Question
What kind of damages are awarded to compensate or reimburse a plaintiff for actual losses? transferred intent compensatory damages social damages punitive damages What kind
What kind of damages are awarded to compensate or reimburse a plaintiff for actual losses?
transferred intent
compensatory damages
social damages
punitive damages
What kind of damages are awarded to punish the wrongdoer and deter others from similar wrongdoing?
compensatory damages
social damages
punitive damages
transferred intent
Which intentional tort is any intentional and unexcused threat of immediate harmful or offensive contact?
false imprisonment
defamation
invasion of privacy
assault
Which intentional tort is the intentional confinement or restraint of another person's activities without justification?
defamatiom
battery
assault
false imprisonment
The intentional tort _________________ involves wrongfully hurting a person's good reputation.
defamation
false imprisonment
battery
assault
For defamation, publication requires defamatory statements must be:
communicated (either intentionally or accidentally) to person(s) other than the defamed party
posted on Facebook or Twitter
broadcast on a national news channel
published in a national newspaper
To successfully sue for ________________________, a person must have a reasonable expectation of privacy, and the invasion must be highly offensive.
assault
battery
defamation
invasion of privacy
Which one of the following is not an element or requirement to prove negligence?
breach of duty
trespass
a duty of care
damages
Professional negligence (negligence by professionals such as doctors and lawyers) is also called:
false imprisonment
malpractice
trespass
assault
Someone who volunteers to help someone in an emergency situation might be sued by the person who was aided. The volunteer who helped the injured person might be helped if the state has a:
Good Samaritan Statute
Trespass Statute
Dram Shop Act
Strict Liability Statute
Which one of the answers isnot a defense to a negligence claim?
false imprisonment
comparative negligence
assumption of risk
superceding cause
Ron, the manager of Deep Discount Store, detains Tom, whom Ron suspects of shoplifting. Tom sues Ron, alleging that the detention was false imprisonment. Ron may be liable if Tom:
did not actually shoplift
had probable cause to leave the premises
had not shoplifted in the past.
was detained for an unreasonably long time
If a state follows the ___________________ negligence standard, both the plaintiff's and the defendant's negligence are computed, and the liability for damages is distributed accordingly. For example, if plaintiff is 20% at fault, and defendant is 80% at fault, and plaintiff's damages are $10,000, plaintiff would be awarded $8,000.
intentional tort
comparative
conversion
contributory
Which is the category of tort that is "liability without fault"?
strict liability
intentional tort
conversion
unintentional tort
Plaintiff files a strict product liability lawsuit because she was injured by a defective product. Which of the follow could plaintiff not successfully name as a defendant:
a person who sold the product at his Saturday morning garage sale (a casual seller)
the store that sold the product (the retailer)
the distributor of the product
the company that manufactured the product (the manufacturer)
Which of the following couldnot result in a successful strict product liability lawsuit?
buying a new car from a Ford car dealer
buying a new ladder from Home Depot
hiring a lawyer to perform legal services
buying a new hair dryer from Target
All of the following except one is a type of product defect. Which one is not a type of product defect?
manufacturing defect
design defect
statute of repose
inadequate warnings
True or false? A manufacturer of a product must warn consumers of dangers from the foreseeable misuse of its products.
False
True
Which one of the following is not a potential defense in a strict product liability lawsuit?
transferred intent
knowledgeable users
unforeseeable product misuse
commonly known dangers
Which is a defense in a strict product liability case that says a manufacturer does not have to warn users of dangers that are commonly known?
assumption of risk
commonly known dangers
consent
self defense
The category of torts that is called strict liability applies when someone is injured by a defective product. Strict liability could also apply if injury results from which of the following activities:
blasting or storing explosives
transferred intent
standard of care
contributory negligence
A ________________ is a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known.
copyright infringement
trade secret
patent
trademark
Copy Time, Inc. uses, in its ads, a trademark that is similar to, but not identical to, a distinctive mark used by Fast Accurate Copy, Inc. Copy Time, Inc. may be liable for
copyright infringement
theft of trade secrets
trademark infringement
patent infringement
For which of the following can protection be extended by filing an application to renew?
trade secrets
copyrights
patents
trademarks
To be granted a patent, an invention must be:
novel, useful, and not obvious
a compilation of facts
an artistic production
kept a secret
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