Deck 9: Torts and Privacy protection

Question 1

Under the Children's Online Privacy Protection Act,websites are prohibited from collecting personal information from children regardless of whether parental consent is obtained.

Answer 1

False

Question 2

The tort of intentional infliction of emotional distress protects a person's right to peace of mind.

Answer 2

True

Question 3

The United States is regarded as providing adequate privacy protection under privacy laws of the European Union.

Answer 3

False

Question 4

France requires bystanders to try and help those in danger if trying to help will not put the bystanders at risk.

Question 5

An employer may not be held directly liable under tort law for the failure to use care in issuing a reference.

Question 6

A professional athlete injured during practice is deemed to have consented to the physical contact attendant to practice.

Question 7

The Federal Trade Commission takes the position that it is an unfair or deceptive trade practice under the Federal Trade Commission Act for firms to fail to honor their own privacy policies.

Question 8

Assumption of risk is a defense to the tort of negligence.

Question 9

A single set of facts may give rise to claims under more than one tort.

Question 10

The tort of false imprisonment requires that the plaintiff either knew he or she was confined or suffered harm as a result of the confinement.

Question 11

Tort damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

Question 12

Trespass to personal property and conversion are different names for the same tort.

Question 13

Playing loud music late at night for recreation in a residential neighborhood can constitute a private nuisance.

Question 14

Intent cannot be implied.

Question 15

Intent may be transferred.

Question 16

The Class Action Fairness Act of 2005 moved many class actions from federal courts into state courts.

Question 17

A tort is a type of civil or criminal wrong.

Question 18

In most states shopkeepers who detain and later release a shoplifter may be held liable for false imprisonment even if the detention was reasonable and based on reasonable cause.

Question 19

Trespass may occur below the surface of land.

Question 20

The tort of conversion requires that the defendant know that the goods belonged to the plaintiff.

Question 21

Under the doctrine of ________,the plaintiff's negligence is an absolute bar to recovery against the defendant.

A) contributory negligence
B) comparative negligence
C) contribution
D) indemnity

Question 22

Which of the following was the result in Lev v.Beverly Enterprises-Massachusetts,Inc.,the case in the text involving whether an employer could e held liable for negligence when an intoxicated employee causes an automobile accident after leaving a restaurant where he discussed work with his supervisor over drinks?

A) That based upon the principle of vicarious liability, the employer was liable to the plaintiff injured in the accident.
B) That under an employer-hose theory, the employer was liable to the plaintiff injured in the accident.
C) That based upon violations of its own alcohol-abuse policy, the employer was liable to the plaintiff injured in the accident.
D) That the employer was not liable to the plaintiff injured in the accident.

Question 23

__________ is the publication of statements derogatory to the quality of the plaintiff's business,to the business in general or to the plaintiff's personal affairs in order to discourage others from dealing with him or her?

A) Disparagement
B) Critical falsehood
C) Defamation
D) Malicious derogatorism

Question 24

Which of the following was the result in Labaj v.VanHouten,the case in the text involving whether in order to find an employer negligent for failing to protect an employee from being attacked by a dog,the dog had to have abnormally dangerous propensities?

A) That an employer had no duties in regard to an animal on the premises because of the rule that animals cannot be absolutely controlled under any circumstances.
B) That an employer can be held strictly liable for failing to protect an employee from getting attached by a dog, even if the dog is not known to possess abnormally dangerous propensities.
C) That an employer cannot be negligent for failing to protect an employee from getting attached by a dog unless the dog is not known to possess abnormally dangerous propensities.
D) That an employer can be negligent for failing to protect an employee from getting attached by a dog, even if the dog is not known to possess abnormally dangerous propensities.

Question 25

Which of the following is true regarding battery?

A) Battery is the negligent, nonconsensual, harmful or offensive contact with the plaintiff's body or with something in contact with it.
B) Battery is the intentional, nonconsensual, harmful or offensive contact with the plaintiff's body or with something in contact with it.
C) Battery is the intentional, consensual, harmful or offensive contact with the plaintiff's body or with something in contact with it.
D) Battery is the negligent, consensual, harmful or offensive contact with the plaintiff's body or with something in contact with it.

Question 26

Which of the following was the result in Bodah v.Lakeville Motor Express,Inc.,the case in the text involving whether a company violated its employees' right to privacy by transmitting their names and Social Security numbers to managers in the company in an unsecured manner that could lead to identity theft?

