1. what of the following is one description of a private citizen's right to arrest people?

• No private citizen has the right to arrest any person. Only peace officers may do so.

• All citizens have the right to arrest a suspicious person who is not in the process of committing any crime.

• A person who is not a peace officer may arrest any person who is in the process of committing an indictable offence.

• A known criminal can be arrested when identified by a private citizen.

• If a news report says that a person is suspected of committing a serious crime, then any private person can arrest the suspect.

2.Edith publishes a newspaper. She writes an article stating that Zack is a pedophile. This is not true and Edith knows that. What tort(s) has Edith committed?

• Libel and injurious falsehood

• Injurious falsehood

• Slander

• Libel

• Slander and injurious falsehood

3. In what of the following situations is defamation possible?

• Someone posts on social media that Marilyn Monroe killed herself.

• Someone writes that all tall people are rude.

• Someone calls Elvis Presley a thief.

• Someone writes that McDonald's uses rat meat in its burgers.

• Someone states that all people with blue eyes are liars.

4. What one of the following best describes the relationship between crimes and torts?

• The standard of proof for a criminal action is that the crime is more likely to have occurred than not.

• If a crime is prosecuted, then no further court action is permitted; the wrongdoer need face only one court proceeding.

• If a driver speeds excessively and causes injury to a person, the prosecutor must choose whether to allow a tort action or a criminal action.

• The level of proof for a tort action is different from that for a criminal action. As a result, there can be different outcomes for a criminal action compared to a tort action involving the same facts.

• A tort action is a public matter, whereas a criminal action is a private matter between the wrongdoer and the victim.

5. Which of the following regarding crimes and torts is true?

The main goal of a criminal proceeding is to compensate the victim.

A criminal proceeding is conducted by the victim.

The main goals of a tort action are to punish the wrongdoer and to deter future occurrences of the tort by the wrongdoer.

Both crimes and torts involve harmful conduct.

The state has no interest in the prosecution of criminal offences; only the victim has an interest in the outcome.

6. Which of the following qualifies for compensation as general damages?

Medical bills

Legal fees to date

Loss of wages to date

Loss of future wages

Fines because of the malicious nature of the action

7. Matt is at a bar. He is drunk and refuses to leave. The bouncer physically removes Matt and throws him on the street, kicking him into the gutter. Assuming a battery is proven, who is liable?

No one since Matt was not permanently injured

The bar owner alone because of vicarious liability

The bouncer alone because the bar owner told all employees not to use force on any patron

No one since Matt was trespassing

The bouncer and the bar owner (through vicarious liability)

8. Which one of the following is correct with respect to torts involving chattels (goods)?

To succeed in detinue, the claimant must prove the value of the goods at the time of trial.

The acquisition of goods through deceit is not actionable under conversion.

If a person intentionally takes goods against the wishes of the true owner, the wrongdoer will be tried only once, either in a civil court or in a criminal court but not both.

Trespass to goods only occurs where a person wrongfully asserts ownership over another's chattels.

If goods are destroyed, the wrongdoer must pay retail replacement value.

9.Quattro Corp. operates an Internet business from its offices in Ottawa. In the course of business activities, it collects significant information about its customers. It has been approached by a company with which it has not previously done business to purchase its digital customer information. Which of the following is a legal issue Quattro Corp. will not have to consider in such a transaction?

Whether such a sale will be consistent with its published privacy policy

Whether it is governed by PIPEDA or provincial privacy legislation

Whether it has collected and retained the information for appropriate purposes in the first place

Whether such a sale will violate the terms of its contract to buy paper

Whether it will have to obtain the consent of all of its clients to sell that information

10 Charlene has just received a letter in the mail from her local hardware store, where she shops often, informing her that personally identifying information, including possibly her credit card information, her social insurance number, and other provincial personal identification numbers, has potentially been disclosed to parties unknown because of a breach in the security of the store's customer records. Charlene learns from the news that an unencrypted laptop containing all of the information was left in a manager's car and stolen. Which of the following actions can Charlene not pursue against the store?

File a complaint with the Privacy Commissioner for a breach of PIPEDA

Commence a lawsuit for negligence

File a criminal complaint for defamation against the store

File a complaint with the Privacy Commissioner for a breach of the Privacy Act

Join a negligence class action against the store

11An employer secretly reads every email an employee sends even though company policy allows for personal use of company email on breaks and lunch. Does this violate the employees' rights?

No. A company has an unlimited right to watch its employees to prevent theft.

Maybe. Unlimited surveillance of employees could violate statutes designed to protect privacy.

Yes. Since the employee is allowed to use the computer for personal reasons, the employer can never justify any surveillance.

Yes. Everyone has the right to online access without monitoring.

No. Since the employer owns the computer, it can take any action.

