Truth is a complete defense to defamation.
TRUE OR FALSE
Give this one a try later!
TRUE [See page 298]
1. The "But for" test:
a. is a test for causation.
b. is the test for proximate cause.
c. has been eliminated as the causation test in negligence cases.
d. none of the above
Give this one a try later!
, a. is a test for causation.
Businesses are never liable for criminal activity on their premises.
TRUE OR FALSE
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FALSE.
[They have the duty to use reasonable care to protect business invitees if
they know or have reason to know of an unreasonable and foreseeable risk
of harm to the invitee. See the Chaney v. Starbucks case and the language
in the last paragraph on page 312.]
1. Comparative negligence means
a. If any portion of the damages suffered by the plaintiff were caused by the plaintiff,
the plaintiff's damages will be reduced by the amount of damages he caused.
b. If any portion of the damages suffered by the plaintiff were caused by the plaintiff,
the plaintiff may recover damages for all of his injuries.
c. If any portion of the damages suffered by the plaintiff were caused by the plaintiff,
the plaintiff may not recover damages for any of his injuries.
d. None of the above.
Give this one a try later!
If any portion of the damages suffered by the plaintiff were caused by the
plaintiff, the plaintiff's damages will be reduced by the amount of damages
he caused.
,You are the CEO for a company that sells electronic cigarettes. Numerous citizens
have complained that your company's products are unsafe. You are considering using
social media to get out the message that e-cigarettes are safe and your intent is to
claim that the e-cigarettes have not caused injuries. If you do make these claims using
social media, these statements
a. will be considered political speech and be fully protected from government
regulation.
b. will be considered offensive speech, so the statements may be protected from
government regulation.
c. will be considered offensive speech, so the statements may not be protected from
government regulation.
d. may be considered commercial speech, so they may not be protected from
government regulation.
e. may be considered dangerous speech, so it may not be protected.
Give this one a try later!
may be considered commercial speech, so they may not be protected
from government regulation.
[Note: The Nike case refers to speech via letters to university presidents
and editorials as commercial speech, and by extension, social media is
another non-traditional avenue of commercial speech. See page 158. The
content of the speech is commercial in nature. Source: Spring 2015 Exam.]
The plaintiff must prove that both "but for" causation and "proximate cause" exists in a
negligence case in order to recover.
TRUE OR FALSE
Give this one a try later!
TRUE. [Source: Spring 2015 Exam. See pages 314-315
, 1. The Economic Espionage Act provides that it is a criminal offense to steal trade
secrets using downloading, unauthorized access, etc.
TRUE OR FALSE
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TRUE. [See pages 272-273.]
John Smith is in the sales department in a large high tech company. In a meeting for all
of the sales executives in the company, his manager accused him of inflating his sales
figures. What does John need to prove in order to recover?
a. That the statements were published.
b. Malice or reckless disregard for the truthfulness of the statements.
c. That John suffered damages.
d. Both a and c.
e. A, b, and c above.
Give this one a try later!
d. Both a and c.
[See pages 296-297.]
1. You meet with a foreign public official to persuade him to give you a license to open
a casino to your large resort property by giving him a $10,000 gift. This license is
worth $5,000,000 in the community. You also give him a $500 payment to speed up
trash removal service for your establishment. What is your maximum penalty, if any?
a. $ 10,000,000
b. $ 5,000,000
c. $ 10,000
d. $ 20,000
e. None.
TRUE OR FALSE
Give this one a try later!
TRUE [See page 298]
1. The "But for" test:
a. is a test for causation.
b. is the test for proximate cause.
c. has been eliminated as the causation test in negligence cases.
d. none of the above
Give this one a try later!
, a. is a test for causation.
Businesses are never liable for criminal activity on their premises.
TRUE OR FALSE
Give this one a try later!
FALSE.
[They have the duty to use reasonable care to protect business invitees if
they know or have reason to know of an unreasonable and foreseeable risk
of harm to the invitee. See the Chaney v. Starbucks case and the language
in the last paragraph on page 312.]
1. Comparative negligence means
a. If any portion of the damages suffered by the plaintiff were caused by the plaintiff,
the plaintiff's damages will be reduced by the amount of damages he caused.
b. If any portion of the damages suffered by the plaintiff were caused by the plaintiff,
the plaintiff may recover damages for all of his injuries.
c. If any portion of the damages suffered by the plaintiff were caused by the plaintiff,
the plaintiff may not recover damages for any of his injuries.
d. None of the above.
Give this one a try later!
If any portion of the damages suffered by the plaintiff were caused by the
plaintiff, the plaintiff's damages will be reduced by the amount of damages
he caused.
,You are the CEO for a company that sells electronic cigarettes. Numerous citizens
have complained that your company's products are unsafe. You are considering using
social media to get out the message that e-cigarettes are safe and your intent is to
claim that the e-cigarettes have not caused injuries. If you do make these claims using
social media, these statements
a. will be considered political speech and be fully protected from government
regulation.
b. will be considered offensive speech, so the statements may be protected from
government regulation.
c. will be considered offensive speech, so the statements may not be protected from
government regulation.
d. may be considered commercial speech, so they may not be protected from
government regulation.
e. may be considered dangerous speech, so it may not be protected.
Give this one a try later!
may be considered commercial speech, so they may not be protected
from government regulation.
[Note: The Nike case refers to speech via letters to university presidents
and editorials as commercial speech, and by extension, social media is
another non-traditional avenue of commercial speech. See page 158. The
content of the speech is commercial in nature. Source: Spring 2015 Exam.]
The plaintiff must prove that both "but for" causation and "proximate cause" exists in a
negligence case in order to recover.
TRUE OR FALSE
Give this one a try later!
TRUE. [Source: Spring 2015 Exam. See pages 314-315
, 1. The Economic Espionage Act provides that it is a criminal offense to steal trade
secrets using downloading, unauthorized access, etc.
TRUE OR FALSE
Give this one a try later!
TRUE. [See pages 272-273.]
John Smith is in the sales department in a large high tech company. In a meeting for all
of the sales executives in the company, his manager accused him of inflating his sales
figures. What does John need to prove in order to recover?
a. That the statements were published.
b. Malice or reckless disregard for the truthfulness of the statements.
c. That John suffered damages.
d. Both a and c.
e. A, b, and c above.
Give this one a try later!
d. Both a and c.
[See pages 296-297.]
1. You meet with a foreign public official to persuade him to give you a license to open
a casino to your large resort property by giving him a $10,000 gift. This license is
worth $5,000,000 in the community. You also give him a $500 payment to speed up
trash removal service for your establishment. What is your maximum penalty, if any?
a. $ 10,000,000
b. $ 5,000,000
c. $ 10,000
d. $ 20,000
e. None.
