True/False questions

The purpose of criminal law is to punish while the
purpose of tort law is to compensate the victim.A wrongful act is either a tort or a crime; it cannot
be both.A construction company that damaged the property of
others while blasting would be liable in strict liability.Some states impose liability on the owner of a car
for damages caused by anyone driving the car.Damages for pain and suffering from a personal injury
are classified as non-economic damages and are often difficult to
calculate.Sid and Carrie were found liable in joint and several
liability for $200,000 in damages to Nancy’s
property. This means that the maximum amount of the award that Sid will
have to pay is $100,000.Libel is oral defamation, while slander is written.Market share liability imposes liability on all the
manufacturers of a defective product based on how much of the market in a
particular area each company controlled when the injury occurred.To be liable for intentional infliction of emotional
distress a defendant must have engaged in conduct that was outrageous and
completely intolerable to the community.Not knowing you are on the land of another person is
a complete defense to charges of trespass to land.The measure of damages for conversion is the full
value of the goods taken or damaged.The tort of conversion does not apply to intangible
property.Engaging in a lawful business is a complete defense
to the torts of public or private nuisance.Defamation is the first element that must be proved
in a suit for the invasion of the right to privacy.An employer is liable for a tort committed by an
employee if the employee was acting in the scope of his employment when he
committed it.

Multiple Choice Questions

Another
term for punitive damages is ___________damages.InculpatoryExculpatoryExemplaryCriminal

The
damages that are awarded to a victim to make the victim “whole” are ____________
damages.PunitiveCompensatoryNominalConsequential

Money
awarded to an accident victim to make up for lost wages would be
classified as ______________damages.PunitiveEconomicNon-economicNominal

Al, Bill, Chad
and Dan were found jointly and severally liable for $100,000 of property
damages caused when a fraternity initiation event got out of hand. Al,
Bill, and Chad
do not have the money to pay for their share of the damages. The only
solvent defendant is Dan. The most that Dan will have to pay the plaintiff
is$25,000$50,000$75,000$100,000

Lawyers
fees that give the lawyer a percentage of the amount awarded to the
plaintiff if the plaintiff wins, and nothing if the plaintiff loses, are
________________fees.CompensatoryContingentExemplaryPer
Diem

What
is the primary purpose of tort law?Punish
wrongdoersCompensate
victims for their lossesSupport
society by fining wrongdoersCreate
precedents in the common law

Bereaved
had a dispute with Funeral Home over the costs of services for his father.
When he left home the morning of the funeral, he found his father’s
embalmed body on his front door step. Bereaved has suffered prolonged
sleeplessness and depression since then. Bereaved can sue Funeral Home forFalse
imprisonmentMental
distressDisparagementInvasion
of privacy

Local
hunter went onto Neighbor’s land because deer had been seen there. Hunter
knew that the land belonged to his neighbor and that it was posted against
hunting. If Neighbor sues Hunter,Hunter
will be liable for willful trespass to land.Hunter
may be liable for punitive damages.Hunter
may have to pay neighbor’s court costs and attorney’s feesA, B
and C are all possible legal consequences.Hunter
has no liability because he did not damage the land while he was on it.

The
legal classification for all property that is not real property is
________________.ChattelGeneral
intangiblesContrabandRes
in se

Defendant’s
failure to do what a reasonable and prudent person would do in his
circumstances subjects him to liability forNegligenceStrict
liabilityFraudAll
of the above

The owner
of a family car could be liable for damages caused by any family member
using the car under the ___________________doctrine.Pater
familiasIn
loc parentisFamily
purposeRespondeat
superior

In
most states, children under the age of __________cannot be held liable for
negligence.7141618

Assume
that Big Drug Company (BDC) was one of ten drug manufactures who produced
and sold in the Cleveland
area a drug that was found to cause cancer in women whose mothers had
taken the drug while pregnant. Plaintiff cannot find out if the pills her
mother took were actually manufactured by BDC, but she does know that
BDC controlled 40 percent of
the market for that drug in the Cleveland area when her mother was
taking it. If a jury finds that plaintiff suffered $100,000 in damages,
she will be able to collect $40,000 from BDC if her state follows the
doctrine of ________________.Res
ipsa loquiturNegligence
per seMarket
share liability.All
of the above are necessary to collect from BDC in these circumstances.

