Test Questions & Answers Ch.6 Tort Law and Cybertorts

Business Law with UCC Applications, 15e (Sukys)

Chapter 6 Tort Law and Cybertorts

1) Jim ran a stop sign, hitting Martin's car, and both were injured. Jim can be liable for both criminal and civil injuries.

Difficulty: 2 Medium

Topic: Tort Law Defined

Learning Objective: 06-01 Differentiate between the objectives of tort law and those of criminal law.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

2) The doctrine of respondeat superior is also referred to as strict liability.

Difficulty: 2 Medium

Topic: Tort Law Defined

Learning Objective: 06-02 Outline the nature of respondeat superior.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

3) Punitive damages is an essential element of tort law, as well as comparative damages that may be placed on an individual.

Difficulty: 2 Medium

Topic: Tort Law Defined

Learning Objective: 06-03 Describe the element of duty.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

4) The Daubert v. Merrell Dow Pharmaceuticals case amended Rule 702 of the Federal Rule of Evidence and the United States Supreme Court Frye v. United States precedent.

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

5) Under the common law (non-statute), a storekeeper has the merchant protection rule which allows a store owner to detain a shopper without suspicion that an incident has occurred.

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Analyze

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

6) Truth can be a complete defense to a suit for libel, but only in the cases involving public figures.

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

7) Richard, a former U.S. Senator who is running for President, can successfully sue an Internet blog site for defamation by merely proving the statements printed in the tabloid are false.

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

8) To prevail in a case for disparagement, a plaintiff must prove she has suffered some accompanying physical injury.

Difficulty: 2 Medium

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

9) If William sues Sam for fraud with the intention of pressuring Sam to sell his business to William, William has committed fraud.

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

10) Proximate cause is the same as "cause in fact."

Difficulty: 2 Medium

Topic: Negligence

Learning Objective: 06-05 Explain the four elements of negligence.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

11) The defense of comparative negligence involves the complete failure of the injured party to be careful enough to ensure his personal safety.

Difficulty: 1 Easy

Topic: Negligence

Learning Objective: 06-06 Contrast contributory negligence, comparative negligence, and assumption of the risk.

Bloom's: Remember

AACSB: Ethics

Accessibility: Keyboard Navigation

12) The Classic Case of Overseas Tankship v. Morts Dock and Engineering involved a question of whether the harm suffered by the plaintiffs was reasonably foreseeable.

Difficulty: 3 Hard

Topic: Negligence

Learning Objective: 06-06 Contrast contributory negligence, comparative negligence, and assumption of the risk.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

13) Contributory negligence is a defense that completely prevents the plaintiff (the injured party) from recovering any damages.

Difficulty: 2 Medium

Topic: Negligence

Learning Objective: 06-06 Contrast contributory negligence, comparative negligence, and assumption of the risk.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

14) Assumption of risk can be used as defense to negligence if the victim is forced to enter the risky situation because no other choice is available.

Difficulty: 2 Medium

Topic: Negligence

Learning Objective: 06-06 Contrast contributory negligence, comparative negligence, and assumption of the risk.

Bloom's: Understand

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

15) James uses fireworks to celebrate the victory of his favorite team in the soccer finals. If James unintentionally injures a person walking on the pavement, he can be held responsible based on strict liability.

Difficulty: 3 Hard

Topic: Strict Liability

Learning Objective: 06-07 Judge when the doctrine of strict liability applies.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

16) A product in a defective condition is unreasonably dangerous to the user, consumer, or property.

Difficulty: 2 Medium

Topic: Strict Liability

Learning Objective: 06-07 Judge when the doctrine of strict liability applies.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

17) Cybertorts frequently involve intentional harm to an individual's physical well-being.

Difficulty: 2 Medium

Topic: Cybertorts

Learning Objective: 06-08 Discuss the emerging trends in cybertort law.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

18) Under the Communications Decency Act, an Internet service provider is strictly liable for hosting a blog containing false statements of a customer's personal experience at a well-known restaurant.

Difficulty: 2 Medium

Topic: Cybertorts

Learning Objective: 06-08 Discuss the emerging trends in cybertort law.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

19) Cyber disparagement involves false statements communicated through the Internet to others that in some way casts doubt upon the ownership or the quality of an item of property or a product offered for sale.

