CHPPP 9

30 October 2023
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30 test answers

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question
Generally, torts law is governed by:
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state common law. State common law governs tort law individually for each state.
question
Which of the following is not true of strict liability?
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injury need not occur or be proven There can be no action for a tort without injury to an innocent party.
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The civil counterpart to theft is:
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conversion. Conversion reimburses a party who suffers damages due to theft or another's substantial interference with their ownership of property.
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The Communications Decency Act of 1996:
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provided Internet Service Providers liable with immunity from defamation liability as publishers, for content placed on their website even by independent and anonymous contributors. The act freed ISPs from liability for content initiated by contributors so that ISPs are to be treated like newsstand vendors.
question
Chelsea's house is for sale and she is selling it through a real estate agent. The house is listed and any licensed agent may show the house by using the special accessible key in a lockbox on the front porch. Stan is a licensed agent and brings Paula into the home to show it for a possible sale while Chelsea is not home. Stan and Paula would be considered:
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invitees. Stan and Paula are authorized and invited to the premises for business and therefore are invitees.
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Which of the following is not a defense to defamation?
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publication Publication is an element of defamation, not a defense to defamation.
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Assumption of risk is a defense to
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negligence. Assumption of risk as a defense applies only to negligence.
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Carl Critic has just announced his choices of the worst Hollywood actresses of the year and Stella Starr has been named the worst of the worst. Carl's announcement, made in his weekly column titled "Random Musings by Carl Critic" and published in the local paper, claims that he believes her to have the least amount of talent in the movie industry and that she "can't act her way out of a paper bag". When Stella reads Carl's column she immediately starts to cry hysterically and then decides to sue him. Does she have a valid case of libel?
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no, this was merely Carl's opinion Opinion may not be the basis for defamation.
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One who commits a tort is called the:
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tortfeasor. A tortfeasor is one who commits a tort.
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Finley is a United States Senator. While at a friend's wedding he comments that another senator, Glen, is corrupt and is an alcoholic and drug addict. A reporter overhears this statement and includes the conversation in a written report that is published in the state's largest newspaper. Glen is called before a Senate investigatory committee and his reputation is permanently scarred. Is Finley guilty of defamation?
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yes, he has committed slander There is no privilege as Finley was not acting in an official capacity. Finley disseminated the information such that the reporter overheard it and the reporter only further disseminated it.
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Which of the following is not a general category of torts?
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criminal torts Torts are civil wrongs.
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Product liability law arises from:
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both state statutes and state common law. Product liability law is found from both state statutes and state common law although most states are uniform or similar in their final laws.
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To which of the following would a dram shop law apply?
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Curley's Tavern Dram shop laws apply to businesses that serve alcohol.
question
Which of the following situations is not a situation in which strict liability applies?
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T.J. manufactures cheap clothing that falls apart after minimal use Clothing that falls apart does not create a dangerous condition. The products may be cheap and flimsy but they are not defective to the point of causing harm.
question
In Belanger v. Swift Transportation, Inc., after Belanger had an accident driving a company vehicle, the accident was reported to a government website. Belanger claimed that Swift acted with malice and lost any reference related privilege by reporting information to a third party website.
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Swift followed all company procedures so they did not act with malice and defamation did not occur Swift's qualified privilege was retained because they followed all necessary procedures and the report to the web site has obvious importance regarding public safety
question
Bill is a lab technician and in charge of safety inspections and injury prevention due to faulty equipment at a university chemistry lab. One morning, as a result of his inspection, Bill discovers a gas burner with a broken valve. Bill gets distracted and fails to put an "OUT OF ORDER/DO NOT USE" sign on the faulty burner. When the morning class arrives, Halle uses the faulty burner and is burned when it catches fire. Bill's negligence is based on:
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nonfeasance. Bill's failure to act when required to do so constitutes nonfeasance.
question
The highest and most comprehensive duty owed by a landowner to a person on their property is to a:
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invitee. An invitee must be warned of known dangers and there is a duty to inspect the premises for hidden dangers, making efforts to quickly make necessary repairs.
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Which of the following will be a valid defense in a strict products liability case?
