Question 1

Pain and suffering from injuries caused by a negligent driver in an automobile accident are examples of _________________ damages that compensate for other than out-of-pocket losses.

Accepted Answer

The answer of Pain and suffering from injuries caused by...

Question 2

________________ is the unauthorized taking of the personal property of another accompanied by the wrongful exercise of rights of ownership.

Accepted Answer

The answer of ________________ is the unauthorized taking of the...

Question 3

Money expended by the plaintiff for medical treatment and other actual out-of-pocket losses are called ___________________ damages because they can be specified or itemized precisely.

Accepted Answer

The answer of Money expended by the plaintiff for medical...

Question 4

The plaintiffs were detained at a store because security employees believed they saw them shoplifting. Whether the store is entitled to protection from tort liability under a merchant protection statute or the common law will primarily depend upon if:
A)The detention was for a reasonable amount of time and in a reasonable manner.
B)The plaintiffs took valuable merchandise.
C)Store employees conducted a full investigation before calling the police.
D)The security employees had been properly trained.

Accepted Answer

The key factor in determining whether a store is entitled to protection from tort liability under a merchant protection statute or common law in cases of detention for suspected shoplifting is whether the detention was conducted for a reasonable amount of time and in a reasonable manner. This principle is designed to balance the rights of the individual against the store's interest in preventing theft.

Question 5

Painting graffiti on private property - whether a building or an automobile - is a variety of the tort of _________________ for which punitive damages may be awarded.

Accepted Answer

The answer of Painting graffiti on private property - whether...

Question 6

________________ end the unlimited time formerly available to sue businesses under the theory of __________________ liability.

Accepted Answer

The answer of ________________ end the unlimited time formerly available...

Question 7

During a four-hour heart bypass operation, a surgical instrument was inadvertently left in the chest of the patient. A second operation, lasting less than one hour, was later performed without charge. The negligence in the first operation could be established in court by the presumption known as

Accepted Answer

The answer of During a four-hour heart bypass operation, a...

Question 8

Jhon Harris an accountant is injured while moving his computer desk from one position the office to another.
A)Whether or not workers compensation applies to this situation depends on the office policy regarding moving office furniture.
B)This is a violation of Title VII of the Civil Rights Act.
C)Workers compensation would cover the employee's injury.
D)As moving furniture is not part of an accountant job Jhon' s will not be elgible for workers compensation.

Accepted Answer

The answer of Jhon Harris an accountant is injured while...

Question 9

Pransit, a truck driver, was involved in a truck collision with a passenger car driver by Sanjay. He sued Sanjay for negligence and Sanjay defended by claiming that Pransit was negligent in his driving. The jury heard both sides of the case and was instructed by the judge on the rules of negligence and defense of comparative negligence. They jury verdict concluded that Pransit suffered $60,000 damages and Sanjay was 75% negligent and Pransit was 25% negligent in contributing to his own harm. Pransit will recover.
A)$15,000.
B)$45,000
C)$60,000
D)nothing.

Accepted Answer

Under the rule of comparative negligence, the damages awarded to a plaintiff are reduced by the plaintiff's percentage of fault. Here, Pransit's damages are $60,000, but because he was found to be 25% at fault, his recovery is reduced by 25% of $60,000, which is $15,000. Therefore, Pransit will recover $60,000 - $15,000 = $45,000.

Question 10

A downhill snowboarder who hits a tree, receiving serious head injuries probably cannot successfully sue the ski resort because of the doctrine of _________________ .

Accepted Answer

The answer of A downhill snowboarder who hits a tree,...

