been aware of and understood the nature of the risk and also voluntarily chose to take the risk.E) A) and C)
F) B) and D)

Question 4

Which of the following is the exercise of dominion and control over the personal property,rather than the real property,of another?

Accepted Answer

A)  Conversion
B)  Trespass
C)  Invasionary deceit
D)  Both conversion and trespassE) A) and D)
F) B) and C)

Question 5

The _________ doctrine imposes liability for physical injury to child trespassers caused by artificial conditions on the land.

Accepted Answer

A)  negligence per se
B)  foreseeable trespasser
C)  attractive nuisance
D)  respondeat superiorE) C) and D)
F) A) and D)

Question 6

Fact pattern 9-1
Frank belongs to the same country club as his former physician,Dr.Bozo.Frank recently started dating Dr.Bozo's former wife,Alice,and decided to find a new physician.Frank found out that Dr.Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety.Frank is very angry,confronts Dr.Bozo on the golf course and tells him that he is going to sue him under a federal law protecting medical information.Dr.Bozo laughs and says in front of a number of Frank's golfing buddies,"I'm not surprised that you're going nuts and that you have high blood pressure - hanging out with Alice has done that to many a man."
-Refer to fact pattern 9-1.What right of action,if any,would Frank have against Dr.Bozo?

Accepted Answer

A)  He has no cause of action against Dr.Bozo because the law does not protect this type of invasion of privacy so long as Dr.Bozo was being truthful regarding his health condition.
B)  He could sue Dr.Bozo under a federal statute enacted to protect privacy rights.
C)  He could not sue Dr.Bozo directly under any federal statute enacted to protect privacy rights,but he could likely prevail in a common law action for the public disclosure of private facts.
D)  He could not sue Dr.Bozo under federal law for invasion of privacy nor could he sue under a common law cause of action,but only because he was no longer Dr.Bozo's patient.E) B) and C)
F) None of the above

Question 7

In most jurisdictions,truth is not an absolute defense to a defamation claim.

Accepted Answer

A) True 
 B)False

Question 8

The tort of negligence does not include the element of ______.

Accepted Answer

A)  duty
B)  causation
C)  fault
D)  intentE) All of the above
F) A) and B) D

Question 9

What are the requirements for the application of res ipsa loquitur?

Accepted Answer

Res ipsa loquitur has three requirements...

Question 10

What does the term respondeat superior mean?

Accepted Answer

A)  Let the master answer
B)  Let the servant answer
C)  Let the servant or master answer
D)  The master was negligentE) C) and D)
F) B) and D)

Question 11

An employer may not be held directly liable under tort law for failure to use care in issuing a reference.

Accepted Answer

A) True 
 B)False

Question 12

Through the requirement of _________ cause the law places limits on the defendant's liability.

Accepted Answer

A)  proximate
B)  factual
C)  nearest
D)  recognizedE) None of the above
F) A) and B)

Question 13

Fact pattern 9-3
Alex and Blake got in a heated argument because Alex asked Blake's girlfriend out on a date.Blake decided that he wanted to scare Alex and drew back his fist to hit Alex.He stopped just as he was about to strike Alex in the nose.Alex yelled out,"You didn't scare me.I was ready for a fight!" Later,Alex decides that he would indeed like to sue Blake and asks your advice.
-Refer to fact pattern 9-3.What would you tell Alex regarding whether he should sue Blake for committing an assault?

Accepted Answer

A)  That it appears that the necessary elements are present for him to succeed in an action against Blake for assault so long as he can show apprehension of being struck.
B)  That he could not win in an action for assault because he admitted that he was not afraid.
C)  That he could not win in an action for assault because Blake did not actually strike him.
D)  That he could not win in an action for assault because it appears that Blake's actions were justified.E) A) and B)
F) B) and C) A

Question 14

Which of the following is not a part of the attractive nuisance doctrine?

Accepted Answer

A)  The landowner knew or should have known that children were likely to trespass.
B)  The condition is one the landowner would reasonably know involved an unreasonable risk of injury to children.
C)  The utility to the landowner of maintaining the condition is great.
D)  The children,because of their youth,did not discover the condition.E) B) and C)
F) A) and D)

Question 15

An employer may not be held vicariously liable for harm caused by an employee unless it can be established that the employee was acting within the scope of employment when the harm occurred.

Accepted Answer

A) True 
 B)False

Question 16

Trespass to personal property and conversion are different names for the same tort.

Accepted Answer

A) True 
 B)False

Question 17

The public disclosure of private facts that a reasonable person would find objectionable is a tort.

Accepted Answer

A) True 
 B)False

Question 18

Bill,a student at State University,needed a way to get some cash quickly.He took a photograph of State University's head cheerleader,Marla,and started selling jerseys with her photograph on the back under the caption of "She's Hot." Marla wants to sue for defamation.She asks you if she could win on a defamation claim and if there is anything else for which she should sue.Discuss the elements of the legal theories involved and what you should tell Marla.

