QuestionQuestion 1Written defamation is known as

01 May QuestionQuestion 1Written defamation is known as

Question
Question 1
Written defamation is known as

libel.

slander.

malicious intent.

invasion of privacy.
5 points

Question 2
Which of the following was the result in Bodah v. Lakeville Motor Express, Inc., the case in the text involving whether a company violated its employees’ right to privacy by transmitting their names and Social Security numbers to managers in the company in an unsecured manner that could lead to identity theft?

The court ruled that publication occurred and that the employees could proceed with a cause of action based on invasion of privacy.

The court ruled that the employees had no right to privacy in relation to distribution of social security numbers because the numbers are issued by the government.

The court ruled that the employees could not proceed with an action for invasion of privacy because no publication of the information at issue occurred.

The court ruled that the employees could not proceed with an action for invasion of privacy because health information was not involved.
5 points

Question 3
Under the doctrine of ________, the plaintiff’s negligence is an absolute bar to recovery against the defendant.

contributory negligence

comparative negligence

contribution

indemnity
5 points

Question 4
Which of the following does not involve liability for an intentional tort?

A defendant is found liable for battery

A defendant is found liable for false imprisonment

A defendant is found liable based on successor liability

A defendant is found liable for invasion of privacy
5 points

Question 5
The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

trespass.

nuisance.

ultra hazardous activities.

strict liability.
5 points

Question 6
Minerva told Prudence that Prudence could park her farm tractor on Minerva’s land but only for one month. Two months later, Minerva is annoyed because the farm tractor is still on her land; and Prudence refuses to move it. Which of the following causes of action, if any, would Minerva have against Prudence?

Trespass

Nuisance

Negligence

Trespass and nuisance, but not negligence
5 points

Question 7
Which of the following is true regarding battery?

Battery is the negligent, nonconsensual, harmful or offensive contact with the plaintiff’s body or with something in contact with it.

Battery is the intentional, nonconsensual, harmful or offensive contact with the plaintiff’s body or with something in contact with it.

Battery is the intentional, consensual, harmful or offensive contact with the plaintiff’s body or with something in contact with it.

Battery is the negligent, consensual, harmful or offensive contact with the plaintiff’s body or with something in contact with it.
5 points

Question 8
Under the doctrine of _______ liability, once the court determines that multiple defendants are at fault, the plaintiff may collect the entire judgment from any one of them, regardless of the degree of that defendant’s fault.

joint and individual liability

cumulative liability

contributory liability

joint and several
5 points

Question 9
Alex and Blake got into 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 like to sue Blake and asks your advice on issues involving assault and battery. What would you tell Alex regarding whether he should sue Blake for committing an assault?

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.

That he could not win in an action for assault because he admitted that he was not afraid.

That he could not win in an action for assault because Blake did not actually strike him.

That he could not win in an action for assault because it appears that Blake’s actions were justified.
5 points

Question 10
Alex and Blake got into 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 like to sue Blake and asks your advice on issues involving assault and battery. What would you tell Alex regarding whether he should sue Alex for committing a battery?

That it appears that the necessary elements are present for him to succeed in an action against Blake for battery so long as he can show apprehension of being struck.

That he could not win in an action for battery because he admitted that he was not afraid.

That he could not win in an action for battery because Blake did not actually strike him.

That he could not win in an action for battery because it appears that Blake’s actions were justified.
5 points

Question 11
Paul attempted to hit Bruce without good cause; but Bruce ducked, and Paul hit Alice instead. Alice was shocked when she felt the blow because she had been looking the other way and did not see it coming. Which of the following is true regarding the cause of action, if any, Alice would have against Paul?

Alice would not have any cause of action against Paul because he hit her by accident.

Based on the theory of transferred intent, Alice would have a cause of action against Paul for assault.

Based on the theory of transferred intent, Alice would have a cause of action against Paul for assault and battery.

Based on the theory of transferred intent, Alice would have a cause of action against Paul for battery.
5 points

Question 12
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

intent.

negligence.

actual malice.

invasion of privacy.
5 points

Question 13
The _________ doctrine imposes liability for physical injury to child trespassers caused by artificial conditions on the land.

negligence per se

foreseeable trespasser

attractive nuisance

respondeat superior
5 points

Question 14
Which of the following is not a part of the measure of compensatory damages?

The cost to repair or replace an item.

The decrease in market value of an item.

Compensation for medical expenses.

Damages to deter others from engaging in similar conduct.
5 points

Question 15
What must a plaintiff show to successfully sue for malicious prosecution?

That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis.

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.

That a prior proceeding was instituted against him or her negligently and that the earlier case was resolved in the plaintiff’s favor.

That a prior proceeding was instituted maliciously, that the plaintiff was a public official or public figure, and that the earlier case was resolved in the plaintiff’s favor.
5 points

Question 16
Under which of the following systems may a plaintiff recover for any amount of the defendant’s negligence, even if the plaintiff was the more negligent party?

Pure comparative negligence

Ordinary comparative negligence

Contributory negligence

Assumption of the risk
5 points

Question 17
Which of the following is true regarding assault?

Assault is an intentional, nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent.

Assault is an intentional, nonconsensual act that gives rise to the fear that a harmful or offensive contact is imminent.

Assault is a negligent, nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent.

Assault is a negligent, nonconsensual act that gives rise to the fear that a harmful or offensive contact is imminent.
5 points

Question 18
What does the term respondeat superior mean?

Let the master answer

Let the servant answer

Let the servant or master answer

The master was negligent
5 points

Question 19
The tort of negligence does not include the element of ______.

duty

causation

fault

intent
5 points

Question 20
Which of the following was the result in Lev v. Beverly Enterprises-Massachusetts, Inc., the case in the text involving whether an employer could e held liable for negligence when an intoxicated employee causes an automobile accident after leaving a restaurant where he discussed work with his supervisor over drinks?

That based upon the principle of vicarious liability, the employer was liable to the plaintiff injured in the accident.

That under an employer-hose theory, the employer was liable to the plaintiff injured in the accident.

That based upon violations of its own alcohol-abuse policy, the employer was liable to the plaintiff injured in the accident.