Question 1

Jaqy distributes a handbill among her neighbors accusing one of them-Ked-of being a convicted sex offender.The statement is defamatory only if

Accepted Answer

Defamation is the act of making a false statement that harms a person's reputation. In this scenario, since the handbill accuses Ked of being a convicted sex offender, the statement is only defamatory if it is false. Therefore, the best choice is D, the statement is false. The other choices (A and B) are not relevant in determining whether the statement is defamatory.

Question 2

Great Tans,Inc. ,uses,in its radio ads,a recording by Holly,who owns the rights,without paying for the use.Over time,the song comes to be associated with Great Tans.In Holly's suit against Great Tans,the firm is most likely liable for

Accepted Answer

Great Tans has used Holly's recording without her permission, which is an example of appropriation, also known as the unauthorized use of someone else's likeness or property. The fact that the song has become associated with Great Tans over time only strengthens Holly's claim of appropriation.

Question 3

An Illinois state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Jerry,a driver for Crosstown Taxi Company,is driving and talking on his cell phone when his cab collides with Kayla's car,injuring her.Kayla's best theory for recovery against Jerry and Crosstown is

Accepted Answer

Negligence per se applies when a statute is enacted to prevent a certain type of harm and someone violates that statute, causing the type of harm the statute was meant to prevent. In this case, Jerry, a commercial vehicle driver, violated a state statute requiring him to fully attend to the operation of the vehicle while driving, and this violation caused the collision that injured Kayla. Therefore, Kayla has a good theory for recovery against Jerry and Crosstown Taxi Company for negligence per se.

Question 4

Leon files a suit against Moira,a medical doctor,alleging negligence.As a physician,Moira is held to the standard of

Accepted Answer

As a medical doctor, Moira is held to the standard of a reasonable physician, meaning the level of care and expertise that a similarly-trained and experienced doctor would provide in similar circumstances. This standard takes into account the specialized knowledge, skill, and attention that medical professionals are expected to have. Therefore, option D is the best choice.

Question 5

Nadine is a spectator at the Metro City Softball Tournament,an athletic competition.Regarding the risk of injury,Nadine assumes the risks

Accepted Answer

Nadine assumes the risks normally associated with the tournament as a spectator. However, she would not be expected to assume any risks that are not normally associated with the tournament or risks that are greater than what is normally expected.

Question 6

Nick sees Opal,a stranger,in peril,but does not attempt to rescue her.Opal could successfully sue Nick for

Accepted Answer

In order for Opal to successfully sue Nick, she would have to prove that he had a legal duty to rescue her, and that he breached that duty by not attempting to rescue her. However, in most jurisdictions, there is no general duty to rescue strangers. Therefore, Opal would not be able to successfully sue Nick for his failure to rescue her. Negligence per se, the "danger invites rescue" doctrine, and res ipsa loquitur are all legal concepts that are not applicable to this scenario.

Question 7

An anonymous person posts online a defamatory message about Dewitt.Not knowing the poster's identity,Dewitt files a suit against "John Doe." Using the authority of the court,Dewitt can obtain from the poster's Internet service provider

Accepted Answer

Dewitt can obtain the identity of the poster from the Internet service provider through a subpoena or court order, allowing them to pursue legal action against the individual who made the defamatory post. Obtaining an apology or damages would require identifying and pursuing legal action against the individual in question.

Question 8

At Parkside Bistro,Ogden believes that he was overcharged and shoves Nellie,the waiter.Nellie sues Ogden,alleging that the shove was a battery.Ogden is liable

Accepted Answer

A battery is any intentional harmful or offensive touching of another person without their consent. In this case, Ogden intentionally shoved Nellie, which constitutes a battery. Whether or not Parkside overcharged Ogden or if Ogden acted out of malice are not relevant factors in determining liability for battery.

