USE ANSWER SHEET PROVIDED ONLY NO EXAM WILL BE GRADED WITHOUT LAST 4 DIGITS OF STUDENT 55# AND SECTION NUMBER ON ANSWER SHEET TRUE FALSE UESTIONS (Please indicate whether the sentence or statement is true or false. ) 1 Tort law is primarily state law. 2. Consent, if proven, is a defense to battery. 3. Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact. 4. Privilege is an affirmative defense in a defamation action. 5. Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists. 6. The courts generally hold that landowners have a duty to protect individuals on their property. 7. When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a certain duty of care toward the plaintiff. 8. Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit. 9. Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes. 10. Strict liability is liability without fault. 11. Attributing characteristics or beliefs to a person that he or she does not possess would constitute the privacy tort of false light 12. Whenever a retailer has a reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police. 13. The primary type of damages in tort law is referred to as nominal damages. 14. A person who commits a tort is often referred to as a guiltfeasor. 15. Assumption of the risk is a doctrine that allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff.ce that best completes the statement or answers the MULTIPLE CHOICE UESTIONS (Please identify the letter of the CM! question.) 16. Which of the following is true of the term "tort"? A. It is a French word meaning "wrong." B. lt is a German word meaning "mistake." C. It is a Latin meaning "misfeasance." D. it is an English word meaning "negligence." E. It is a civil law term meaning "liability." t ' 7 17. Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the followmg IS true. A. Robby's conduct constitutes a battery. Robby's conduct constitutes an assault. Robby's conduct constitutes both a battery and an assault. . Robby's conduct does not constitute an assault because there is no question of immediate bodily harm. Robby's conduct does not constitute an assault because there was no physical contact. GSUCJuJ 18. Mike gets angry because Ben made a better grade on a test than he did, They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions? Ben has committed a battery. Ben has committed both an assault and a battery. Ben has not committed an assault or a battery because he acted in self-defense. . Ben cannot rely on self-defense because he was involved in the argument and not completely innocent. Ben cannot rely upon self-defense because his life was not in danger. {aidan 19. Which of the following may a person accused of defamation raise as a defense? A. Truth only. 8. Privilege only. C. Need and truth. D. Need, truth and privilege. E. Truth and privilege. 20. Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true? Annie has committed defamation of the college president in the form of slander. Annie has committed defamation of the college president in the form of libel. Annie has appropriated for commercial gain the photograph which constitutes an invasion of privacy. Annie has committed both defamation and invasion of privacy toward the college president. Annie has not committed any tort. aim'u'o Ld 21. Bill decides to install two-way mirrors in the dressing room of his ladies' clothing store. He has a habit of watching ladies while they try on clothing. Which of the following has Bill committed? A. intrusion on an individual's affairs or seclusion. B. Slander. . Libel. C D. False light invasion of property. I E. Both false light invasion of property and intrusion on an individual's affairs or seclusion. Page 2 ON omz NO. 329. Why are punitive damages awarded? To punish the offender only. . To deter others from committing similar offenses only. To reimburse a plaintiff for his or her losses only. To punish the offender and to deter others from committing similar offenses. E. To punish the offender, to deter others from committing similar offenses and to reim losses' {to u'o' burse a plaintiff for his or her 30. When would a defendant use the doctrine of res ipsa loquitur? A. To allow thejudge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care. 8. To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm. C. To allow the judge and jury to presume the plaintiff is guilty of contributory negligence. D. To allow the judge and jury to presume the plaintiff destroyed evidence. E. None of the above. 31. What does the term "negligence per se" mean literally? A. Pure negligence. 8. Select negligence. C. Negligence in or of itself. D. Absolute wrongdoing. E. Allowable negligence. 32 Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault? A. Assumption of the risk. Last-clear-chance. Modified comparative negligence. . Pure comparative negligence. Both modified comparative negligence and last-clear-chance. m'u'o ui 33. Which is the most difficult part of establishing the defense of assumption of the risk? A. Showing that the plaintiff assumed the risk of the actual harm suffered. B. Showing that the defendant was aware that the plaintiff assumed the risk. C. Showing that the plaintiff was aware of applicable law. D. E. Showing that the plaintiff signed the contract assuming the risk without duress. None of the above because assumption of the risk is not a defense. 34. Which of the following is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered? A. A surprise event. 8. A superseding cause. C. A relative cause. D. An unusual cause. E. None of the above because an unforeseeable event may not interrupt a chain of causation. 35. Which of the foliowing is a condition required for the imposition of strict liability? A. The activity involves negligence. 8. The activity involves trespassing. C. The activity is undertaken by a minor. D. The activity is so inherently dangerous that it cannot ever be safely undertaken. E. The activity is heavily regulated.22. Which of the following is defamation of a busi A. Disparagement. B. Interference with a contract. C. Conversion. D. Derogation. E. Abuseoftitle. ness product or service? 3 50b, Who has a large trust fund, is angry at Alice because she stopped dating him. Alice ran a successful dog grooming shop but Bob decided to open a dog grooming shop next door solely to run her out of business because he was ang"! over the break up. Which of the following is correct? A. Bob has committed the tort of unfair competition. 8. Bob has committed the tort of interference with contract. C. Bob has committed the tort of unfair competition and also the tort of interference with contract. D. Bob has committed the tort of disparagement. E. Bob has not committed any tort. 24. Which of the following is behavior that creates an unreasonable risk of harm to others and involves the failure to exercise reasonable care to protect another's personal property? A. Negligence. B. Strict Liability. C. Compensatory conduct. D. Intentional wrongdoing. E. Both negligence and intentional wrongdoing. 25. Which of the following must a plaintiff prove to win a negligence case? . Duty, breach of duty and causation. Breach ofduty only. Duty and causation only. Causation and damages. . Duty, breach of duty, causation and damages. (cdu'dtu 26. Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence case against the professional referred to as a case. . Malfeasance Malpractice . Mistake Physician liability Physician guilty