26.The unauthorized and harmful physical contact with another person is called:

Aassault.

Bbattery.

C.tort.

D.false imprisonment.

ANSWER:________________

27.A charge of defamation must prove:

A.the defendant made an untrue statement about the plaintiff but never made it public.

B.the defendant made a true statement about the plaintiff and made it public without

plaintiff's permission.

C.the defendant thought about making an untrue statement about the plaintiff and intended

to make it public.

D.the defendant made an untrue statement about the plaintiff and published it.

ANSWER:________________

28.A tort that constitutes the violation of a person's right to live life without being subjected to

unwarranted publicity is called"

A.invasion of the right of privacy.

B.tort of outrage.

C.violation of private property.

D.negligence.

ANSWER:________________

29.Two general categories of property are:

A.intentional and unintentional.

B.real and imagined.

C.trespass and conversion.

D.real and personal.

ANSWER:________________

30.A failure to exercise care or to act as a reasonable person would act is called

A.breach of the duty of care.

B.breach of contract.

C.breach of injury to plaintiff.

D.racketeering.

ANSWER:________________

31.Elements of negligence include all BUT which of the following?

A.the defendant owes a duty of care to plaintiff.

B.the defendant has mental impairment.

C.the defendant breaches the duty of care to plaintiff.

D.the defendant's negligent act caused the plaintiff's injury.

ANSWER:________________

32.Another term for proximate cause is ___________ cause.

A.legal.

B.appropriate.

C.disparaging.

D.negligent.

ANSWER:________________

33.To prove negligent infliction of emotional distress, the plaintiff must prove that

A.the plaintiff suffered severe emotional distress.

B.the plaintiff suffered at least a little emotional distress.

C.the plaintiff was offended by the defendant.

D.the plaintiff's mental distress resulted from merely thinking about an accident.

ANSWER:________________

34.A tort in which the violation of a law constitutes the breach of the duty of care is called negligence

A.in personam.

B.per se.

C.in loquitur.

D.per diem.

ANSWER:________________

35.Punitive damages are

A.limited to breach of contract actions.

B.recoverable for all tortious conduct.

C.are intended to punish and deter conduct.

D.always awarded in civil cases regardless of the amount in controversy.

ANSWER:________________

36.Strict liability is liability without

A.remorse.

B.discipline.

C.fault.

D.remedy.

ANSWER:________________

37.Bystander liability, aka Negligent Infliction of Emotional Distress, requires a showing of

A.close family relationship.

B.contemporaneous witnessing of the precipitating incident.

C.severe emotional distress by the plaintiff.

D.all the above.

ANSWER:________________

38.Brown vs. Board of Education of Topeka

A.established that the separate but equal doctrine was Constitutional.

B.was the last case wherein the US Supreme Court approved of the government treating similarly

situated differently based on race, religion, national origin and creed.

C.proves that law evolves to reflect social conditions.

D.is proof that law is static and not subject to change.

ANSWER:________________

39.The doctrine applied when someone intends to cause injury to a certain person, but instead actually

causes that injury to a different person is:

A.transferred intent.

B.innocent bystander.

C.multiple victim.

D.misplaced consequence.

ANSWER:________________

40.The difference between slander and libel is

A.slander is accidental; libel is intentional.

B.there is no difference.

C.slander is written defamation; libel is oral defamation.

D.slander is oral defamation; libel is written defamation.

ANSWER:________________

41.Merchant protection statutes protect merchants against

A.the intentional torts of their customers.

B.product disparagement claims of their competitors.

C.product disparagement claims of their suppliers.

D.false imprisonment claims of persons detained on suspicion of shoplifting.

ANSWER:________________

42.Intentional infliction of emotional distress requires a showing of

A.family relationship.

B.outrageous conduct.

C.simple negligence.

D.physical contact.

ANSWER:________________

43.Which of the following isnotrequired to establish negligenceper se

A.violation of a statute.

B.defendant intentionally violated the statute.

C.plaintiff was within the class of persons to be protected by the statute.

D.the statute was enacted to prevent the type of injury suffered.

ANSWER:________________

44.The tort of assault differs from the tort of battery in which of the following way:

A.assault is accidental; battery is intentional.

B.there is no difference.

C.assault claims may be brought on future threats, whereas battery claims may not.

D.assault requires proof of each of the separate elements of negligence.

E.assault requires the plaintiff to show that he/she was aware of the immediate danger.

