Question 1

Tort law is set by federal law that is then implemented by the states.

Accepted Answer

A) True 
 B)False  False

Question 2

Which of the following is not true in regards to the innocent dissemination defense of online service providers (OSPs)  in Canada?

Accepted Answer

A)   There are no landmark cases or any legislation clearly establishing liability of OSPs.
B)   The defendant paid for the information that they authored or printed.
C)   The defendant does not know of the libel contained in the work published or authored by them.
D)   There was no reason for the defendant to suppose the work he or she authored or published would be libelous.
E)   It was not negligence on the defendant's part that he or she did not know that the work contained libelous material.F) A) and C)
G) A) and E) B

Question 3

Samantha creates photos featuring an unflattering photograph of the president of the college she attends and sells them outside of class for extra money. She did not obtain permission to use the photograph. Which of the following is true?

Accepted Answer

A)   Samantha has committed defamation of the college president in the form of slander.
B)   Samantha has committed defamation of the college president in the form of libel.
C)   Samantha has appropriated the photograph for commercial gain, which constitutes an invasion of privacy.
D)   Samantha has committed both defamation and invasion of privacy toward the college president.
E)   Samantha has not committed any tort.F) A) and B)
G) B) and C)

Question 4

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?

Accepted Answer

A)   There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called.
B)   When a retailer has reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time.
C)   Whenever a retailer has 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.
D)   The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police.
E)   The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive.F) None of the above
G) A) and C)

Question 5

[Feuding Neighbors] Taylor is angry because her neighbor, Jon, allows his dog to chase her cat, so she decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair from Jon's deck. She intends to keep the chair and not give it back. Taylor further takes a rake off of Jon's deck that she plans to return after she finishes raking her leaves. Jon did not give her permission to take the rake or the chair. Jon is not happy about the farm animals and the loud music.
-What action would Jon have against Taylor for taking the rake?

Accepted Answer

A)   Trespass to personal property.
B)   Conversion.
C)   Private nuisance.
D)   Negligence.
E)   Harassment.F) A) and C)
G) C) and D)

Question 6

Tort law consists of which of the following?

Accepted Answer

A)   A civil or criminal action in state court.
B)   A civil or criminal action in federal court.
C)   A breach of contract.
D)   A wrong or injury to another, including a breach of contract.
E)   A wrong or injury to another, other than a breach of contract.F) A) and D)
G) A) and E)

Question 7

[Pet Police] Min-ji breeds German Shepherd dogs. Daniel, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Daniel allowed Casanova to roam freely. Unfortunately, Casanova went to visit Min-ji's purebred German Shepherd. Mixed breed puppies resulted from the visit. Min-ji was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time an animal entered her property. Daniel and some of the other neighbors took offense. Daniel came to Min-ji's house while she was working in the yard. He walked behind her and shoved her. Min-ji did not see him coming. Min-ji turned around and proceeded to have a heated conversation with Daniel. Min-ji then drew her fist back and told Daniel that she was going to punch him in the nose. Min-ji raised back her arm and started to punch Daniel but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Liz, who was walking by on the street, saw Min-ji attempting to hit Daniel. Liz came over and grabbed Min-ji's hands, pinning Min-ji 's hands behind her back.
-Min-ji's action in jabbing Daniel after she missed his nose constitutes which of the following?

Accepted Answer

A)   Battery.
B)   Nothing, because his conduct would not be deemed offensive.
C)   Nothing, because she missed the nose, and Daniel was not actually hurt.
D)   Nothing, because by entering Min-ji's yard, Daniel consented to any offensive touching.
E)   Nothing, because Daniel deserved what he got.F) A) and B)
G) B) and D)

Question 8

A defendant is found liable for causing cancer due to the dumping of toxins into the river. The court awards a plaintiff who was sick $5 million in damages, in addition to compensating the plaintiff for all medical costs, lost wages, pain and suffering, and actual losses. The $5 million award is intended to ensure the company never dumps toxins again. The $5 million is an example of what type of damages?

Accepted Answer

A)   Nominal
B)   Compensatory
C)   Punitive
D)   Retaliatory
E)   RevengeF) B) and D)
G) C) and E)

Question 9

Which of the following is not a typical type of compensatory damage?

Accepted Answer

A)   Pain and suffering.
B)   Cost to repair damaged property.
C)   Medical expenses.
D)   Lost wages.
E)   Damages to punish the defendant for wrongdoing.F) B) and D)
G) B) and C)

Question 10

Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation?

Accepted Answer

A)   Politicians, but not entertainers, are generally considered to be public figures.
B)   Entertainers, but not politicians, are generally considered to be public figures.
C)   Small business owners and politicians, but not entertainers, are generally considered to be public figures.
D)   Politicians and entertainers, but not small business owners, are generally considered to be public figures.
E)   Small business owners, but not politicians or entertainers, are generally considered to be public figures.F) B) and E)
G) A) and E)

Question 11

Which of the following is true regarding awards of punitive damages in the U.S.?

