COMPREHENSIVE STUDY GUIDE,
COMPREHENSION QUESTIONS, CASE-
BASED PRACTICE EXAM, DETAILED
ANSWER RATIONALES AND EXAM
PREPARATION RESOURCE
Privalege - CORRECT ANSWER -A special right, advantage, or immunity
granted to a person or a class of persons.
Qualified - CORRECT ANSWER -Person has a reason to defame
Fraudulent misrepresentation - CORRECT ANSWER -Any
misrepresentation, either by misstatement or by omission of a material fact,
knowingly made with the intention of deceiving another and on which a
reasonable person would and does rely to his or her detriment.
Intentional torts - CORRECT ANSWER -The act of something but not the
outcome
, Trespass to land - CORRECT ANSWER -Being on someone's land without
permission
Conversion - CORRECT ANSWER -The use of another's property without
permission
Negligence - CORRECT ANSWER -The failure to exercise the standard of
care that a reasonable person would exercise in similar circumstances
To succeed in negligence action the plaintiff must prove each of the
following. - CORRECT ANSWER -1. Duty - Defendant owes a duty of care to
the plaintiff
2. Breach - The defendant must breach the duty
3. Causation - The breach must have caused the injury/damage
4. Damages - Show damages.
Assumption of risk - CORRECT ANSWER -A plaintiff may not recover for
injuries or damage suffered from risks he or she knows of and has
voluntarily assumed. Danger invites rescue doctrine - CORRECT ANSWER -If
I harm you while rescuing you then you can't sue me.
Is there a guarantee to the right of privacy? - CORRECT ANSWER -No
Exclusionary rule - CORRECT ANSWER -A rule that prevents evidence that is
obtained illegally or without proper search warrant.