This is a chapter quiz: Questions are there with the options. I need help with the right answers.

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1.)Which 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.

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.

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.

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

The main goal of a criminal proceeding is to compensate 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.

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

Both crimes and torts involve harmful conduct.

A criminal proceeding is conducted by the victim.

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

Legal fees to date

Medical bills

Loss of future wages

Loss of wages to date

Fines because of the malicious nature of the action

4.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)

5.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.

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

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

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.

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

6.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 it is governed byPIPEDAor provincial privacy legislation

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

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

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

7.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?

Join a negligence class action against the store

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 thePrivacy Act

File a complaint with the Privacy Commissioner for a breach ofPIPEDA

8.An 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?

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

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

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

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

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

9.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.

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.

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.

10.Which of the following statements about vicarious liability is false?

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

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

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

11.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.

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

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

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

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

12.Which of the following could be considered an assault?

Standing next to a person having a loud, friendly conversation

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 "Hi, how are you?"

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

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

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

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

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

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

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

14.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?

Deceipt

Breach of Confidence

Conspiracy

Detinue

Intimidation

15.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.

16.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):

Public nuisance

Private nuisance

False imprisonment

Trespass to land

Private and public nuisance

17.Which of the following situations constitutes the tort of conspiracy?

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

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

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.

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

18.Which of the following is not an example of passing-off?

Mrs. McDonald opens a furniture store with a sign saying "McDonald's Furniture" over the door.

A fried chicken restaurant names itself Kentucky Frying Chicken but almost exclusively uses the initials KFC with the words in tiny print.

A tech company called Pear uses an Asian (rounded) pear with a bite missing as its logo.

A company selling cheap watches calls its watch the Rolex2.

A local delivery service called United Package Service uses its initials and brown trucks to make deliveries.

19.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.

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

Passing-off cannot occur on the Internet.

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

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

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

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

People can pretend to be someone they are not.

Online transactions can obscure the location of the seller.

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

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