A) The court ruled that publication occurred and that the employees could proceed with a cause of action based on invasion of privacy.
B) The court ruled that the employees had no right to privacy in relation to distribution of social security numbers because the numbers are issued by the government.
C) The court ruled that the employees could not proceed with an action for invasion of privacy because no publication of the information at issue occurred.
D) The court ruled that the employees could not proceed with an action for invasion of privacy because health information was not involved.

Question 27

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

A) trespass.
B) nuisance.
C) ultra hazardous activities.
D) strict liability.

Question 28

In which of the following situations would the doctrine of res ipsa loquitur apply?

A) A truck backed into a fence.
B) A jar of jam fell on your foot.
C) A post operative x-ray showed a surgical sponge in your stomach.
D) A door slammed on your foot.

Question 29

Paul attempted to hit Bruce without good cause; but Bruce ducked,and Paul hit Alice instead. Alice was shocked when she felt the blow because she had been looking the other way and did not see it coming. Which of the following is true regarding the cause of action,if any,Alice would have against Paul?

A) Alice would not have any cause of action against Paul because he hit her by accident.
B) Based on the theory of transferred intent, Alice would have a cause of action against Paul for assault.
C) Based on the theory of transferred intent, Alice would have a cause of action against Paul for assault and battery.
D) Based on the theory of transferred intent, Alice would have a cause of action against Paul for battery.

Question 30

Which of the following is true regarding assault?

A) Assault is an intentional, nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent.
B) Assault is an intentional, nonconsensual act that gives rise to the fear that a harmful or offensive contact is imminent.
C) Assault is a negligent, nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent.
D) Assault is a negligent, nonconsensual act that gives rise to the fear that a harmful or offensive contact is imminent.

Question 31

Which of the following does not involve liability for an intentional tort?

A) A defendant is found liable for battery
B) A defendant is found liable for false imprisonment
C) A defendant is found liable based on successor liability
D) A defendant is found liable for invasion of privacy

Question 32

Which of the following is not a part of the measure of compensatory damages?

A) The cost to repair or replace an item.
B) The decrease in market value of an item.
C) Compensation for medical expenses.
D) Damages to deter others from engaging in similar conduct.

Question 33

The U.S.Supreme Court has held that in order for a public official or public figure to recover damages for defamation by a media defendant,there must be a showing of

A) intent.
B) negligence.
C) actual malice.
D) invasion of privacy.

Question 34

The tort of negligence does not include the element of ______.

A) duty
B) causation
C) fault
D) intent

Question 35

Which of the following are the three main credit agencies in the U.S.?

A) Equifax, Absolute, and Assure
B) Assure, TransUnion and Equifax
C) Assure, Experian, and Equifax
D) Experian, Equifax, and TransUnion

Question 36

What does the term respondeat superior mean?

A) Let the master answer
B) Let the servant answer
C) Let the servant or master answer
D) The master was negligent

Question 37

Which of the following is the exercise of dominion and control over the personal property,rather than the real property,of another?

A) Conversion
B) Trespass
C) Invasionary deceit
D) Both conversion and trespass

Question 38

Which of the following was the result in Burlarley v.Wal-Mart Stores,Inc.involving whether an employer may be held vicariously liable for injury to a customer caused by an employee who was joking around during her shift and threw items in the plaintiff's face?

A) That liability on the part of the store existed because the store lacked a policy discouraging joking with customers.
B) That liability on the part of the store existed because the wrongful acts occurred within the employee's scheduled working hours.
C) That no liability on the part of the store existed because the store did not have a policy encouraging joking with customers.
D) That no liability on the part of the store existed because the cashier acted for personal reasons, not in furtherance of any duty owed to the store.

Question 39

Spoken defamation is known as

A) libel.
B) slander.
C) malicious intent.
D) invasion of privacy.

Question 40

Written defamation is known as

A) libel.
B) slander.
C) malicious intent.
D) invasion of privacy.

Question 41

Fact Pattern 9-2
Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution. He was involved in a very unfortunate motor vehicle accident. Tony hit Blake's new Mercedes in the rear just as Cathy crossed the center line and sideswiped him. Blake's car was severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and Cathy. It was determined at trial that both Tony and Cathy were negligent, that Blake was not negligent, that Tony was 60% responsible for Blake's injuries, that Cathy was 40% responsible for Blake's injuries, and that Blake's total damages were $100,000.
Refer to fact pattern 9-2. Assuming she has the financial resources or sufficient insurance,can Blake recover the entire $100,000 from Cathy?

A) Yes.
B) No, but only because she was found to be less at fault than Blake.
C) No, because joint and several liability is in effect.
D) Only if Blake can establish that Tony is insolvent can he recover the entire amount from Cathy.