Question 9

Amber shops in a Breezy Bargains store,whose employee Connor recently mopped the floor.Amber slips,falls,and suffers an injury.Breezy is liable to Amber on a negligence theory if there was a "Wet Floor" warning sign and

Accepted Answer

The best choice is D because if Breezy Bargains had provided a warning sign near the wet floor and Connor had not placed it properly, then Breezy can be held liable for negligence. The other choices are not relevant because the presence of a warning sign is a crucial factor in determining liability in this scenario. Amber's ability to read the sign, or being distracted by other patrons or enticed by displays, would not absolve Breezy of responsibility if a warning sign was present and not properly placed.

Question 10

Driving his sport utility vehicle negligently,Bart crashes into a streetlight.The streetlight falls,smashing through the roof of a house,killing Chris.But for Bart's negligence,Chris would not have died.Regarding the death,the crash is the

Accepted Answer

The answer of Driving his sport utility vehicle negligently,Bart crashes...

Question 11

Kay carelessly bumps into Lyle,knocking him to the ground.Kay has committed the tort of negligence

Accepted Answer

To establish a claim of negligence, the plaintiff must prove that the defendant owed a duty of care, that the defendant breached that duty by failing to act reasonably, and that the breach caused the plaintiff's injury or harm. In this scenario, Kay owed Lyle a duty of care to avoid harm, and by carelessly bumping into him, Kay breached that duty. Whether the tort of negligence has been committed depends on whether Lyle suffered an injury as a result of the bump, which is the element of causation. Therefore, the tort of negligence has only been committed if Lyle is injured.

Question 12

John sees that Kris is about to step into the path of an oncoming bus.If John does not warn Kris of the danger,John is liable

Accepted Answer

The answer of John sees that Kris is about to...

Question 13

In an emergency situation,Milena,an emergency medical technician,renders aid to Lothar,who needs help.Lothar would most likely be prohibited from suing Milena for negligence under

Accepted Answer

Good Samaritan statutes typically provide legal protection for those who willingly and without compensation render aid to someone in an emergency situation, as long as they do not act with gross negligence or intentional harm. Therefore, Lothar would be prohibited from suing Milena for negligence under a Good Samaritan statute.

Question 14

Clem,a Delite Dairy salesperson,follows Edna,a salesperson for Festive Foods,a Delite competitor,as Edna visits stores to make sales.Clem solicits each of Edna's customers.Clem is most likely liable for

Accepted Answer

Clem's actions of soliciting each of Edna's customers can be considered as wrongful interference with a business relationship, as he is attempting to lure Edna's customers away from her and to his own company.

Question 15

From a computer in a distant location,Sergio searches Tia's personal computer without her permission.Sergio is most likely liable for

Accepted Answer

Sergio is invading Tia's privacy by searching her personal computer without permission. This falls under the tort of invasion of privacy.

Question 16

Clyde enters Desert Decathlon,an athletic competition in which Clyde has often competed.Regarding the risk of injury,Clyde assumes the risks

Accepted Answer

Clyde assumes the risks normally associated with the Decathlon when entering the athletic competition.

Question 17

Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet,Inc. ,an Internet service provider.Most likely to be held liable for the remark is

Accepted Answer

The answer of Oakley posts a defamatory remark about Pierre...

Question 18

Joy invites Ken into her apartment.Ken commits trespass to land if he

Accepted Answer

Trespass to land occurs when someone enters or remains on another person's property without permission. In this case, Joy invited Ken into her apartment, but if Ken refuses to leave when asked to go, he is committing trespass to land. The other choices do not necessarily constitute trespass to land.

Question 19

From a location in Asia,Basil sends spam to U.S.e-mail addresses touting a variety of deceptive scams in an attempt to dupe unwitting recipients into revealing their bank account and credit card numbers.Under the U.S.Safe Web Act,the Federal Trade Commission can

Accepted Answer

Under the U.S.Safe Web Act, the Federal Trade Commission can share information with foreign agencies to investigate and prosecute. This means that the FTC can work with appropriate foreign law enforcement agencies to locate and prosecute Basil for his fraudulent activities.

Question 20

Ian steals a business law textbook from Jules.Kris,who does not know that the book is stolen,buys it from Ian.Kris has committed

Accepted Answer

The answer of Ian steals a business law textbook from...

Quiz 12: Torts and Cyber Torts