QUESTION 11

Louann pushes Molly, who falls and breaks her wrist. Louann is liable for the injury

	a.	only if Louann intended to break Moly's wrist.
	b.	only if Louann did not intend to break Moly's wrist.
	c.	only if Louann had a bad motive for pushing Moly.
	d.	if Louann intended to push Moly.

1.667 points

QUESTION 12

Oxley throws a rock intending to hit Pieter but misses and hits Ricardo who sustains an injury. Ricardo can most likely recover the cost of his injury from Oxley in a suit based on the tort theory of

	a.	invasion of privacy.
	b.	battery.
	c.	conversion.
	d.	trespass.

1.667 points

QUESTION 13

Jon wants to buy Kim's land, but she refuses to sell. Jon begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Kim to sell. This is

	a.	abuse of process.
	b.	wrongful interference with a contractual relationship.
	c.	not a tort.
	d.	appropriation.

1.667 points

QUESTION 14

Beth makes and markets cosmetics. For an ad, Beth superimposes her logo onto a photo of Chelsea, a famous model, suggesting that Chelsea uses Beth's products. Beth does not ask Chelsea's permission. Beth is most likely liable to Chelsea for

	a.	trespass.
	b.	appropriation.
	c.	fraudulent misrepresentation.
	d.	defamation.

1.667 points

QUESTION 15

Brad knows that the brakes on his truck do not work, but he tells Chris, a potential buyer, that there are no problems. On this assurance, Chris buys the truck. On learning the truth, she may sue Brad for

	a.	trade libel.
	b.	conversion.
	c.	no tort.
	d.	fraudulent misrepresentation.

1.667 points

QUESTION 16

Basil, a clerk at Cycle World, takes a bicycle from the store without the owner's permission. Basil is liable for conversion

	a.	if he fails to prevent a theft of the bicycle from his possession.
	b.	if he damages the bicycle.
	c.	if he does not have a good reason for taking the bicycle.
	d.	under any circumstances.

1.667 points

QUESTION 17

As a joke, Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam. As it relates to the initial taking, Jem may have committed

	a.	conversion.
	b.	appropriation.
	c.	trespass to personal property.
	d.	disparagement of property.

1.667 points

QUESTION 18

Oliver slips and falls on Port Harbor's Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent at fault, under the "50 percent rule," Oliver would recover

	a.	$0.
	b.	$400,000.
	c.	$250,000.
	d.	$500,000.

1.667 points

QUESTION 19

Richard, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Richard is sued by motorists and hikers injured in the collapse. As a professional, Richard is held to the same standard of care as

	a.	ordinary persons.
	b.	other professionals, including doctors, dentists, and lawyers.
	c.	those injured in the collapse of the bridge.
	d.	other engineers.

1.667 points

QUESTION 20

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery

	a.	even if Ichiro was only slightly at fault.
	b.	only if Ichiro was more at fault than Heather.
	c.	only if both parties were equally at fault.
	d.	only if Ichiro was less at fault than Heather.

1.667 points

QUESTION 21

Roadbuilders, Inc., uses dynamite in its operations. Sky-Hi Fireworx, Inc., stores explosives in its warehouses. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity will be

	a.	none of the choices.
	b.	Roadbuilders only.
	c.	Roadbuilders and Sky-Hi.
	d.	Sky-Hi only.

1.667 points

QUESTION 22

Parties who can be held liable on a theory of product liability for physical injury or property damage caused by defective goods include all of the following except

	a.	a user of the goods.
	b.	a lessor of the goods.
	c.	a maker of the goods.
	d.	a seller of the goods.

1.667 points

QUESTION 23

River Rock Company makes spas and hot tubs. Sterling files a product liability suit against River Rock, alleging a warning defect in one of its products. In deciding whether to hold the defendant liable, the court may take note that a manufacturer or seller has no duty to warn about risks that are

	a.	avoidable by an alternative design.
	b.	foreseeable.
	c.	obvious.
	d.	contrary to the instructions for the use of the product.

1.667 points

QUESTION 24

Rose, who is obese, files a product liability suit against Burger Meal Corporation (BMC), alleging that BMC's food is unhealthy because, as Rose knows, it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of

	a.	preemption.
	b.	assumption of risk.
	c.	comparative negligence.
	d.	knowledgeable user.

1.667 points

QUESTION 25

Island Breeze Company designs and makes desk, window, and ceiling fans. In a product liability suit based on negligence, Island Breeze could be liable for violating its duty of care with respect to all of the following except

	a.	the warnings on the labels of the fans.
	b.	the design of the fans.
	c.	the production process used to make the fans.
	d.	a consumer's unforeseeable misuse of a fan.