Accepted Answer

A)   It is not always easy to predict what a court will do regarding punitive damages in any given case.
B)   Punitive damages may not be awarded in excess of $3 million.
C)   A ratio of punitive damages to compensatory damages greater than 9 to 1 violates due process.
D)   The Supreme Court ruled that the issue of punitive damages is for the jury and will not be disturbed on appeal, regardless of the ratio of punitive damages to compensatory damages.
E)   Awards of punitive damages in the U.S. are very similar to awards of punitive damages under the Canadian judicial system.F) B) and D)
G) All of the above

Question 12

In the U.S. system of torts, torts are commonly classified as:

Accepted Answer

A)   Intentional, negligent, or criminal, not strict liability.
B)   Intentional, criminal, or strict liability, not negligent.
C)   Intentional, negligent, strict liability, or criminal.
D)   Intentional, negligent, or strict liability.
E)   Civil or criminal.F) A) and B)
G) A) and E) D

Question 13

If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.

Accepted Answer

A) True 
 B)False

Question 14

Assault and battery are always claimed at the same time.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following torts seek to compensate people wrongfully subjected to litigation?

Accepted Answer

A)   Malicious prosecution, wrongful civil proceedings, and abuse of process.
B)   Wrongful civil proceedings, but not malicious prosecution or abuse of process.
C)   Abuse of process, but not malicious prosecution or wrongful civil proceedings.
D)   Malicious prosecution and wrongful civil proceedings, but not abuse of process.
E)   Malicious prosecution and abuse of process, but not wrongful civil proceedings.F) B) and D)
G) A) and E)

Question 16

Which tort occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact?

Accepted Answer

A)   Assault
B)   Battery
C)   Assault and battery
D)   Defamation
E)   Strict liabilityF) A) and B)
G) D) and E)

Question 17

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made ________.

Accepted Answer

A)   with actual malice
B)   negligently
C)   in print
D)   publicly
E)   to an employerF) A) and C)
G) B) and E)

Question 18

Which of the following is not an objective of tort law?

Accepted Answer

A)   To compensate innocent persons who are injured.
B)   To impose criminal penalties on those who commit wrongdoing.
C)   To contribute to an ordered society.
D)   To discourage retaliation by injured parties.
E)   To satisfy our collective sense of right or wrong.F) B) and C)
G) C) and E)

Question 19

In a much heated debate on the Senate floor in regards to whether or not to allow a new legislative reform to be voted on, two senators call each other liars, cheats and other unflattering words. One senator also accuses the other one of bribery. If one of the senators sues the other for defamation, is there a defense available to the defamation claim?

Accepted Answer

A)   Yes, a limited privilege
B)   Yes, an absolute privilege
C)   Yes, a legal privilege
D)   Yes, a negligence privilege
E)   No, there is no privilege allowed for defamation.F) B) and D)
G) C) and D)

Question 20

What type of torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes?

Accepted Answer

A)   Criminal
B)   Liability
C)   Intentional
D)   Negligent
E)   Strict-liabilityF) A) and E)
G) B) and C)

Exam 8: Tort Law

Tort law is set by federal law that is then implemented by the states.

Correct Answer
verified
False

Which of the following is not true in regards to the innocent dissemination defense of online service providers (OSPs) in Canada?

Correct Answer
verified
B

Samantha creates photos featuring an unflattering photograph of the president of the college she attends and sells them outside of class for extra money. She did not obtain permission to use the photograph. Which of the following is true?

Correct Answer
verified

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?

Correct Answer
verified

Correct Answer
verified

Tort law consists of which of the following?

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Which of the following is not a typical type of compensatory damage?

Correct Answer
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Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation?

Correct Answer
verified

Which of the following is true regarding awards of punitive damages in the U.S.?

Correct Answer
verified

In the U.S. system of torts, torts are commonly classified as:

Correct Answer
verified
D

If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.

Correct Answer
verified

Assault and battery are always claimed at the same time.

Correct Answer
verified

Which of the following torts seek to compensate people wrongfully subjected to litigation?

Correct Answer
verified

Which tort occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact?

Correct Answer
verified

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made ________.

Correct Answer
verified

Which of the following is not an objective of tort law?

Correct Answer
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Correct Answer
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What type of torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes?

Correct Answer
verified

Exam 8: Tort Law

Tort law is set by federal law that is then implemented by the states.

Correct AnswerverifiedFalse

Which of the following is not true in regards to the innocent dissemination defense of online service providers (OSPs) in Canada?

Correct AnswerverifiedB

Samantha creates photos featuring an unflattering photograph of the president of the college she attends and sells them outside of class for extra money. She did not obtain permission to use the photograph. Which of the following is true?

Correct AnswerverifiedShow Answer

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Tort law consists of which of the following?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is not a typical type of compensatory damage?

Correct AnswerverifiedShow Answer

Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation?

Correct AnswerverifiedShow Answer

Which of the following is true regarding awards of punitive damages in the U.S.?

Correct AnswerverifiedShow Answer

In the U.S. system of torts, torts are commonly classified as:

Correct AnswerverifiedD

If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.

Correct AnswerverifiedShow Answer

Assault and battery are always claimed at the same time.

Correct AnswerverifiedShow Answer

Which of the following torts seek to compensate people wrongfully subjected to litigation?

Correct AnswerverifiedShow Answer

Which tort occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact?

Correct AnswerverifiedShow Answer

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made ________.

Correct AnswerverifiedShow Answer

Which of the following is not an objective of tort law?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

What type of torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes?

Correct AnswerverifiedShow Answer

Correct Answer
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False

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B

Correct Answer
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Correct Answer
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D

Correct Answer
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