Question 42

Under the doctrine of _______ liability,once the court determines that multiple defendants are at fault,the plaintiff may collect the entire judgment from any one of them,regardless of the degree of that defendant's fault.

A) joint and individual liability
B) cumulative liability
C) contributory liability
D) joint and several

Question 43

Which of the following is the best defense to negligence?

A) The plaintiff was a friend of the defendant.
B) The defendant did not intend to harm the plaintiff.
C) The defendant was concerned for the safety of the plaintiff.
D) The plaintiff contributed to his own injuries.

Question 44

Paul is suing Dan for negligence arising out of a boating accident.What are the elements that Paul must prove in order to win his case? Discuss fully.

Question 45

Under the doctrine of ________,the plaintiff may recover only the proportionate amount of damages attributable to the defendant's negligence

A) contributory negligence
B) comparative negligence
C) contribution
D) indemnity

Question 46

John has just learned that the latest issue of The Blurb,the local school newspaper,has referred to him as a "liar,cheat,and a lousy student." In fact,John is only a lousy student; he is a very honest person.Explain in detail what theory John can use to recover damages from The Blurb.What defenses are available to the newspaper?

Question 47

A court order prohibiting a defendant from continuing a certain activity would be called a(n)_________.

A) injunction
B) indictment
C) edict
D) due care order

Question 48

Fact Pattern 9-1
Frank belongs to the same country club as his former physician, Dr. Bozo. Frank recently started dating Dr. Bozo's former wife, Alice, and decided to find a new physician. Frank found out that Dr. Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety. Frank is very angry, confronts Dr. Bozo on the golf course, and tells him that he is going to sue him under a federal law protecting medical information. Dr. Bozo laughs and says in front of a number of Frank's golfing buddies, "I'm not surprised that you're going nuts and that you have high blood pressure - hanging out with Alice has done that to many a man.
Refer to fact pattern 9-1. What right of action,if any,would Frank have against Dr.Bozo?

A) He has no cause of action against Dr. Bozo because the law does not protect this type of invasion of privacy so long as Dr. Bozo was being truthful regarding his health condition.
B) He could sue Dr. Bozo under a federal statute enacted to protect privacy rights.
C) He could not sue Dr. Bozo directly under any federal statute enacted to protect privacy rights, but he could likely prevail in a common law action for the public disclosure of private facts.
D) He could not sue Dr. Bozo under federal law for invasion of privacy nor could he sue under a common law cause of action, but only because he was no longer Dr. Bozo's patient.

Question 49

Minerva told Prudence that Prudence could park her farm tractor on Minerva's land but only for one month. Two months later,Minerva is annoyed because the farm tractor is still on her land; and Prudence refuses to move it. Which of the following causes of action,if any,would Minerva have against Prudence?

A) Trespass
B) Nuisance
C) Negligence
D) Trespass and nuisance, but not negligence

Question 50

Define and explain the theory behind the economic loss rule.

Question 51

Blastco is an expert demolition company.During the process of leveling some land,Blastco fell behind in their schedule and used twice the normal amount of dynamite to blast some hills.When a charge exploded,the blast broke several of the windows in Paul's home.Paul lives near the blast site.What theory or theories may Paul use to recover damages from Blastco? Discuss fully.

Question 52

Bill,a student at State University,needed a way to get some cash quickly. He took a photograph of State University's head cheerleader,Marla,and started selling jerseys with her photograph on the back under the caption of "She's Hot." Marla wants to sue for defamation. She asks you if she could win on a defamation claim and if there is anything else for which she should sue. Discuss the elements of the legal theories involved and what you should tell Marla.

Question 53

Under which of the following systems may a plaintiff recover for any amount of the defendant's negligence,even if the plaintiff was the more negligent party?

A) Pure comparative negligence
B) Ordinary comparative negligence
C) Contributory negligence
D) Assumption of the risk

Question 54

Fact Pattern 9-2
Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution. He was involved in a very unfortunate motor vehicle accident. Tony hit Blake's new Mercedes in the rear just as Cathy crossed the center line and sideswiped him. Blake's car was severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and Cathy. It was determined at trial that both Tony and Cathy were negligent, that Blake was not negligent, that Tony was 60% responsible for Blake's injuries, that Cathy was 40% responsible for Blake's injuries, and that Blake's total damages were $100,000.
Refer to fact pattern 9-2. Assume Tony or his insurer pays the entire amount and then attempts to recoup amounts from Cathy. Could Cathy be held liable for any amounts?