Difficulty: 2 Medium

Topic: Cybertorts

Learning Objective: 06-08 Discuss the emerging trends in cybertort law.

Bloom's: Understand

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

20) An injunction occurs when a court orders a defendant to pay damages or face jail time.

Difficulty: 2 Medium

Topic: Remedies for Torts

Learning Objective: 06-09 Outline the various remedies available in tort law.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

21) "Survival statutes" allow the family members of an individual, who is killed as the result of a tort, to sue the wrongdoer for the loss of support from the deceased.

Difficulty: 2 Medium

Topic: Developments in Tort Law

Learning Objective: 06-10 Point out some developments in tort reform.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

22) Wrongful death statutes allow a creditor to bring a lawsuit on behalf of the deceased.

Difficulty: 2 Medium

Topic: Developments in Tort Law

Learning Objective: 06-10 Point out some developments in tort reform.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

23) The primary purpose of tort law is to:

A) prevent and punish criminal offenders.

B) protect people from being tried twice for the same crime.

C) compensate for the injured party's loss.

D) protect victims' rights.

Difficulty: 2 Medium

Topic: Tort Law Defined

Learning Objective: 06-01 Differentiate between the objectives of tort law and those of criminal law.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

24) Criminal law differs from tort law in that:

A) criminal law involves a public wrong.

B) tort law involves legal action by governmental authorities.

C) tort law protects the public.

D) criminal law compensates the injured party's loss.

Difficulty: 2 Medium

Topic: Tort Law Defined

Learning Objective: 06-01 Differentiate between the objectives of tort law and those of criminal law.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

25) The theory of ________ means ________.

A) respondeat superior; torts committed by an employee during his employment will result in both the employee and the employer being held liable under tort law

B) respondeat superior; an employee may be held liable under tort law for the torts committed by her employer, while the employee was working at the organization

C) respondeat superior; an employee working with an organization and having committed a tort can be held liable for even though he or she did not intend the harm

D) proximate cause; an organization is not held liable under tort law for the torts committed by its employees during their work tenure at the organization

Difficulty: 2 Medium

Topic: Tort Law Defined

Learning Objective: 06-02 Outline the nature of respondeat superior.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

26) The Daubert case involved juriscience, the intersection of law and science, to help the court determine a question of real or:

A) vicarious liability.

B) causation in fact.

C) duty.

D) proximate cause.

Difficulty: 2 Medium

Topic: Tort Law Defined

Learning Objective: 06-03 Describe the element of duty.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

27) In a road rage incident, Jack aims a firearm at Reagan. No shots are fired and the incident is over in less than 15 seconds. Reagan may sue Jack for:

A) assault.

B) battery.

C) false imprisonment.

D) disparagement.

Difficulty: 2 Medium

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

28) New York Slimes journalist, John Q Public, intentionally misquotes U.S. Senator Smith who was giving a speech on the floor of the U.S. Senate. If Senator Smith wishes to sue Public for libel, she would have to prove the statement was a ________ statement made with ________ because of Smith's status as a ________.

A) disparaging; malice; limited public figure

B) privileged; recklessness; public figure

C) false; actual malice; public figure

D) false; malice; temporary public figure

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

29) Vienna is a quiet, reclusive, stay-at-home mom. However, last week she became a ________ after she rescued her neighbor's child from drowning in canal and was interviewed on national television as "America's Mom." As long as her notoriety lasts, she will be held to the ________ test.

A) limited public figure; actual malice

B) public figure; slander per se

C) temporary public figure; public disparagement

D) limited public figure; public privilege

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

30) The basis of the claim in Best Products, Inc. v. ABC News involved:

A) defamation.

B) invasion of privacy.

C) false disparagement.

D) food disparagement.

Difficulty: 2 Medium

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Understand

AACSB: Ethics

Accessibility: Keyboard Navigation

31) Munchburger, a fast-food outlet, sends an employee to hand out leaflets outside Hick's Burger, a competing fast-food outlet. The leaflets falsely accuse Hick's of using horsemeat in its burgers. Hick's may successfully sue Munchburger for:

A) disparagement.

B) invasion of privacy.

C) interference with a contractual relationship.

D) defamation.

