The president of Tech-E, Holly, has made numerous public appearances opposing government regulation of the Internet. She has appeared on morning TV talk shows, radio call-in shows, and nightly news magazines. Holly feels that she has been defamed by a national newspaper. If Holly sues the newspaper for defamation, which statement is correct?

Holly will be successful because she is a public figure.

Holly will not be successful because the newspaper has absolute protection under the First Amendment's freedom of press.

Holly will be successful provided the story included an untrue statement of fact about her.

Holly will be successful if she can show that the newspaper acted with actual malice.

Holly will be successful if she can show that the newspaper acted with malice aforethought.

Minnesota has a law that requires drivers to turn on the car's headlights when the windshield wipers are in use. While driving in the rain with the windshield wipers in use, Marian forgot to turn on the car's headlights. Marian crashed into Wolfram's car. Since Marian breached the statutory standard, her conduct will be treated as

Res ipsa loquitur.

Intentional tort liability.

Negligence.

Negligence per se.

Strict liability in tort.

Bonavent and Wellington got into an accident and Bonavent was injured. Bonavent sued Wellington for negligence. The jury believed that Wellington's negligence was 35% responsible for the accident, while Bonavent's own negligence was 65% responsible for the accident. The jury also believed that Bonavent's injuries are worth a total of $200,000. In a state that follows the contributory negligence rule, Bonavent will be awarded

200,000.

$130,000.

$70,000.

nothing.

____________________ is the interference with the use and enjoyment of an individual's land.

________________________ is essentially a shortcut for negligence. Instead of having to prove all of the normal elements, a plaintiff would simply have to show that the injury was caused by something in the defendant's exclusive control, the injury generally only occurs in negligence, and the plaintiff was not the cause.

Jacqueline was the bookkeeper for Vop, Inc. To pay a gambling debt, Jacqueline took $5,000 in cash that was to be deposited in Vop's bank account. Jacqueline then altered Vop's accounting records to hide her actions. Which statement is correct?

Jacqueline committed no crime if she puts the money back before it is discovered missing.

The government can initiate a civil lawsuit for Vop because Jacqueline's conduct was criminal.

The government can initiate a criminal case against her for embezzlement.

The government can initiate a criminal case against Vop for embezzlement.

Jacqueline was the bookkeeper for Vop, Inc. To pay a gambling debt, Jacqueline took $5,000 in cash that was to be deposited in Vop's bank account. Jacqueline then altered Vop's accounting records to hide her actions. In a criminal case against Jacqueline, what is the burden of proof?

Group of answer choices

Preponderance of the evidence.

Clear and convincing evidence.

Beyond a reasonable doubt.

Probable cause.