Chapter 5

1. 36. The Class Action Fairness Act of 2005 a a. shifted jurisdiction over certain class-action lawsuits from the state courts to the federal courts. b. shifted jurisdiction over certain class-action lawsuits from the federal courts to the state courts. c. made forum shopping punishable by large fines. d. limited the amount of damages that could be awarded in a medical malpractice suit. 2. 37. Ike pushes Joan, who falls and breaks her arm. Ike a is liable for the injury a. if Ike intended to push Joan. b. only if Ike did not intend to break Joan's arm. c. only if Ike had a bad motive for pushing Joan. d. only if Ike intended to break Joan's arm. 3. 38. Mary is angry with Julia so she waits outside b Julia's house and hits Julia with a baseball bat as Julia leaves the house. When Julia sues Mary for bat- tery, Mary will be considered a a. victim. b. tortfeasor. c. plaintiff. d. unreasonable person. 4. 39. Louis—larger and stronger than Mica—threatens a to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for a. assault and battery. b. assault but not battery. c. battery but not assault. d. neither assault nor battery. 5. 40. Liz trespasses on Mega Corporation's property. d Through the use of rea-sonable force, Mega's security guard Ned detains Liz until the police ar-rive. Mega is liable for a. assault. b. battery. c. false imprisonment. d. none of the choices. 6. 41. Roger wants Andy to work late on a project. He d tells Andy that the morally correct thing to do is to stay late at the office and work on the project. Andy feels obligated to stay and work late due to the moral pressure from Roger. Andy stays late at the office, even though he does not want to. Andy can sue Roger for a. false imprisonment. b. battery. c. defamation. d. no tort. 7. 42. Jackie distributes a handbill throughout her neigh- d borhood accusing her neighbor Ked of being a convicted sex offender. The statement is defamatory if a. a neighbor repeats it. b. Ked suffers emotional distress. c. the statement is true. d. the statement is false. 8. 43. Glen falsely accuses Hu of stealing from Island a Tours, Inc., their employer. Glen's statement is NOT defamatory if a. only Hu hears it. b. a third party hears it. c. the statement is published. d. the statement is a lie. 9. 44. Jane develops a new color of lipstick. To market d her lipstick, Jane uses a computer design program to show a famous model using Jane's lip- stick. Jane does not ask the model's permission. The model can sue Jane for a. battery. b. fraudulent misrepresentation. c. defamation. d. appropriation. 10. 45. Barbara is selling her car. She knows that the c brakes do not work. When a potential buyer asks Barbara if there are any problems with the car, Barbara assures the buyer that there are no problems. The buyer purchases the car based on the assurance that there is nothing wrong with it. The buyer may be able to sue Barbara for a. assault. b. defamation. c. fraudulent misrepresentation. d. appropriation. 11. 46. Obie accuses Portia, a broker with QT Financial b Services, of fraudulently inducing him to invest in Risky Development Company, whose stock price declines in value. The reliance that gives rise to liability for fraud requires a. a subjective statement. b. misrepresentation of a fact knowing that it is false. c. puffery. d. seller's talk. 12. 47. Jim is an appliance salesperson. To make a sale, d he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is a. fraud if the statement is the truth. b. fraud if Jim believes that this statement is not true. c. fraud if Jim is stating his opinion, not the facts. d. not fraud. 13. 48. Dom, an EZ Baked Goods salesperson, follows b Flora, a salesperson for Goody Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful inter-ference with a a. bargaining relationship. b. business relationship. c. contractual relationship. d. customer relationship. 14. 49. Kai files a suit against Lana based on one of Lana's b statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of a. emotion . b. fact. c. illusion. d. opinion. 15. 50. OK Dry-Cleaning advertises so effectively that the d regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is a. appropriation. b. conversion. c. wrongful interference with a contractual