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

32) ________ occurs when false statements or actions, or a combination thereof, are made by one party in a way that causes another party to rely on those misrepresentations and then suffer an injury or loss as a result.

A) Disparagement

B) Invasion of privacy

C) Abuse of process

D) Fraudulent misrepresentation

Difficulty: 2 Medium

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

33) Mitch is photographed attending a public school board meeting where violent protestors attacked members of the school board. Later, when Mitch runs for the school board, a local newspaper publishes Mitch's picture next to that of the violent protestors. Mitch may sue:

A) if the newspaper writes a false article with actual malice.

B) for creating a false light.

C) the newspaper, if he is able to prove the motive of the publisher.

D) the newspaper for both defamation and disparagement.

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

34) If Ann sued Sharon for assault without any factual basis, and the jury ruled in favor of Sharon, Sharon in turn may sue Ann for:

A) abuse of process.

B) contributory negligence.

C) misuse of legal procedure.

D) malicious prosecution.

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

35) When the misuse of the legal procedure involves the filing of a false civil lawsuit, it is called:

A) wrongful civil proceedings.

B) malicious prosecution.

C) abuse of process.

D) invasion of privacy.

Difficulty: 2 Medium

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

36) ________ is an element of negligence that occurs if the alleged tortfeasor has not met the appropriate standard of care.

A) Legal duty

B) Actual harm

C) Proximate cause

D) Breach of duty

Difficulty: 2 Medium

Topic: Negligence

Learning Objective: 06-05 Explain the four elements of negligence.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

37) ________ demonstrates that "but for" the defendant's actions, the plaintiff would not have been injured.

A) Proximate cause

B) Actual cause

C) Legal cause

D) The foreseeability test

Difficulty: 2 Medium

Topic: Negligence

Learning Objective: 06-05 Explain the four elements of negligence.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

38) At the conclusion of a tort trial, the jury finds the plaintiff about 30% responsible for the damages she suffered and the defendant about 70% responsible for causing the damages. The jury determines the actual damages totals to $100,000. How much will the plaintiff recover under contributory negligence?

A) $0.00

B) $30,000

C) $70,000

D) $100,000

Difficulty: 3 Hard

Topic: Negligence

Learning Objective: 06-06 Contrast contributory negligence, comparative negligence, and assumption of the risk.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

39) If a defendant can prove ________, the plaintiff can recover a share of the jury's verdict, depending on the relative fault of each party.

A) comparative negligence

B) partial comparative negligence

C) partial contributory negligence

D) contributory negligence

Difficulty: 2 Medium

Topic: Negligence

Learning Objective: 06-06 Contrast contributory negligence, comparative negligence, and assumption of the risk.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

40) Ching keeps a pet snake in her apartment. While Ching is hosting a party at her apartment, the snake escapes from its cage and bites a guest, seriously injuring the guest. The guest knew before attending the party that Ching has a pet snake in her apartment. If the guest sues Ching for the injury resulting from the cobra bite, Ching:

A) will be strictly liable.

B) may defend based on assumption of risk.

C) is liable only if she intentionally released the snake from its cage.

D) has no liability since the incident was unforeseen by her.

Difficulty: 3 Hard

Topic: Strict Liability

Learning Objective: 06-07 Judge when the doctrine of strict liability applies.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

41) ________ is the communication of false and destructive information about an individual through the use of electronic devices.

A) Cyberdisparagement

B) Cyberinvasion

C) Cyberdefamation

D) Cybermining

Difficulty: 2 Medium

Topic: Cybertorts

Learning Objective: 06-08 Discuss the emerging trends in cybertort law.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

42) ________ takes place when a hacker links multiple strings of data together and develops a data package that the target considers a compilation of private information, despite the public sources from which the hacker composed the package.

A) Cyber invasion of privacy

B) Cyberterrorism

C) Data mining

D) Cyberdisparagement

Difficulty: 3 Hard

Topic: Remedies for Torts

Learning Objective: 06-09 Outline the various remedies available in tort law.

Bloom's: Apply

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

43) Which of the following is true of survival statutes?

A) They allow suits to be brought for libel after the death of a defamed person.

B) They preserve the right to bring a lawsuit only if the death is caused by negligence of the defendant.

C) They can only be brought by family members who have lost the support of the deceased.