The
doctrine under which employers are liable for torts committed by employees
while they are acting within the scope of their employment is___________.Joint
and several liabilityRespondeat
superiorNegligence
per seRes
ipsa loquitur.

Competitor
wrongfully claims that one of the ingredients used in the manufacture of
Hungry Dog dog food contains melanine, which is poisonous to animals.
Competitor has committed the tort of____________.NuisanceDisparagementInvasion
of privacyWrongful
interference with a contractual relationship

Tom
took Ann’s $125 Economics text
from her locker without her knowledge and sold it back to the college bookstore,
keeping the profits. Tom has committed the tort ofTrespass
to chattelConversionEmbezzlementNuisance

Mary,
concerned with antibiotics and chemicals in the food supply, started to
raise pigs in the backyard of her suburban home. She now has fourteen pigs
that produce a significant amount of sold waste, which attracts insects
and smells very bad. There are no town or county ordinances that
specifically forbid raising pigs. Her neighbors should challenge her right
to engage in this activity based on the tort ofIntentional
interference with a prospective business advantageIntentional
infliction of emotional distressNuisanceTrespass
to land

What
is the difference between libel and slander?Libel
is a written communication, and slander is an oral communication.Libel
is also a felony, but slander is not.Libel
requires that plaintiff prove malice on the part of the defendant, but
slander does not.Businesses
can only sue for defamation based on libel, not slander.

The
tort of invasion of the right to privacyRequires
in all cases that malice be proved as an elementRequires
that actual damages be demonstratedRequires
that some form of defamation have occurredProtects
individuals from the shame and humiliation of having private aspects of
their lives exposed to the public

Wendy
Witness testified for the plaintiff in a suit against Dan Defendant in which
he was charged with fraud. The jury found for Dan. Dan wants to sue Wendy
for defamation because the statements she made about him on the witness
stand were found to be untrue. What result?Dan
cannot sue Wendy for defamation because she has an absolute privilege as
a trial witness.Dan
can sue Wendy for defamation, but must prove actual malice.Dan
can sue Wendy for slander, but must prove actual damages.Dan
can sue Wendy for libel because the transcript reduced the defamation to
writing.

Frank
bought a diamond ring for his girlfriend from Bill. Bill told him he had given
the ring to his fiancée, who returned it when she broke off the
engagement. In fact, Bill had stolen the ring at a party. Frank had no
reason to know or suspect that the ring was stolen. What is Frank’s
liability in these circumstances?Frank
has committed embezzlement.Frank
has committed conspiracy.Frank
has committed conversion.Frank
has committed no torts because he had no knowledge that the ring was
stolen.

Big 60s
British Rock Star had a contract to perform at Shady Pines Retirement
Home, where many of his fans now lived. Sunnydale Retirement
Village, a business
rival, convinced Rock Star to breach his contract with Shady Pines and
perform for them instead on that day. They offered him more money and
promised to pay for any liability he might have to Shady Pines. For what
could Shady Pines sue Sunnydale?Breach
of contractInterference
with a contractual relationshipNuisanceConversion

Coca
Cola wants to sue Coda Cola for trademark infringement. Coda soda cans
have the same colors and ribbon letters as Coca Cola, and the names are
very similar. Which of the following is the test used to determine if
Coda’s packaging is deceptively similar to Coca Cola’s packaging?Would
a casual observer or buyer be deceived into buying Coda instead of Coca
Cola?Would
supermarkets and retail stores be inconvenienced by having to display
such similar products?Did
Coda act with malice in the choice of its design and logo?All
of the above are required elements of the infringement test.

Pam
and Sam took an overnight flight to Hawaii.
Without their knowledge or permission, an agent from Big Ad Agency took a
picture of them as they slept and used it in a full-page ad in a national
magazine. The agency had superimposed an image of a man in a business
suit, working on a laptop, sitting next to them. The caption read “Our
Brokers Never Sleep.” Pam and Sam could sue Big Ad forPrivate
nuisancePublic
nuisanceInvasion
of the right to privacySlander

Which
of the following forms of slander would notrequire that plaintiff
show special damages?A
statement that someone had a sexually transmitted diseaseA
statement that a female student was sexually promiscuousA
statement that an accountant had stolen money from a clientAll
of the above cases could be brought without showing special damages.