12 Kevin downloaded a defective software program over the Internet from Palm Tree Software Corporation (Palmtree). Kevin lived in Calgary and wishes to sue Palmtree. Palmtree was located in California. Read each of the following and determine which one is true.

The legal system has yet to develop any rule over Internet cases.

If the relationship between Kevin and Palmtree was not passive and instead there was active two-way communication between Kevin and Palmtree, then that may be a factor for the Canadian court to consider.

If Palmtree has its server in California, then the Canadian court has jurisdiction.

Palmtree has to expect lawsuits from any jurisdiction because the Internet has no legal regulation.

Kevin only has to prove that he was located in Canada to get a Canadian court to take on a case related to the downloaded software.

13 what of the following statements about vicarious liability is false?

An employer is not liable if an employee hits a stranger while on vacation in another province.

Vicarious liability holds one person liable for the torts of another.

Vicarious liability is limited to employment contexts.

Vicarious liability is based on a relationship between the person who did the tort and the person being held liable.

An employer is liable if an employee hits a customer during a business transaction.

14 In which of the following situations could vicarious liability never be found?

Two children are playing tag when child 1 runs into a nearby car, denting it. Child 2 is sued.

An employee negligently hits another car while delivering a product to a customer. The employer is sued.

A child is throwing rocks at cars from a municipal playground, damaging several. The child's parent is sued.

A homeowner hires a neighbor to shovel his driveway; the neighbor damages another's rosebushes. The homeowner is sued.

A car owner lets another borrow his car and the borrower negligently hits a third party. The owner is sued.

15 Which of the following could be considered an assault?

Moving ones hands very close to another's face while saying "it was that big."

Walking towards a person with a hand in the air saying "I'll kill you!"

Standing next to a person having a loud, friendly conversation

Saying "I could just slap you" from across the room without moving while smiling

Walking towards a person with a hand in the air saying "Hi, how are you?"

16 What is the difference between the broad concept of trespass to chattels, and conversion?

Conversion occurs when someone borrows another's property and keeps it while a trespass to chattels occurs when someone takes another's property.

A trespass to chattels occurs when someone steals another's property while conversion occurs when someone borrows another's property with permission.

Conversion occurs when someone damages another's property while a trespass to chattels occurs when someone wrongfully takes another's property with the intent to destroy the owner's title to it.

A trespass to chattels occurs when someone damages another's property while conversion occurs when someone does not return another's property.

A trespass to chattels occurs when someone damages another's goods while conversion occurs when someone wrongfully takes another's goods with the intent to destroy the owner's possession of the goods.

17 Paul borrowed Peter's car to pick up his friend from the airport but refused to give it back when Peter asked for it the next day. What tort(s) dealing with wrongful interference with goods has Paul committed?

Breach of Confidence

Intimidation

Detinue

Deceipt

Conspiracy

18 Which of the following statements about false imprisonment is false?

An arrest cannot lead to a claim of false imprisonment.

False imprisonment can occur without physical force.

If a person agrees without intimidation or threat to be restrained, there is no false imprisonment.

False imprisonment cannot occur if the person holding another has the legal right to do so.

Police can never be liable for false imprisonment.

19 There is a vacant home in a suburban area. A business purchases the home and opens a pig farm. When the smell becomes so bad the neighbours cannot leave their homes, a neighbour sues. The correct cause(s) of action is(are):

Private nuisance

Private and public nuisance

Public nuisance

False imprisonment

Trespass to land

20 Which of the following situations constitutes the tort of conspiracy?

Two secretaries file complaints with HR because their boss is using abusive language and threats. The boss is demoted.

A group of students boycott the school cafeteria until it agrees to use organic produce.

A jealous husband files a false police report that his wife's co-worker threatened to kill him and the co-worker is fired.

A co-worker and a supervisor work together to falsify complaints in order to get another worker fired.

Two co-workers work together to spread rumors that a co-worker has bad breath to prevent her from finding a new relationship.

21 Which of the following situations constitutes the tort of conspiracy?

Two secretaries file complaints with HR because their boss is using abusive language and threats. The boss is demoted.

A group of students boycott the school cafeteria until it agrees to use organic produce.

A jealous husband files a false police report that his wife's co-worker threatened to kill him and the co-worker is fired.

A co-worker and a supervisor work together to falsify complaints in order to get another worker fired.

Two co-workers work together to spread rumors that a co-worker has bad breath to prevent her from finding a new relationship.

22 Which of the following statements is true regarding the tort of passing-off on the Internet?

Internet passing-off must be malicious to be actionable.

Passing-off cannot occur on the Internet.

Internet passing-off can occur when one business creates a domain name similar to another and uses that business as search terms.

Internet passing-off liability cannot be enforced without proof of monetary loss.