Question 11

Fred was grilling in his backyard tiki bar when he popped open a can of Diet Pepsi, took a big gulp and started gagging. He emptied the can down a sink but something heavy remained inside. He shook the can until something resembling "pink linguini" slid out, followed by "dark stuff." The report from the Food and Drug Administration concluded the foreign matter was a frog or a toad. Pepsi argued that the speed of their production lines and the rigor of our quality control systems made it virtually impossible for this type of thing to happen in a production environment, and that there never has been an instance when a claim of this nature has been traced back to their manufacturing facilities. If Fred suffered severe stomach upset and required medical attention as a result of his gulp, and sued the manufacturer for negligence in manufacturing the product, what theory would help him establish that a duty of care was breached?
A)Negligence per se
B)Res Ipsa Loquitur
C)Proximate causation
D)Superseding intervening forces

Accepted Answer

Res Ipsa Loquitur is a legal theory that allows the fact of an accident's occurrence to imply negligence when the accident is of a kind that typically does not happen without negligence, and the defendant had exclusive control over whatever caused the injury. In this case, since it's highly unlikely for a frog or toad to end up in a can of Diet Pepsi without some negligence in the manufacturing process, and Pepsi has exclusive control over that process, this theory would help Fred establish that a duty of care was breached.

Question 12

You have made a claim in a small claims court against a defendant based on the theory of negligence. You offer receipts showing the cost of repairing your vehicle, and doctor bills for your injuries. You offered proof of
A)special (economic)damages which are part of compensatory damages
B)general damages (non-economic)which are part of compensatory damages.
C)punitive damages which are part of compensatory damages
D)general or special damages instead of compensatory damages.

Accepted Answer

Special (economic) damages are specific, quantifiable costs incurred by the plaintiff due to the defendant's negligence, such as medical bills and repair costs, which are part of compensatory damages aimed at making the plaintiff whole.

Question 13

If the manufacturer used actual footage of the sports celebrity engaged in athletic competition in order to create the appearance that the celebrity endorsed its product, when she did not, the female athlete's best course of action against the manufacturer would be for
A)Commercial appropriation
B)Defamation
C)Public Disclosure of Private Facts
D)Intrusion into plaintiff's solitude

Accepted Answer

Commercial appropriation is the correct answer because it involves using someone's name, likeness, or identity without permission for commercial purposes, which is exactly what the manufacturer did by using the athlete's footage to imply endorsement.

Question 14

"A customer slips and falls on a wet floor of a store." The correct responsibility of the owner is?
A)The property owner must maintain their property so no one is injured. If any injury occurs the property owner is always liable.
B)The property owner is liable only if the customer has made a purchase and the floor was wet more than one hour after an inspection occurred or was due to occur.
C)The property owner has no duty to maintain their property in a safe manner unless the property owner knows that an injury has occurred in the past.
D)The property owner must maintain their property in a reasonably safe manner so that a visitor will not be injured on the property while the property is open to the public or at a time when it is foreseeable that a member of the public would be on the property.

Accepted Answer

The property owner has a duty to maintain their property in a reasonably safe condition to prevent injuries to visitors, especially when the property is open to the public or when it is foreseeable that the public could be present.

Question 15

Failing to move to the side of the road when you hear an ambulance coming up behind you is.
A)careless and possibility negligent if someone is hurt because of your failure.
B)an example of intentional infliction of emotional distress
C)privileged behavior if you could not hear the siren because you are wearing ipod ear pods.
D)is legally permissible because it is a failure to act rather than an act.

Accepted Answer

Failing to move to the side of the road for an ambulance is considered careless and possibly negligent, especially if this failure leads to harm. This is because drivers are expected to yield to emergency vehicles to facilitate their quick and safe passage.

Question 16

Most injuries, and hence torts, arise from the role of individuals as ____________ , _________________ , and _______________ .

Accepted Answer

The answer of Most injuries, and hence torts, arise from...

Question 17

A demolition company needs to dynamite rock in order for a dirt contractor to put in a house pad. If a neighbor's bay window is blown out as a result and she sues, what is a viable defense to a lawsuit, assuming it is true?
A)They exercised care in setting the explosives.
B)The seismologist can confirm the charge could not possibly have blown out the window.
C)The neighbor was contributorily negligent in having a window.
D)All of the above

Accepted Answer

If the seismologist can confirm that the charge could not possibly have blown out the window, it provides a factual defense that the demolition did not cause the damage.