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assumption of risk Assumption of risk, although narrowly construed, will be a valid defense in a strict products liability case.
question
) Mike has admired Monica for a long time and has wanted to date her but is too shy around girls to ask. He is a football player with a reputation of being the toughest player on the team. Monica is scared of Mike because of his size and reputation. One day Mike summons the courage and approaches Monica who has her back to him and doesn't know he's there. He puts his arms around her and gives her a gentile kiss before letting go. He can't believe what he did, apologizes and runs away. Monica is slightly shaken but physically unharmed. Mike has committed:
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battery. Even though no physical harm resulted, Mike did initiate offensive or unwanted bodily contact which constitutes a battery.
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Lindsay is Jon's manager and calls him into her office after everyone else has gone home for the day. She closes the door and tells Jon that he is a thief and that he must return items that he stole from the company. In fact, Jon is extremely honest and has never stolen anything in his life. He is extremely upset and starts to feel sick.
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Lindsay has not committed a defamation tort Defamation has not occurred because no communication or dissemination to a third party has occurred.
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A commercial airliner has crashed in the middle of the Atlantic. The cause of the crash has been proven to be a wrongly installed part in one of the engines during routine maintenance. If a negligence law suit is brought against the airlines, it will be based on:
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misfeasance. Installing a part in an improper manner constitutes misfeasance.
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In a products liability case, the plaintiff may pursue legal remedies against the seller under any of the following categories except:
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product disparagement. Product disparagement is a business tort that has no relation to defective or dangerous products.
question
In which of the following situations would res ipsa loquiter likely apply?
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. a train has derailed and the cause of the accident can't be proven Res ipsa loquiter is used to allow a negligence trial to proceed when the actual negligent act cannot be proven yet the accident could not have occurred in the absence of negligence.
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The fact that the actual negligent act must directly cause the injury is called the:
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cause in fact. Cause in fact is the direct link between the negligent act and the injury.
question
Which of the following scenarios would most likely result in strict liability?
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Amos buys a bag of Chips Ahoy chocolate chip cookies and breaks a tooth when he bites into one with a small rock that looks like a chip in it Strict liability will apply regarding foods sold to the public that are defective or dangerous.
question
The merchant's privilege with regard to shoplifters requires each of the following except:
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the shopkeeper must have an eye witness or video evidence of the theft. An eye witness to the actual act of theft is not required if other evidence supports the shopkeeper's allegations
question
Bill is a lab technician and in charge of safety inspections and injury prevention due to faulty equipment at a university chemistry lab and Bill's job includes the repair of faulty equipment. One morning, as a result of his inspection, Bill discovers a gas burner with a broken valve and does a very poor job of repairing it, using techniques not considered proper or acceptable. When the morning class arrives, Halle uses the faulty burner and is burned when it catches fire. Bill's negligence is based on:
answer
misfeasance. Bill acted but did so in a dangerous way breaching his duty which is misfeasance.
question
Amanda is driving towards a busy intersection. As she goes through the intersection she looks down and reaches to adjust the radio in her car. She runs a red light and hits another car which then runs into a utility pole, knocking it down and causing a power loss in a 3-mile radius. It takes the utility company 48 hours to restore electricity to the area because of a strike by the utility union. Kimberly sues Amanda because all the food in her refrigerator and freezer spoiled due to the power outage. What will the result be?
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Amanda will not be liable to Kimberly because her conduct was not the proximate cause of Kimberly's damages. Kimberly's spoilage was not a foreseeable result of Amanda's negligence and was simply too remote.
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The point at which liability for negligence stops is called:
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proximate cause. Proximate cause determines the point when an injury becomes so remote from the negligent act that liability ceases.
question
Rita Reporter works for a major news network and has been assigned to investigate a story about a woman's death in a small town. She interviews police and other public officials and the investigation is pointing to the woman's ex-husband. When she reports live on the air, she states that the investigation is ongoing; however, the ex-husband is the prime suspect. In fact, the police have just ruled out the ex-husband but she hasn't yet been informed of that fact. The next day, the ex-husband is fired, his new wife moves out and friends are now refusing to talk with him.
answer
Rita is not guilty of defamation due to a qualified privilege Employees of media organizations enjoy a qualified privilege from defamation if they act in good faith.