Accepted Answer

ISSUES: Defamation is probably not the a...

Question 19

What must a plaintiff show to successfully sue for malicious prosecution?

Accepted Answer

A)  That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis.
B)  That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis,and that the earlier case was resolved in the plaintiff's favor.
C)  That a prior proceeding was instituted against him or her negligently and that the earlier case was resolved in the plaintiff's favor.
D)  None of the responses are correct.E) B) and D)
F) B) and C)

Question 20

In which of the following situations would the doctrine of res ipsa loquitur apply?

Accepted Answer

A)  A truck backed into a fence.
B)  A jar of jam fell on your foot.
C)  A post operative x-ray showed a surgical sponge in your stomach.
D)  A door slammed on your foot.E) None of the above
F) A) and B)

Exam 9: Torts and Privacy protection

Under the doctrine of ________,the plaintiff may only recover the proportionate amount of damages attributable to the defendant's negligence

Correct Answer
verified
B

Which of the following is true regarding assault?

Correct Answer
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Under the defense of assumption of risk,the plaintiff must have

Correct Answer
verified

Which of the following is the exercise of dominion and control over the personal property,rather than the real property,of another?

Correct Answer
verified

The _________ doctrine imposes liability for physical injury to child trespassers caused by artificial conditions on the land.

Correct Answer
verified

Correct Answer
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In most jurisdictions,truth is not an absolute defense to a defamation claim.

Correct Answer
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The tort of negligence does not include the element of ______.

Correct Answer
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D

What are the requirements for the application of res ipsa loquitur?

Correct Answer
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Res ipsa loquitur has three requirements...
View Answer

What does the term respondeat superior mean?

Correct Answer
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An employer may not be held directly liable under tort law for failure to use care in issuing a reference.

Correct Answer
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Through the requirement of _________ cause the law places limits on the defendant's liability.

Correct Answer
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Correct Answer
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A

Which of the following is not a part of the attractive nuisance doctrine?

Correct Answer
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An employer may not be held vicariously liable for harm caused by an employee unless it can be established that the employee was acting within the scope of employment when the harm occurred.

Correct Answer
verified

Trespass to personal property and conversion are different names for the same tort.

Correct Answer
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The public disclosure of private facts that a reasonable person would find objectionable is a tort.

Correct Answer
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Correct Answer
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ISSUES: Defamation is probably not the a...
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What must a plaintiff show to successfully sue for malicious prosecution?

Correct Answer
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In which of the following situations would the doctrine of res ipsa loquitur apply?

Correct Answer
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Exam 9: Torts and Privacy protection

Under the doctrine of ________,the plaintiff may only recover the proportionate amount of damages attributable to the defendant's negligence

Correct AnswerverifiedB

Which of the following is true regarding assault?

Correct AnswerverifiedShow Answer

Under the defense of assumption of risk,the plaintiff must have

Correct AnswerverifiedShow Answer

Which of the following is the exercise of dominion and control over the personal property,rather than the real property,of another?

Correct AnswerverifiedShow Answer

The _________ doctrine imposes liability for physical injury to child trespassers caused by artificial conditions on the land.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In most jurisdictions,truth is not an absolute defense to a defamation claim.

Correct AnswerverifiedShow Answer

The tort of negligence does not include the element of ______.

Correct AnswerverifiedD

What are the requirements for the application of res ipsa loquitur?

Correct AnswerverifiedRes ipsa loquitur has three requirements...View AnswerShow Answer

What does the term respondeat superior mean?

Correct AnswerverifiedShow Answer

An employer may not be held directly liable under tort law for failure to use care in issuing a reference.

Correct AnswerverifiedShow Answer

Through the requirement of _________ cause the law places limits on the defendant's liability.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedA

Which of the following is not a part of the attractive nuisance doctrine?

Correct AnswerverifiedShow Answer

An employer may not be held vicariously liable for harm caused by an employee unless it can be established that the employee was acting within the scope of employment when the harm occurred.

Correct AnswerverifiedShow Answer

Trespass to personal property and conversion are different names for the same tort.

Correct AnswerverifiedShow Answer

The public disclosure of private facts that a reasonable person would find objectionable is a tort.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedISSUES: Defamation is probably not the a...View AnswerShow Answer

What must a plaintiff show to successfully sue for malicious prosecution?

Correct AnswerverifiedShow Answer

In which of the following situations would the doctrine of res ipsa loquitur apply?

Correct AnswerverifiedShow Answer

Correct Answer
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B

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D

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Res ipsa loquitur has three requirements...
View Answer

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A

Correct Answer
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Correct Answer
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Correct Answer
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ISSUES: Defamation is probably not the a...
View Answer

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Correct Answer
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