BLAW 205 FINAL EXAM UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
Question:
1. Tort
Answer:
a wrongful act or an infringement of a right (other than under contract) leading to
civil legal liability under personal or economic tems
Question:
2. Classifications: Intentional Torts
Answer:
deliberate acts of omission that causes injury
Question:
3. Classifications: Negligence
Answer:
thoughtless behavior- failure to follow a standard of care that causes injury
Question:
4. Classifications: Strict Liabiltiy
Answer:
no intent on standard of care required, :"just is"
Question:
5. Defamation
Answer:
Act of harming or ruining another's reputation
Need to provide the truth or at least use your opinion.
Question:
6. Slandar
Answer:
to defame; to speak maliciously of someone
Question:
7. Absolute Defamation-Intentional Torts
Answer:
made by judges allowed to have opinion
,Question:
8. Absolute Defamation-Defense of Defamation
Answer:
made by judges allowed to have opinion
Question:
9. Defamation on an ISP-Intentional Torts
Answer:
ISP can not be held liable for everything an account holder posts. However once
known to them they must act responsibly. They must comply with a federal
warrant.
Question:
10. Defamation on an ISP (Internet Service Provider)
-Intentional Torts
Answer:
ISP can not be held liable for everything an account holder posts. However once
known to them they must act responsibly. They must comply with a federal
warrant.
Question:
11. invasion of privacy-Intentional Torts
Answer:
revealing personal information about an individual without his or her consent.
Examples; invading your space or where you expect privacy. Spilling the beans,
even if the info is true if it is private then cannot dissolve to public. Statutory
protection:HIPPA, FERPA
Question:
12. Misappropriation- Intentional Torts
Answer:
the act of taking what belongs to someone else and using it illegally for one's own
gain- exclusive right of identity
Question:
13. Intentional Interference with Contracts- Intentional Torts
Answer:
encourage someone to break a legal contract that they have with as competition
, Question:
14. Fasle Imprisonment-Intentional Torts
Answer:
confining someone against their will. Intentional infliction of emotional distress.
Outrageous conduct that causes mental distress.
Question:
15. Difference Between a Tort and a Contract-Intentional
Torts
Answer:
Do not need a contract to sue for a torte
Contract only applies to people in contract
But they are both civil cases- no one is going to jail
Question:
16. Intentional Torts Involving property
Answer:
Trespass to land or personal property: no permission no easement
Conversion: wrong possession or use of personal property
Question:
17. Negligance
Answer:
1) Duty of care exists
2) Breach of that duty Of care by failing to meet the standard
3) Legal Cause or proximate causes of
4) Injury to another
5) Then you are responsible unclear negligence for the damages unless defense
exsists
Question:
1) Duty of Care
Answer:
The duty of all persons, as established by tort law, to exercise a reasonable
amount of care in their dealings with others. Failure to exercise due care, which is
normally determined by the reasonable person standard, constitutes the tort of
negligence.
Question:
2. Breach of that duty
Answer:
fail to render reasonable medical care for example
QUESTIONS AND CORRECT ANSWERS
Question:
1. Tort
Answer:
a wrongful act or an infringement of a right (other than under contract) leading to
civil legal liability under personal or economic tems
Question:
2. Classifications: Intentional Torts
Answer:
deliberate acts of omission that causes injury
Question:
3. Classifications: Negligence
Answer:
thoughtless behavior- failure to follow a standard of care that causes injury
Question:
4. Classifications: Strict Liabiltiy
Answer:
no intent on standard of care required, :"just is"
Question:
5. Defamation
Answer:
Act of harming or ruining another's reputation
Need to provide the truth or at least use your opinion.
Question:
6. Slandar
Answer:
to defame; to speak maliciously of someone
Question:
7. Absolute Defamation-Intentional Torts
Answer:
made by judges allowed to have opinion
,Question:
8. Absolute Defamation-Defense of Defamation
Answer:
made by judges allowed to have opinion
Question:
9. Defamation on an ISP-Intentional Torts
Answer:
ISP can not be held liable for everything an account holder posts. However once
known to them they must act responsibly. They must comply with a federal
warrant.
Question:
10. Defamation on an ISP (Internet Service Provider)
-Intentional Torts
Answer:
ISP can not be held liable for everything an account holder posts. However once
known to them they must act responsibly. They must comply with a federal
warrant.
Question:
11. invasion of privacy-Intentional Torts
Answer:
revealing personal information about an individual without his or her consent.
Examples; invading your space or where you expect privacy. Spilling the beans,
even if the info is true if it is private then cannot dissolve to public. Statutory
protection:HIPPA, FERPA
Question:
12. Misappropriation- Intentional Torts
Answer:
the act of taking what belongs to someone else and using it illegally for one's own
gain- exclusive right of identity
Question:
13. Intentional Interference with Contracts- Intentional Torts
Answer:
encourage someone to break a legal contract that they have with as competition
, Question:
14. Fasle Imprisonment-Intentional Torts
Answer:
confining someone against their will. Intentional infliction of emotional distress.
Outrageous conduct that causes mental distress.
Question:
15. Difference Between a Tort and a Contract-Intentional
Torts
Answer:
Do not need a contract to sue for a torte
Contract only applies to people in contract
But they are both civil cases- no one is going to jail
Question:
16. Intentional Torts Involving property
Answer:
Trespass to land or personal property: no permission no easement
Conversion: wrong possession or use of personal property
Question:
17. Negligance
Answer:
1) Duty of care exists
2) Breach of that duty Of care by failing to meet the standard
3) Legal Cause or proximate causes of
4) Injury to another
5) Then you are responsible unclear negligence for the damages unless defense
exsists
Question:
1) Duty of Care
Answer:
The duty of all persons, as established by tort law, to exercise a reasonable
amount of care in their dealings with others. Failure to exercise due care, which is
normally determined by the reasonable person standard, constitutes the tort of
negligence.
Question:
2. Breach of that duty
Answer:
fail to render reasonable medical care for example