You want to know what I've been doing today? Studying my ass off!!!
This is from my favorite chapter of my Business Law class. What do you get for having the highest number of correct answers? Some free education and a foamy latte at my expense. I'll send the winner a $5 Starbucks gift card (I know, I'm such a big spender). Hey, I have to do something to get myself through midterm week.
1. The word tort is French for:
2. The basic purpose of tort law is to:
a. provide remedies for the invasion of protected interests.
b. punish criminal wrongdoers.
c. ensure that Congress does not overstep its legal authority.
d. make sure that citizens follow appropriate immigration regulations.
3. The person who commits a tort is known as:
a. a maladjustor.
b. a criminal.
c. a tortfeasor.
d. an invalid.
4. If Sam threatens Jill with a knife but does not, in fact, touch her, Jill may sue for ________ if she honestly believed Sam might have hurt her.
5. If you are falsely imprisoned, you are:
a. made fearful of an unwanted contact with another person.
b. touched by another person in an unwanted or offensive way.
c. confined or restrained by another person intentionally and without justification.
d. intentionally bad-mouthed by another person.
6. If Sal sends Max a high-priority e-mail message telling Max that his wife has just died, when in fact Sal knows this is untrue, Max may be able to sue Sal for:
a. infliction of emotional distress.
c. violations of the First Amendment.
7. If you defame someone, you injure:
b. that person's good reputation.
c. the administrative branch.
d. the judiciary.
8. If someone uses a great picture of you to sell peanut butter and does not obtain your consent to do so, you may be able to sue for:
b. fraudulent misrepresentation.
9. Which of the following is not an element of the tort of fraudulent misrepresentation?
a. A causal connection between the misrepresentation and the injury suffered.
b. A lack of intent to cause reliance on the misrepresentation.
c. Damages suffered as a result of reliance on the misrepresentation.
d. Justifiable reliance by the party that was deceived.
10. Which of the following is not an element of the tort of wrongful interference with a contractual relationship?
a. A valid, enforceable contract must exist between two parties.
b. A third party must be aware that the contract exists.
c. A third party must unintentionally cause one of the parties to break the contract.
d. A third party must intentionally cause one of the parties to break the contract.
11. Torts committed against property include:
12. Which of the following would not constitute trespass to land?
a. Without permission, you tunnel under your neighbor's land.
b. With permission, you walk across your neighbor's land.
c. Without permission, you shoot an arrow accross your neighbor's land.
d. Without permission, your neighbor sets up a vegetable stand on your land.
13. Luisa borrows Tony's 2001 Toyota Camry and refuses to return in on Tony's request. Which tort has Luisa committed?
a. Invasion of privacy.
14. Slander of quality is also known as:
b. trade dress.
c. trade libel.
d. wrongful interference.
15. If your actions harm someone else, but you never intended to cause that harm, you may be liable for the tort of:
d. infliction of emotional distress.
16. The duty of care requires you to:
a. help all strangers you run across.
b. help only those strangers who are suffering from some injury.
c. help only those strangers who are experiencing an emergency.
d. act as a reasonable person would act in the same circumstances.
17. What was the legal issue involved in the case of Martin v. Wal-Mart Stores, Inc.?
a. Business invitees.
b. Reckless disregard of agents.
d. Ethical duties only.
18. If a dentist violates his or her duty of care to you by negligently cracking two of your teeth, you may be able to sue the dentist for:
19. The landmark case that established the "foreseeability" test for proximate cause was:
a. Wickard v. Filburn.
b. Palsgraf v. Long Island Railroad Co.
c. Roach v. Stern.
d. Martin v. Wal-Mart Stores, Inc.
20. Which of the following is a defense to a negligence claim?
b. Defense of property.
c. Assumption of risk.
21. In a state that follows the "contributory negligence" rule, a plaintiff whose own negligence contributes to his or her harm:
a. will recover nothing from the defendant.
b. will recover only 50 percent of the damages sought.
c. will recover fully from the defendant.
d. will recover only in the defendant is a nonresident.
22. If a jury in a "comparative negligence" state with 50 percent rule finds Bill 35 percent liable for his own injuries in a negligence suit that Bill brings against Tina, Bill will recover:
a. nothing at all from Tina.
b. 50 percent of the damages he seeks from Tina.
c. 65 percent of the damages he seeks from Tina.
d. 100 percent of the damages he seeks from Tina.
23. Res ipsa loquitur means:
a. you're on your own.
b. buyer beware.
c. ignorance is no excuse.
d. the facts speak for themselves.
24. Under the tort doctrine of strict liability, liability is:
a. based on fault.
b. based on negligence.
c. not based on fault.
d. implemented only for inteded wrongful acts.
25. One of the legal difficulties posed by defamatory remarks made online is that:
a. it makes it difficult for Internet service providers (ISPs) to stay in business, because they are held liable for the defamatory remarks made by those using their services.
b. the Internet makes it so easy to locate those who make the defamatory statements that the courts are overburdened with tort lawsuits.
c. defendants in online defamation suits retaliate by spamming the plaintiffs, thus overloading the plaintiffs' Web sites and causing them to suffer further harm.
d. it is difficult to learn the identity of the person who made the defamatory remarks.