Question 18

Sako is proud of his meticulously groomed lawn and flower garden. He is allergic to dogs. Every morning and evening Wyatt, a neighbor, takes Spot, her pet poodle, for a walk around the block. Invariably the dog relieves itself on Sako's property. Sako has repeatedly asked Wyatt to restrain her pet, but she laughs at him and says "Cool it! Dogs have to answer nature's call. It's good for them and it's good for your soil." Finally, one day Sako charges out of his house, brandishing what appeared to be a hand gun. "This will stop it!" he shouts. Wyatt is frightened. Sako comes closer and fires a stream of ammoniated water into the faces of Wyatt and Spot with his water pistol. The dog yelps and runs off. Wyatt sues. Sako is:
A)Innocent of any wrong. The gun turned out to be a toy pistol, and he was fully justified in his action.
B)Liable for assault and battery against Wyatt.
C)Liable for only for assault against Wyatt because he put her in reasonable fear of an immediate harmful or offensive touching.
D)Not liable for battery because Wyatt was not injured.
E)Liable for negligence.

Accepted Answer

Sako's actions constitute assault and battery because he intentionally caused a harmful or offensive contact (spraying ammoniated water) to Wyatt, regardless of the toy gun's nature.

Question 19

In a negligence case, the plaintiff has several elements he or she must establish. Which is the correct list of these elements?
A)duty, breach of duty, actual cause, and injury.
B)duty, breach of duty, proximate cause, and injury.
C)duty, breach of duty, proximate cause, and actual cause.
D)duty, breach of duty, actual cause, proximate cause, and injury.

Accepted Answer

In a negligence case, the plaintiff must prove the defendant had a duty to the plaintiff, breached that duty, and that the breach was the actual and proximate cause of the plaintiff's injury. This makes option D correct as it includes all necessary elements: duty, breach of duty, actual cause, proximate cause, and injury.

Question 20

Someone who enters another person's land or building with the implied or expressed permission or consent of the owner or possessor, for the benefit or convenience of the visitor, is a(n) ________________ . If the person enters to conduct any commercial activity, the visitor is a(n) ________________ . The landowner must be more protective of the latter than the former.

Accepted Answer

The answer of Someone who enters another person's land or...

Quiz 7: Torts: Private Wrongs

Pain and suffering from injuries caused by a negligent driver in an automobile accident are examples of _________________ damages that compensate for other than out-of-pocket losses.

________________ is the unauthorized taking of the personal property of another accompanied by the wrongful exercise of rights of ownership.

Money expended by the plaintiff for medical treatment and other actual out-of-pocket losses are called ___________________ damages because they can be specified or itemized precisely.

The plaintiffs were detained at a store because security employees believed they saw them shoplifting. Whether the store is entitled to protection from tort liability under a merchant protection statute or the common law will primarily depend upon if:

Painting graffiti on private property - whether a building or an automobile - is a variety of the tort of _________________ for which punitive damages may be awarded.

end the unlimited time formerly available to sue businesses under the theory of __ liability.

During a four-hour heart bypass operation, a surgical instrument was inadvertently left in the chest of the patient. A second operation, lasting less than one hour, was later performed without charge. The negligence in the first operation could be established in court by the presumption known as

Jhon Harris an accountant is injured while moving his computer desk from one position the office to another.

A downhill snowboarder who hits a tree, receiving serious head injuries probably cannot successfully sue the ski resort because of the doctrine of _________________ .

You have made a claim in a small claims court against a defendant based on the theory of negligence. You offer receipts showing the cost of repairing your vehicle, and doctor bills for your injuries. You offered proof of

If the manufacturer used actual footage of the sports celebrity engaged in athletic competition in order to create the appearance that the celebrity endorsed its product, when she did not, the female athlete's best course of action against the manufacturer would be for

"A customer slips and falls on a wet floor of a store." The correct responsibility of the owner is?

Failing to move to the side of the road when you hear an ambulance coming up behind you is.

Most injuries, and hence torts, arise from the role of individuals as ____ , _ , and _______ .

A demolition company needs to dynamite rock in order for a dirt contractor to put in a house pad. If a neighbor's bay window is blown out as a result and she sues, what is a viable defense to a lawsuit, assuming it is true?

In a negligence case, the plaintiff has several elements he or she must establish. Which is the correct list of these elements?