A) Yes, she could be required to pay her proportional share under a contribution theory.
B) Yes, she could be required to pay her proportional share under an indemnification theory.
C) No, she could not be required to pay under either a contribution or an indemnity theory.
D) No, she could not be required to pay but only because she was less at fault.

Question 55

Fact Pattern 9-3
Alex and Blake got into a heated argument because Alex asked Blake's girlfriend out on a date. Blake decided that he wanted to scare Alex and drew back his fist to hit Alex. He stopped just as he was about to strike Alex in the nose. Alex yelled out, "You didn't scare me. I was ready for a fight!" Later, Alex decides that he would like to sue Blake and asks your advice on issues involving assault and battery.
Refer to fact pattern 9-3. What would you tell Alex regarding whether he should sue Alex for committing a battery?

A) That it appears that the necessary elements are present for him to succeed in an action against Blake for battery so long as he can show apprehension of being struck.
B) That he could not win in an action for battery because he admitted that he was not afraid.
C) That he could not win in an action for battery because Blake did not actually strike him.
D) That he could not win in an action for battery because it appears that Blake's actions were justified.

Question 56

The _________ doctrine imposes liability for physical injury to child trespassers caused by artificial conditions on the land.

A) negligence per se
B) foreseeable trespasser
C) attractive nuisance
D) respondeat superior

Question 57

Fact Pattern 9-1
Frank belongs to the same country club as his former physician, Dr. Bozo. Frank recently started dating Dr. Bozo's former wife, Alice, and decided to find a new physician. Frank found out that Dr. Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety. Frank is very angry, confronts Dr. Bozo on the golf course, and tells him that he is going to sue him under a federal law protecting medical information. Dr. Bozo laughs and says in front of a number of Frank's golfing buddies, "I'm not surprised that you're going nuts and that you have high blood pressure - hanging out with Alice has done that to many a man.
Refer to fact pattern 9-1. Is there any federal law prohibiting Dr.Bozo from revealing Frank's medical history?

A) There is no such federal law.
B) There is a federal law called the Health Insurance Portability and Accountability Act that prohibits the revelation of private medical information by health care providers.
C) There is a federal law called the Gramm-Leach-Bliley Act that prohibits the revelation of private medical information by health care providers.
D) There is a federal law called the Physician-Nurse Privacy Act that prohibits the revelation of private medical information by health care providers.

Question 58

Fact Pattern 9-3
Alex and Blake got into a heated argument because Alex asked Blake's girlfriend out on a date. Blake decided that he wanted to scare Alex and drew back his fist to hit Alex. He stopped just as he was about to strike Alex in the nose. Alex yelled out, "You didn't scare me. I was ready for a fight!" Later, Alex decides that he would like to sue Blake and asks your advice on issues involving assault and battery.
Refer to fact pattern 9-3. What would you tell Alex regarding whether he should sue Blake for committing an assault?

A) That it appears that the necessary elements are present for him to succeed in an action against Blake for assault so long as he can show apprehension of being struck.
B) That he could not win in an action for assault because he admitted that he was not afraid.
C) That he could not win in an action for assault because Blake did not actually strike him.
D) That he could not win in an action for assault because it appears that Blake's actions were justified.

Question 59

Which of the following is true regarding the Gramm-Leach-Bliley Financial Modernization Act?

A) It requires that financial institutions provide privacy protections to consumers, that customers be given notice before the sharing of personal information with other entities occurs, and that customers be given the right to opt out of disclosures to third parties.
B) It requires that financial institutions provide privacy protections to consumers and that customers be given notice before the sharing of personal information with other entities occurs, but not that customers be given the right to opt out of disclosures to third parties.
C) It requires that financial institutions avoid giving out specific information about the amount of funds in customer accounts, but other customer information may be given to third parties without providing customer notification.
D) It addresses the amount of financial reserves a bank must hold and bank lending practices, but it does not address customer privacy concerns.

Question 60

What must a plaintiff show to successfully sue for malicious prosecution?

A) That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis.
B) That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis, and that the earlier case was resolved in the plaintiff's favor.
C) That a prior proceeding was instituted against him or her negligently and that the earlier case was resolved in the plaintiff's favor.
D) That a prior proceeding was instituted maliciously, that the plaintiff was a public official or public figure, and that the earlier case was resolved in the plaintiff's favor.

Question 61

Set forth the majority rule in relation to an accountant's liability for negligence to a third party with whom the accountant does not have a contractual relationship as well as the source of the rule.