1.667 points

QUESTION 26

Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liability suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design's

	a.	weight and heft.
	b.	advantages and disadvantages.
	c.	aesthetics.
	d.	popularity among industrial designers and consumers.

1.667 points

QUESTION 27

Garage Magic, Inc., contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores. Ian buys one of the openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Magic, Ian must file a suit within four years of

	a.	Ian's discovery of an injury caused by the opener.
	b.	Home & Yard's sale of the opener to Ian.
	c.	Garage Magic's sale of the opener to Home & Yard.
	d.	Garage Magic's design of the opener.

1.667 points

QUESTION 28

Agro, Inc., sells seed to farmers. Bram buys and plants Agro seed on his farm, but no crop grows because the seed is defective. Bram sues Agro for product liability based on negligence. To win, Bram must show that

	a.	the "defect" was a commonly known danger.
	b.	Bram knew and appreciated the risk caused by the defect.
	c.	Bram suffered damage caused by the defect.
	d.	Agro sold the seed to Bram.

1.667 points

QUESTION 29

Ceramics Corporation makes ceramic products for commercial uses, including heat-resistant tiles for industrial ovens. When damage occurs in an oven at Dura-mold, Inc., liability may be imposed on Ceramics if the tiles sold to Dura-mold were

	a.	substantially changed after their sale.
	b.	in perfect condition at the time of their sale.
	c.	damaged by their use.
	d.	in a defective condition that was the proximate cause of the damage.

1.667 points

QUESTION 30

Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider

	a.	the assumptions of Wideload.
	b.	the identity of Wideload's owner.
	c.	the expectations of the ordinary consumer.
	d.	the intentions of Wideload.

1.667 points

QUESTION 31

The U.S. Constitution is the origin of the authority for making laws that govern business.

True

False

1.667 points

QUESTION 32

All powers not specifically delegated to the federal government are reserved to the states.

True

False

1.667 points

QUESTION 33

Under the Constitution, the judicial branch makes the laws.

True

False

1.667 points

QUESTION 34

The President determines the jurisdiction of the federal courts.

True

False

1.667 points

QUESTION 35

The judicial branch has the power to hold actions of the other branches of government unconstitutional.

True

False

1.667 points

QUESTION 36

The term police power encompasses just the enforcement of criminal laws.

True

False

1.667 points

QUESTION 37

The Second Amendment to the U.S. Constitution reserves all powers not delegated to the national government to the states.

True

False

1.667 points

QUESTION 38

Under the supremacy clause, a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject.

True

False

1.667 points

QUESTION 39

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.

True

False

1.667 points

QUESTION 40

The Eighth Amendment prohibits excessive bail and fines.

True

False

1.667 points

QUESTION 41

A defamatory statement must be communicated to a third party to be actionable.

True

False

1.667 points

QUESTION 42

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury .

True

False

1.667 points

QUESTION 43

A tortfeasor is one who wrongfully alleges that a tort has been committed.

True

False

1.667 points

QUESTION 44

The most widely used defense in negligence actions is consent.

True

False

1.667 points

QUESTION 45

False imprisonment occurs when a person restrains another intentionally and without justification.

True

False

1.667 points

QUESTION 46

Defense of others is a defense to an allegation of battery.

True

False

1.667 points

QUESTION 47

If it can be shown that a trespass to land was warranted, a complete defense exists .

True

False

1.667 points

QUESTION 48

Failure to live up to a standard of care may be an act or an omission.

True

False

1.667 points

QUESTION 49

Under the theory of negligence, the duty of care requires an intentional act.

True

False

1.667 points

QUESTION 50

Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.

True

False

1.667 points

QUESTION 51

Under the doctrine of strict liability, if there is no fault, there is no liability.

True

False

1.667 points

QUESTION 52

One characteristic of an abnormally dangerous activity is that it involves a low risk of serious harm.

True

False

1.667 points

QUESTION 53

The extreme risk of an activity is a defense against imposing strict liability .

True

False

1.667 points

QUESTION 54

One of the things a manufacturer must do in order to avoid product liability is to exercise due care in using the appropriate production process .

True

False

1.667 points

QUESTION 55

A design defect in a product will support the imposition of liability on a strict product liability basis.

True

False

1.667 points

QUESTION 56

Suppliers are generally required to expect reasonably foreseeable misuses of their products.

True

False

1.667 points

QUESTION 57

A statute of limitations may restrict the time within which an action in product liability may be brought .

True

False

1.667 points

QUESTION 58

A statute of repose places outer time limits on product liability actions.

True

False

1.667 points

QUESTION 59

A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products.

True

False

1.667 points

QUESTION 60

The doctrine of strict liability can be applied to sellers of goods, but not distributors.

True

False