ANSWER:________________

Questions 45 - 46 are based on the following facts:

Unlike his SFSU Gators teammate Mr. Sean "I'm Not Scott" Bowman, Andre "Longball" Glasnovic can really kick a soccer ball.One early Tuesday morning while "Longball" Glasnovic was practicing soccer at SFSU's Cox Stadium, he for the 100th time kicked a ball over the fence onto Nineteenth Avenue.Just moments before, BUS 320 Legal Scholar Sandra Draper found that ever-elusive 4-hour legal parking place on Nineteenth Avenue and parked her pride and joy 1983 primer grey Dodge Comet with the missing front quarter panel in front of the soccer stadium. Sadly, the soccer ball kicked by "Longball" Glasnovic struck the roof of Sandra's car and dented it.The ball then careened down Nineteenth Avenue toward Holloway Avenue.Just as the ball crossed Holloway, it rolled underneath a passing southbound 28 Muni Bus.The ball was picked up by the bus' circling tire and was then propelled eastbound at great velocity back toward Holloway Avenue.As the world's oldest business law professor was crossing Holloway enroute to class, the ball struck him. Fortunately, the ball did not cause any harm to the old professor, it only hit him in the head.

45.Assume that Sandra sues "Longball" Glasnovic and SFSU for the damage to her prized automobile.What is the likely result?

A.Sandra wins because it was reasonably foreseeable that someone as talented as "Longball"

Glasnovic could kick a soccer ball over the fence and damage a parked automobile.

B.Sandra loses, she assumed the risk of damage to her car when she parked it on a public street

in front of the soccer stadium.

C.Sandra wins because "Longball" Glasnovic was engaged in an ultrahazardous activity.

D."Longball" Glasnovic and SFSU win because neither intended the damage to Sandra'scar.

ANSWER:________________

46.Assume that the World's Oldest Professor sues "Longball" Glasnovic and SFSU for personal injury. What is the likely result?

A.Professor loses because he was not a foreseeable victim.

B.Professor wins because "Longball" Glasnovic and SFSUare responsible for all damage caused by

their negligence.

C.Professor loses because he cannot prove damages.

D.A and C.

ANSWER:________________

Questions 47 - 50 are based on the following facts:

After deciding to rob a bank and arming himself, Don Dastardly enters the Last National Bank alone.Dastardly attempted to murder the teller because the teller screamed upon seeing his gun.Dastardly fled the scene.The police are called.A witness, the ever-so-sweet-and-lovely Ms. Sweet Polly Purebred, recognized Dastardly and incredibly, she knows his cell phone number.She gives it Officer Frank Lee Fearless.Officer Fearless telephones the number and Dastardly answers and identifies himself.Without ever advising Dastardly of hisMirandarights, Officer Fearless launches into a lengthy interrogation of Dastardly.Dastardly eventually confesses to committing the crimes.

Bank robbery is a felony and a federal offense; robbery and attempted murder are state law felonies.A trial is held on the state law charges and results in an acquittal.This is the only lawsuit Dastardly has faced up to this point arising from this incident.

47.What is the complete list of legal actions that could be brought against Dastardly at this point arising from the bank robbery?

a.State criminal case, and federal criminal case.

b.State criminal case, federal criminal case, and a civil case by the teller for damages.

c.Federal criminal case, and a civil case by the teller for damages.

d.Either a state or federal criminal case, but not both, and a civil case by the teller.

ANSWER:________________

48.What other crime(s) has Dastardly committed?

a.Outrage.

b.Conspiracy.

c.Burglary.

d.Blackmail.

e.A and D

ANSWER:________________

49.After being acquitted of the State charges Dastardly is prosecuted in Federal court for bank robbery.What legal doctrine is implicated when a criminal suspect is prosecuted in two different jurisdictions?

a.Fourth Amendment - protection against unreasonable search and seizure.

b.Fifth Amendment - Separate Sovereign Rule.

c.Fifth Amendment - protection against self-incrimination.

d.Sixth Amendment - right to a speedy trial.

e.B and D

ANSWER:________________

50.Suppose that Dastardly complains that Officer Fearless violated hisMirandarights.How should the court rule?

a.Case dismissed -criminal defendants must always be advised of theirMirandarights.

b.Case dismissed -Dastardly's confession was involuntary.

c.Case proceeds -Dastardly implicitly waived hisMirandarights by answering his telephone

d.Case proceeds-Miranda does not apply because Dastardly was not in custody.

ANSWER:________________