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1. A branch of tort law that imposes a much higher level of liability when harm results from ultrahazardous acts or defective products is referred

1. A branch of tort law that imposes a much higher level of liability when harm results from ultrahazardous acts or defective products is referred to as

a.

res ipsa loquitur.

b.

strict liability.

c.

heightened liability.

d.

strict negligence.

2. Harlan and Chaim have their house on the market for sale. Otto views the house and asks, "Does the basement leak?" Harlan and Chaim tell him no even though the basement does leak. Otto buys the house. Otto can sue Harlan and Chaim for

a.

intentional infliction of emotional distress.

b.

tortious interference.

c.

no tort because all sales are "buyer beware."

d.

fraud.

3. The general goal of compensatory damages is to

a.

find a way to help defendants avoid jail time for their crimes.

b.

restore plaintiffs to the position they were in before the injury.

c.

punish defendants for extreme and outrageous behavior.

d.

make defendants suffer as much as the plaintiffs suffered.

4. A customer in a restaurant would be considered an invitee, to whom the restaurant owner owes a duty

a.

to warn of known dangers.

b.

of reasonable care.

c.

only to avoid intentionally injuring him.

d.

of strict liability

5. The idea behind punitive damages is that

a.

torts that occur in a commercial setting are far more serious than torts affecting private individuals.

b.

certain behavior is so unacceptable that society must make an example of it.

c.

the right to free speech is not absolute and must sometimes be restricted.

d.

defendants must be restored to the position they were in before the injury.

6. Anders notices Shiloh appearing to pocket a bracelet in the jewelry department of the store where Anders works as a security guard. Anders takes Shiloh to his office and asks her to empty her pockets. Shiloh does and there is no bracelet. Anders is convinced the bracelet is somewhere on Shiloh's person, so he keeps Shiloh in his office without anything to drink or a restroom break for six hours. Shiloh may sue for

a.

assault.

b.

false imprisonment.

c.

battery.

d.

no tort.

7. The elements in a defamation case are

a.

defamatory statement; falsity; communication; injury.

b.

a contract; knowledge of the contract; improper inducement; injury.

c.

false or misleading fact statements; statements in commercial advertising; likelihood of harm.

d.

duty; breach of duty; proximate causation; damages.

8. Soledad accuses Marco of cheating on an exam and calls him a "cheater" to his face. She does not tell anyone else about her suspicions. Marco did not, in fact, cheat on the exam. Has defamation occurred?

a.

No, because no one else received the defamatory message besides Marco.

b.

No, because Soledad did not put her accusation in writing.

c.

Yes, because Soledad believed it was true.

d.

Yes, because Marco's feelings were hurt.

9. Tadeo is late for class and is rushing down the steps. He pushes against Darwin, who is in his way. Darwin stumbles and falls. Tadeo has committed

a.

an assault.

b.

a battery.

c.

no wrong.

d.

an imminent threat.

10. If a court applies res ipsa loquitur, the

a.

plaintiff needs to prove the case by a preponderance of the evidence.

b.

plaintiff must prove the case by clear and convincing evidence.

c.

defendant has the burden of proving they are not liable.

d.

defendant is strictly liable.

11. The single recovery principle

a.

allows victims of torts to sue only one person at a time.

b.

allows victims of torts to sue for only one tort at a time.

c.

requires an attorney to represent only one client per case.

d.

requires a court to settle a legal case once and for all by awarding a lump sum for past and future expenses.

12. Alexis tells Dalia that Dylan was convicted of armed robbery even though that is not true. This is

a.

libel per se.

b.

slander per se.

c.

not defamation unless Dylan can prove an injury.

d.

not defamation unless Alexis is in the legal profession.

13. Jett sues Lane for tortious interference with a contract. Jett must prove that there was a contract between Jett and

a.

Lane and that Lane breached the contract and Jett was injured.

b.

another party and that the other party entered into a separate contract with Lane and Jett was injured.

c.

another party and that the other party entered into a separate contract with Lane, Lane was a competitor of Jett's, and Jett was injured.

d.

another party and that Lane knew of the contract, Lane induced the other party to breach the contract, and Jett was injured.

14. Xu is injured in a car accident and suffers a head injury that might worsen over time. The court will find it difficult to determine

a.

future harm.

b.

present harm.

c.

proximate causation.

d.

factual causation.

15. Gannon and Kayla are in the middle of a bitter divorce. Gannon picks up their children from the bus stop on Wednesdays. One Wednesday, after losing a recent divorce hearing, Gannon wants to make Kayla pay so he calls Kayla and tells her the children were seriously injured in traffic at the bus stop, and he is taking them to the hospital. Gannon knows this will worry Kayla and upset her. Kayla rushes to the hospital to discover the children are fine. Kayla may sue for

a.

assault.

b.

intentional infliction of emotional distress.

c.

no tort, but she may have Gannon prosecuted for a crime.

d.

false imprisonment.

16. Rose is recovering from recent abdominal surgery and is suffering from intense pain. She has an MRI, which shows surgical gauze left in her abdomen. Rose may sue under

a.

strict liability.

b.

res ipsa loquitur.

c.

product liability.

d.

an intentional tort.

17. Willow asks Rory to watch her toddler son, Lyric, and Rory agrees to babysit. Rory now has

a.

a duty of due care to Willow.

b.

no duty of due care to anyone.

c.

a duty of due care to Lyric.

d.

a duty of special care to Lyric because Lyric is so young.

18. Arunesh writes a blog that is posted online for his readers to view. In his blog, Arunesh repeats an uninvestigated rumor that Brantley is embezzling from his company. This is

a.

libel.

b.

slander.

c.

not a tort.

d.

a crime.

19. Jennifer is speeding, and Mateo has run a stop sign when their cars collide at an intersection. Jennifer is injured and sues Mateo. If the state where the accident occurred follows contributory negligence, Jennifer is entitled to

a.

both personal injury and property damages.

b.

personal injury damages only.

c.

property damages only.

d.

no damages.

20. Suri publishes an article stating incorrectly that Geoffrey has been convicted of a crime. This is

a.

libel per se.

b.

not defamation unless Geoffrey can prove an injury.

c.

not defamation unless Suri's editor does not investigate.

d.

slander per se.

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