D) They preserve the right to bring a lawsuit for personal injuries, no matter what caused the death(s).

Difficulty: 2 Medium

Topic: Developments in Tort Law

Learning Objective: 06-10 Point out some developments in tort reform.

Bloom's: Understand

AACSB: Reflective Thinking

Accessibility: Keyboard Navigation

44) Carey was injured when hit by a truck driven recklessly by Steven, an employee of the American Trucking Company. On what basis may Carey sue the American Trucking Company when Steven was the individual being reckless?

Difficulty: 3 Hard

Topic: Tort Law Defined

Learning Objective: 06-02 Outline the nature of respondeat superior.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

45) As a prank, Amanda rigs a bucket of water over Leslie's front door so that Leslie will be soaked when she opens the door to go to work on Monday morning. Can Leslie successfully sue Amanda for the prank?

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

46) Bishop and Thomas had been partners and had a business disagreement that was resolved by private arbitration. Bishop now knows that Thomas is seeking a loan. Based on his personal experience with Thomas, Bishop tells a banker friend that Thomas is difficult to do business with and that anyone doing business with Thomas could be cheated. As a result of Bishop's statements, Thomas is denied a bank loan. Discuss what Thomas can do in this situation.

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

47) Kelvingrove Art Gallery falsely tells art collectors that many artworks being sold by Yesse Art Gallery are forgeries. Analyze the options that Yesse Art Gallery has to bring a lawsuit against Kelvingrove Art Gallery.

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

48) A tabloid journalist pays money to the trash collector of a celebrity movie star in order to obtain access to the celebrity's trash. The journalist then writes a story about the celebrity's lifestyle based upon the contents of the trash. The trash is locked in a special building on the celebrity's property and the trash collector has a key to the building and has signed a confidentiality agreement. Is truth a defense that the journalist may assert when sued by the celebrity?

Difficulty: 3 Hard

Topic: Intentional Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

49) Jason parked his car on a hill, but failed to set his parking brakes. The car rolled down the hill and hit another car, damaging it significantly. The owner of the other car, Yang, filed a lawsuit of negligence against Jason, who pledged that he had no intention of damaging anybody's property and that he shouldn't be made to compensate. Discuss the methods the court and the jury could use to arrive at a fair decision.

Difficulty: 3 Hard

Topic: Negligence

Learning Objective: 06-05 Explain the four elements of negligence.

Bloom's: Evaluate

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

50) Victoria is seriously injured when, during a thunderstorm, a large and seemingly healthy tree located on private property falls on her car. Discuss if Victoria can file a negligence lawsuit against the owner of the tree and be successful.

Difficulty: 3 Hard

Topic: Negligence

Learning Objective: 06-05 Explain the four elements of negligence.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

51) Ben was driving 70 miles per hour in a 55-mile-per-hour speed zone when his car hit Sandra's as she entered the highway. Ben had the opportunity to move into another lane to avoid hitting Sandra but failed to do so. Discuss the defenses of negligence available to Sandra and Ben.

Difficulty: 3 Hard

Topic: Negligence

Learning Objective: 06-06 Contrast contributory negligence, comparative negligence, and assumption of the risk.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

52) Baker attends a baseball game and is hit by a foul ball while sitting in an unscreened section of the stadium. The stadium offers both screened and unscreened seats of equal quality and price. Can Baker successfully sue the stadium, the player who hit the ball, or the team the player was employed for this incident?

Difficulty: 3 Hard

Topic: Negligence

Learning Objective: 06-06 Contrast contributory negligence, comparative negligence, and assumption of the risk.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation

53) A security guard employed by Aria Stores accused Brentley of shoplifting and left him handcuffed to a post by a cash register for 15 minutes until local police arrived. Brentley sued Aria Stores for false imprisonment and a jury awarded Brentley $1,000 in compensatory damages and $1,000,000 in punitive damages. Does Aria Stores have a legal basis for appealing the damage award?

Difficulty: 3 Hard

Topic: Intentional Torts; Remedies for Torts

Learning Objective: 06-04 Identify the principal intentional torts and outline the elements of each.; 06-09 Outline the various remedies available in tort law.

Bloom's: Analyze

AACSB: Analytical Thinking

Accessibility: Keyboard Navigation