Question 47 During a criminal trial, a witness made several critical statements about the accused. Assume that the witness, during cross-examination, stated that the accused was guilty of Not yet criminal behaviour, in bribing a co-worker to lie. The accused is eventually acquitted, but he now sues the witness in the tort of defamation. Of the following defences to defamation answered reviewed in class, the defence most likely to succeed in the above case is: Marked out of 1.00 Select one: Flag O a. Qualified privilege. question O b. Fair comment O c. Absolute privilege. O d. Responsible Journalism. Question 48 A student posted a message to the BLAW 2205 Moodle site's Discussions Board claiming that his instructor "is a crooked sleazebag because he cheats on his wife with 3 other girlfriends". Not yet This is totally untrue and has nothing to do with the class or the instructor's teaching. In light of that scenario, which one of the following statements is TRUE? answered Marked out of Select one: 1.00 O a. The student can avoid having to pay any damages to his instructor by arguing that the tort of defamation unjustly interferes with his freedom of expression. Flag O b. Even if the student can prove that his instructor "is a crooked sleazebag because he cheats on his wife with 3 other girlfriends", he will be successfully sued for the tort of defamation question because the statement he made was harmful to the instructor's reputation. c. The instructor should not bother suing the student for the tort of defamation because the defamatory statement the student made was not published to more than the 32 students in the class. O d. If it turns out that the instructor was the only person who saw the student's message before it was removed from the Discussions Board, then the student will not be successfully sued for the tort of defamation. Question 49 It's like 2:00am at the night club. Some guy wants to fight you in the back alley behind the bar. You decide to show up and fight. You hurt the other guy pretty bad as he didn't know you've Not yet been training in Kung-Fu for like 10 years. The other guy sues you for battery. What is your defence at trial? Choose the best answer. answered Marked out of Select one: 1.00 O a. It was necessity, you have to stand up for your honour. Flag O b. That you didn't intentionally hurt him, he just underestimated you. question O c. Everyone consented to the fight O d. It was self defenceQuestion 50 Citizen's arrest is one of the rare circumstances whereby someone can hold someone against their will but be protected from getting sued for false imprisonment. Not yet Which of the following is NOT part of the process of making a citizen's arrest as permitted under the Criminal Code? answered Marked out of 1.00 Select one: P Flag question O a. You have to see someone committing a crime. O b. You can then detain them (but not use excessive force). O c. You then have to inform the victim of the crime immediately (i.e. the owner of the business if you are detaining someone who is shoplifting). O d. Once you have the person detained, you have to contact the police or the RCMP. Question 51 Barb and Alice had just left Logan Drugs Ltd. when they were stopped by the store detective who told them he was going to detain them until a policeman came to Not yet charge them with theft for stealing a radio. In fact, nothing at all had been stolen by anyone. Barb was upset, felt compelled to wait and did wait. Alice, however, answered just walked away and left the mall. On these facts which of the following is true? Marked out of 1.00 Select one: P Flag a. Because there was no crime committed, both Barb and Alice could sue the detective for false imprisonment. question b. Because the detective wanted to hold them both, both Barb and Alice could sue him for nuisance. c. Alice could sue the detective for false imprisonment, but not Logan Drugs Lid. because only the detective committed a tort. O d. Barb could successfully sue for defamation, likely naming Logan Drugs Lid. as the Defendant. Question 52 A person could be liable for the tort of trespass (on land) for: Not yet answered Marked out of Select one: 1.00 F Flag O a. Leaving the wrong packages in the right person's garage. question O b. Leaving packages in the wrong person's garage. O c. Sleeping in the garage with the owner's permission. O d. Attending the "garage sale" at the designated time
