BLAW 341 Maull Exam 1 Practice Questions
and Correct Answers
Question 1
While a female patient is under anesthesia, a nurse draws a mustache and whiskers on
the patient's face, snaps a photo, and e-mails the photo to friends.
A.The patient may sue the nurse for libel;
B.The patient may sue the nurse for slander
Correct Answer
The patient may sue the nurse for libel
Question 2
What does a trial court do?
A.Reviews trial court proceedings to determine whether the trial court followed
substantive and procedural law
B.Considers questions of fact
Correct Answer
Considers questions of fact
Question 3
newsworthiness
2. privileged communities are exempt
3. consent
4. TRUTH is NOT a defense
Correct Answer
Defenses to right of privacy torts
Page 1 of 70
,Question 4
special damages and slander
Correct Answer
must prove under slander per se
Question 5
Consider model/uniform codes and choose which of the following is incorrect:
A.Uniform codes are the law of the applicable jurisdiction at the time they are written
B.Uniform codes must be adopted by a state legislature before they become law
C.Even if a uniform code is not enacted, the code can have persuasive value
D.A state may adopt part of a uniform law, but opt to reject other portions
Correct Answer
Uniform codes are the law of the applicable jurisdiction at the time they are written
Question 6
If Anne wants a working computer instead of her money back, Anne should petition
for the equitable relief of . . . (Hint: a purchase is a type of CONTRACT):
A.Rescission
B.Injunction
C.Specific Performance
Correct Answer
Specific Performance
Question 7
Truth is an ______________________ to any claim that a statement is defamatory
Correct Answer
absolute defense
Page 2 of 70
,Question 8
A newspaper reporter publishes a story that indicates a politician has filed an
inaccurate federal tax return. In fact, the politician's return was accurate, but the
sources with whom the reporter checked gave the reporter false information. Will the
politician be likely to win a defamation suit against the newspaper reporter and the
newspaper that published the story?
A.Yes
B.No
Correct Answer
No
Question 9
Puffery (seller's talk)
Correct Answer
Not fraud
Question 10
Max, a private citizen, is suing Sam in court. Max claims Sam breached a contract.
Which of the following actions may the court take?
A.The court may hold Sam liable and issue a monetary award (ordering Sam to pay
Max) or equitable relief
B.The court may find Sam guilty and fine or imprison him
C.The court may find Max guilty and fine or imprison him
Correct Answer
The court may hold Sam liable and issue a monetary award (ordering Sam to pay
Max) or equitable relief
Page 3 of 70
, Question 11
The baseball hits Jarrod and breaks Jarrod's nose. Also, unknown to Fran, Jarrod has a
rare genetic condition that causes Jarrod to immediately go into cardiac arrest when
he is startled. Jarrod's heart stops, and Jarrod ultimately requires 3 months of hospital
care.
Could Fran be held liable for all of Jarrod's hospital bills related to the cardiac arrest?
A. Yes
B. No
Correct Answer
Yes
Question 12
a subjective inquiry into the defendant's mind
Correct Answer
Knowledge for purposes of intent
Question 13
A guy knocks on the door of your home and offers to sell you what he claims is a
genuine Picasso painting. You purchase the painting. A year later, the police contact
you and tell you they have arrested the seller who is an internationally known art
thief. The thief confessed that he stole the painting he sold to you. You did not know
the painting was stolen at the time you purchased it. The victims of the theft want
their painting returned. If you refuse to return the painting or to pay the victims for
the painting, can you be held liable for conversion?
A.Yes
B.No
Correct Answer
Yes
Question 14
Intentional and unprivileged publication (oral or written) of a false statement that
disparages the property of another and causes a 3rd party to refrain from dealing
with plaintiff, and causes plaintiff to suffer measurable damage
Correct Answer
Slander of Quality (trade libel)
Page 4 of 70
and Correct Answers
Question 1
While a female patient is under anesthesia, a nurse draws a mustache and whiskers on
the patient's face, snaps a photo, and e-mails the photo to friends.
A.The patient may sue the nurse for libel;
B.The patient may sue the nurse for slander
Correct Answer
The patient may sue the nurse for libel
Question 2
What does a trial court do?
A.Reviews trial court proceedings to determine whether the trial court followed
substantive and procedural law
B.Considers questions of fact
Correct Answer
Considers questions of fact
Question 3
newsworthiness
2. privileged communities are exempt
3. consent
4. TRUTH is NOT a defense
Correct Answer
Defenses to right of privacy torts
Page 1 of 70
,Question 4
special damages and slander
Correct Answer
must prove under slander per se
Question 5
Consider model/uniform codes and choose which of the following is incorrect:
A.Uniform codes are the law of the applicable jurisdiction at the time they are written
B.Uniform codes must be adopted by a state legislature before they become law
C.Even if a uniform code is not enacted, the code can have persuasive value
D.A state may adopt part of a uniform law, but opt to reject other portions
Correct Answer
Uniform codes are the law of the applicable jurisdiction at the time they are written
Question 6
If Anne wants a working computer instead of her money back, Anne should petition
for the equitable relief of . . . (Hint: a purchase is a type of CONTRACT):
A.Rescission
B.Injunction
C.Specific Performance
Correct Answer
Specific Performance
Question 7
Truth is an ______________________ to any claim that a statement is defamatory
Correct Answer
absolute defense
Page 2 of 70
,Question 8
A newspaper reporter publishes a story that indicates a politician has filed an
inaccurate federal tax return. In fact, the politician's return was accurate, but the
sources with whom the reporter checked gave the reporter false information. Will the
politician be likely to win a defamation suit against the newspaper reporter and the
newspaper that published the story?
A.Yes
B.No
Correct Answer
No
Question 9
Puffery (seller's talk)
Correct Answer
Not fraud
Question 10
Max, a private citizen, is suing Sam in court. Max claims Sam breached a contract.
Which of the following actions may the court take?
A.The court may hold Sam liable and issue a monetary award (ordering Sam to pay
Max) or equitable relief
B.The court may find Sam guilty and fine or imprison him
C.The court may find Max guilty and fine or imprison him
Correct Answer
The court may hold Sam liable and issue a monetary award (ordering Sam to pay
Max) or equitable relief
Page 3 of 70
, Question 11
The baseball hits Jarrod and breaks Jarrod's nose. Also, unknown to Fran, Jarrod has a
rare genetic condition that causes Jarrod to immediately go into cardiac arrest when
he is startled. Jarrod's heart stops, and Jarrod ultimately requires 3 months of hospital
care.
Could Fran be held liable for all of Jarrod's hospital bills related to the cardiac arrest?
A. Yes
B. No
Correct Answer
Yes
Question 12
a subjective inquiry into the defendant's mind
Correct Answer
Knowledge for purposes of intent
Question 13
A guy knocks on the door of your home and offers to sell you what he claims is a
genuine Picasso painting. You purchase the painting. A year later, the police contact
you and tell you they have arrested the seller who is an internationally known art
thief. The thief confessed that he stole the painting he sold to you. You did not know
the painting was stolen at the time you purchased it. The victims of the theft want
their painting returned. If you refuse to return the painting or to pay the victims for
the painting, can you be held liable for conversion?
A.Yes
B.No
Correct Answer
Yes
Question 14
Intentional and unprivileged publication (oral or written) of a false statement that
disparages the property of another and causes a 3rd party to refrain from dealing
with plaintiff, and causes plaintiff to suffer measurable damage
Correct Answer
Slander of Quality (trade libel)
Page 4 of 70
