BADM 300 Test 2 Questions with Correct Answers
Question 1:
Jackie, an accountant, distributes an advertisement to her business clients and potential
customers accusing her competitor Ked of being a convicted thief. The statement is NOT
defamatory if
Answer:
the statement is true
Question 2:
The duty to exercise reasonable care requires storeowners to warn business invitees of all risks.
-
Answer:
Additionally, truth is an absolute defense to defamation.
Question 3:
Landowners have a duty to warn business invitees of foreseeable risks (those that are known or
Answer:
False
Question 4:
should have been known). These include construction zones and wet floors. Also, Landowners
Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed.
Answer:
do not have to warn of obvious risks.
Question 5:
Regarding the risk of injury, Liu assumes the risks
Answer:
risks normally associated with the triathlon
Question 6:
Assumption of risk is a defense to negligence. Under assumption of risk, the Plaintiff must have
,knowledge of the risk, but voluntarily engages in the act anyway. In this instance, Plaintiff
voluntarily signed up for a triathlon, accepting the risks normally associated with triathlons,
nothing more, nothing less. A successful defense releases the defendant from partial or full
liability for a tortious act.
Answer:
True.
Question 7:
Those being sued for tortious activity may raise defenses, and if they are successful, the Brady
knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that
Answer:
defendant may avoid liability.
Question 8:
there are no problems with the car. On this assurance, Celia buys the car. On learning the truth,
she may sue Brady for
Answer:
fraudulent misrepresentation.
Question 9:
torts.
Answer:
False.
Question 10:
An Iowa state statute requires amusement parks to maintain equipment in specific condition
for
Answer:
Torts are either intentional or unintentional.
Question 11:
the protection of patrons. Jack's Fun Park fails to maintain its equipment. Keely, a patron, is
injured. Jack's has committed
Answer:
,negligence per se.
Question 12:
Negligence per se occurs when Defendant violated a statute (amusement park statute)
designed The duty of care standard for an Attorney is the reasonable Attorney standard, not
the reasonable
Answer:
to protect the type of plaintiff that was injured (here, a patron).
Question 13:
person standard.
Answer:
True.
Question 14:
Under the doctrine of comparative negligence, both the plaintiff and defendant's negligence is
Answer:
Negligence requires an injury.
Question 15:
computed. The defendant will have to pay that portion of the negligence attributed to him. -
Comparative negligence computes the proportion of damages attributed to Plaintiff's actions
and
Answer:
True.
Question 16:
the portion of damages. The court or jury then apportions liability and damages accordingly.
The Defendant must then pay his proportionate share of damages. Ultra-hazardous or
abnormally dangerous activities involve which of the following?
Answer:
D. Serious
, Question 17:
Ultra-hazardous or abnormally dangerous activities involve 1) serious potential harm; 2) high
Answer:
potential harm and High degree of risk that cannot be made safer with good care
degree of risk that cannot be made safe; and 3) NOT commonly performed in the community or
Question 18:
Both federal and state anti-spam laws require "opt out" provisions to unsubscribe from further
Answer:
area.
Question 19:
email ads.
Answer:
True
Question 20:
Spams are regulated at both the state and the federal level. State law in thirty-six states and the
federal CAN-SPAM Act require "opt-out" provisions so recipients may unsubscribe to further
email ads. Product liability can be based on which of the following legal theories?
Answer:
Product liability can be
Question 21:
based on four different theories: 1) negligence; 2) misrepresentation; 3) strict liability; and 4)
warranty theory. A trademark is only protected under federal law.
Answer:
False
Question 22:
Trademark is protected under both federal and state law. Trademark is protected under the
federal Lanham Trademark Act. Trademark is also protected under state law either under a
state Ralph designs and manufacturers glass bottles that will eventually be filled with
Coca-Cola. One
Question 1:
Jackie, an accountant, distributes an advertisement to her business clients and potential
customers accusing her competitor Ked of being a convicted thief. The statement is NOT
defamatory if
Answer:
the statement is true
Question 2:
The duty to exercise reasonable care requires storeowners to warn business invitees of all risks.
-
Answer:
Additionally, truth is an absolute defense to defamation.
Question 3:
Landowners have a duty to warn business invitees of foreseeable risks (those that are known or
Answer:
False
Question 4:
should have been known). These include construction zones and wet floors. Also, Landowners
Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed.
Answer:
do not have to warn of obvious risks.
Question 5:
Regarding the risk of injury, Liu assumes the risks
Answer:
risks normally associated with the triathlon
Question 6:
Assumption of risk is a defense to negligence. Under assumption of risk, the Plaintiff must have
,knowledge of the risk, but voluntarily engages in the act anyway. In this instance, Plaintiff
voluntarily signed up for a triathlon, accepting the risks normally associated with triathlons,
nothing more, nothing less. A successful defense releases the defendant from partial or full
liability for a tortious act.
Answer:
True.
Question 7:
Those being sued for tortious activity may raise defenses, and if they are successful, the Brady
knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that
Answer:
defendant may avoid liability.
Question 8:
there are no problems with the car. On this assurance, Celia buys the car. On learning the truth,
she may sue Brady for
Answer:
fraudulent misrepresentation.
Question 9:
torts.
Answer:
False.
Question 10:
An Iowa state statute requires amusement parks to maintain equipment in specific condition
for
Answer:
Torts are either intentional or unintentional.
Question 11:
the protection of patrons. Jack's Fun Park fails to maintain its equipment. Keely, a patron, is
injured. Jack's has committed
Answer:
,negligence per se.
Question 12:
Negligence per se occurs when Defendant violated a statute (amusement park statute)
designed The duty of care standard for an Attorney is the reasonable Attorney standard, not
the reasonable
Answer:
to protect the type of plaintiff that was injured (here, a patron).
Question 13:
person standard.
Answer:
True.
Question 14:
Under the doctrine of comparative negligence, both the plaintiff and defendant's negligence is
Answer:
Negligence requires an injury.
Question 15:
computed. The defendant will have to pay that portion of the negligence attributed to him. -
Comparative negligence computes the proportion of damages attributed to Plaintiff's actions
and
Answer:
True.
Question 16:
the portion of damages. The court or jury then apportions liability and damages accordingly.
The Defendant must then pay his proportionate share of damages. Ultra-hazardous or
abnormally dangerous activities involve which of the following?
Answer:
D. Serious
, Question 17:
Ultra-hazardous or abnormally dangerous activities involve 1) serious potential harm; 2) high
Answer:
potential harm and High degree of risk that cannot be made safer with good care
degree of risk that cannot be made safe; and 3) NOT commonly performed in the community or
Question 18:
Both federal and state anti-spam laws require "opt out" provisions to unsubscribe from further
Answer:
area.
Question 19:
email ads.
Answer:
True
Question 20:
Spams are regulated at both the state and the federal level. State law in thirty-six states and the
federal CAN-SPAM Act require "opt-out" provisions so recipients may unsubscribe to further
email ads. Product liability can be based on which of the following legal theories?
Answer:
Product liability can be
Question 21:
based on four different theories: 1) negligence; 2) misrepresentation; 3) strict liability; and 4)
warranty theory. A trademark is only protected under federal law.
Answer:
False
Question 22:
Trademark is protected under both federal and state law. Trademark is protected under the
federal Lanham Trademark Act. Trademark is also protected under state law either under a
state Ralph designs and manufacturers glass bottles that will eventually be filled with
Coca-Cola. One