Internet passing-off only occurs when products are being sold.

23 Which of the following is not a unique challenge in online torts?

Online transactions can obscure the location of the seller.

The unclear location of buyers and sellers can make it difficult to determine the appropriate jurisdiction for a case.

People can pretend to be someone they are not.

Online data storage makes improper use of personal data harder to identify.

Use of secretly stored private information can be difficult to prove.

24 A person who operates an independent business finding insurance coverage for clients is

a buyer.

an insurance company.

a broker.

an insurer.

an insurance agent.

25 The obligation to act in good faith includes a requirement that the insured disclose all pertinent information. Why?

Because the insured is the only party with the information that could affect the insurer's rate decision

Because the insured sought insurance and therefore must be honest

Because the insurer is entitled to deny coverage if the information is not provided

Because the insurance contract always states the requirement in its terms

Because the insurer is the more powerful party and wants the information

26 An insurance policy is often unenforceable if the insured makes

any material misrepresentation.

a knowing and immaterial misrepresentation.

an innocent, material misrepresentation.

any misrepresentation.

a knowing, material misrepresentation.

27 The insurer's duty to process claims fairly means

it cannot refuse payment because of a material misrepresentation by the insured.

it cannot withhold payments without justification.

it cannot inquire into the circumstances of the loss before paying the claim.

it must make all payments without question.

it must process claims within the statutorily mandated period.

28 What is the difference between intentional torts and unintentional (negligence) torts?

Negligence actions usually result in awards for exemplary damages, whereas such damages are not available for intentional torts.

Other than when strict liability applies, both require fault, but intentional torts require proof of willful action.

Fault is required for both, but a bad motive is required for negligence actions.

Intentional torts must have proof of actual damages to succeed, whereas negligence torts do not.

Both can result in a lawsuit, but only intentional torts should concern businesspersons.

29 Which one of the following best describes the duty of care required for a successful negligence action?

We owe a standard of care to the reasonable defendant.

We owe a standard of care to the reasonable person.

We owe a duty to persons we can reasonably predict could be affected by our actions.

The duty of care is established only by statutes passed by a legislature.

We owe a standard of care to the reasonable victim.

30 Various factors affect the assessment of standard of care in a negligence action. Which one of the following is not a correct statement about the factors used to assess the standard of care?

A minor will have a standard of care that may not be the same as an adult's standard of care.

If a public official states that his or her conduct that led to injury was justified, then the court will not look any further into the case.

Standards of care are dependent in part on the alertness of the individual defendant.

The skill and understanding of an adult defendant is relevant to assessing the standard of care.

The expense to achieve an appropriate standard of care in respect of an adult defendant is a relevant consideration.

31 Occasionally the courts are presented with a new situation where the duty of care owed is not clear. When this occurs, the courts

dismiss the case because the courts will not expand the class of people owed a duty of care.

consider if there is a political reason the duty of care should not be expanded to this new situation.

apply the reasonabe foreseeability test to determine if the standard of care was too low.

determine if a duty would normally be owed and then consider if there is a social policy reason not to enforce that duty in the new situation.

apply the reasonable person test to determine if the duty of care exists.

32 In which of the following situations will the defence of voluntary assumption of risk apply?

After reading the manufacturer's waiver, Ed used a very sharp surgeon's scalpel to cut some paper. The scalpel slipped cutting Ed's hands causing serious injury. Ed sued the manufacturer of the scalpel.

George is intoxicated and knowingly gets into a taxi with another drunken passenger.

Bob did not read the instructions for assembling his gas barbecue. The barbecue later blew up causing Bob serious injuries.

Jerry visits Julie's home and realizes the front steps are missing but jumps up to the door and walks into Julie's home.

Mary entered the three-legged race but did not read the waiver of liability form she signed. The form had an unusually onerous clause absolving the event organizer of all liability.

33 Which of the following statements is true about the legal principle of ex turpi causa?

The plaintiff's illegal activity will be a complete defence to the plaintiff's claim.

This principle allows the court to assign to the plaintiff more than 50% contributory negligence.

For negligence to apply, not only must there be damage, but damage must be the direct result of the careless conduct.

Once the plaintiff has established that the defendant owed a duty to be careful to the plaintiff, negligence has been established.

Generally speaking, the illegal activity must cause the loss suffered by the plaintiff before the principle can be used to deny liability.

34 What is the negligence of an injured party that contributes to her own loss or injury is known as?

Contributory negligence

Voluntary assumption of risk

Volenti non fit injuria

Last chance doctrine

Ex turpi causa

35 A business

is never liable for harmful substances escaping from its premises.

may be vicariously liable for the negligent acts of its employees.

is almost never liable for injuries caused by defects in the products it sells.

can eliminate all legal risk by purchasing property insurance.

rarely is liable for injuries sustained by visitors to its premises.

36 Strict liability refers to

injury resulting from the breach of the standard of care.

liability that is imposed regardless of fault.

the careless causing of an injury to the person or property of another.

a wrongful act done to the person or property of another.

the liability of an employer to compensate for harm caused by an employee.

37 Beth buys a flashlight from Light Co. Light Co. made the flashlight and shipped it to Packer Inc. to place the batteries and pack it. When Beth opened the package, she noticed there was an odd bulge at the bottom of the flashlight but turned it on anyway. The batteries exploded, injuring Beth. Who is potentially liable for negligence?

Light Co. only because it made the flashlight and sold it under its name

Packer Inc. only because it placed the battery and packed the flashlight

All three parties. Both Light Co. and Packer Inc. may be held liable for any negligence committed, and Beth may be contributorily negligent for turning on the flashlight after she noticed the odd bulge.

No one. Because Beth negligently failed to inspect the flashlight, she cannot sue anyone for negligence.

Light Co. and Packer Inc. only because their combined actions created the harm.

38 Which of the following is not an indicator of the existence of a fiduciary duty?

A person relying on the advice provided by another person

The ability of a person to unilaterally exercise power or discretion to affect another person with whom she has a relationship

The scope for exercise of some discretion or power by one person over another

A professional relationship involving significant trust between the parties

A person being particularly vulnerable to or being at the mercy of another person holding discretion and power

39 A business may be held liable in various ways for its own acts, or the acts of its employees, that cause damage to its customers or clients and to the public in general. As a result, which of the following will a business not normally have liability insurance against?

Liability for the dangerous state of its premises

Liability for breach of its professional duty of care

Liability for defective products

Loss of profit due to interruption of business activities

Liability for negligent acts and omissions

40 What is the value of an insured loss?

The amount of the loss, within the limits of the policy

A statutory minimum established outside of the insurance policy

The full extent of the loss

The minimum stated in the policy

The stated amount of the policy

41 Sam and Steve are partners in a profitable lumberyard. If either of them dies, the surviving partner has to pay the estate a half interest in the assets of the business (to buy out the deceased partner's interest). Therefore, Sam and Steve have each taken out life insurance on the other to provide the necessary funds. Steve is involved in a bad car accident and dies. Does the insurer have grounds for refusing to pay the claim?

Yes, because the cause of Steve's death is unrelated to the business

No, because Steve was not the cause of his own death

Yes, because Sam does not have an insurable interest in Steve

Yes, because Sam did not practise utmost good faith with the insurer

No, because Sam has an insurable interest in Steve

42 An insurer has a number of obligations to satisfy its duty of good faith. Which one of the following is not one of those obligations?

Duty to arrange for a lawyer

Duty to defend uninsured issues

Duty to review relevant evidence

Duty to receive and process claims fairly

Duty to defend insured issues

43 Insurers may withhold payments or deny coverage when justified. When is an insurer justified in denying coverage?

Grandpa Adams died from an unknown heart condition. His widow claims on the life insurance policy.

An insured claims on an automobile policy where the insured lost control of the vehicle on an icy road and crashed into a fence, harming no one.

Muriel has kidney disease, but she did not tell her disability insurer when she applied for insurance.

Jerry drops a Ming vase and claims on his insurance.

Peter and Charles own a painting worth the insured value of $150 000. The painting is destroyed in a fire. Peter makes a claim.

44 Tom bought a bike for $500. He then insured his bike. Two years later, his bike is stolen from his yard. Tom notified his insurance company immediately and filed a police report. The insurance company processed the claim. It will give Tom

a bike of the same make and model.

a cheque for the market value or replacement value of his bike, depending on the terms of the policy.

$500.

a $500 voucher to an approved local bike shop.

a cheque sufficient to get a new bike.

45 Artie Dodger is always looking for an opportunity to make a fast buck. He decided to park his car near a four-way stop. He waited for another driver to fail to come to a complete stop at the stop sign. When that driver started to advance, Artie lurched his vehicle forward, colliding with the other vehicle. Artie then leaped out of the car clasping his neck howling in agony and yelling, "Whiplash!" Based on these facts, what is Artie's insurance company's best defence to Artie's claim?

Artie's forfeiture of the policy

Artie's voluntary assumption of risk

Artie's contributory negligence

There is not enough information to answer the question.

The other driver's illegal act

46 In which of the following situations would causation be found?

The defendant was juggling knives nearby when a third party's dog bit the plaintiff.

The plaintiff was falling down a cliff and the defendant did nothing.

The defendant set fire to the plaintiff's house.

The defendant's car had a burnt-out tail light when the parties collided head on.

The defendant robbed a bank. The plaintiff slipped on a puddle of water while leaving the bank after the robbery.