UPDATED QUESTIONS WITH
ANSWERS
True or False:
A libel judgment obtained by a public official against a newspaper cannot stand unless the
plaintiff has shown "actual malice." - CORRECT ANSWER>>>True
True or False:
Under the rule of vicarious liability, an employer is responsible for the negligence of his
employees if they were acting in the scope of employment - CORRECT ANSWER>>>True
It was once believed that a manufacturer or supplier owed a duty of care only to immediate
purchasers, not to others who might use the product or to whom the product might be resold.
This limitation was known as the rule of... - CORRECT ANSWER>>>Privity
True or False:
The tort of false imprisonment is limited to those situations where the victim is locked up, as in a
prison or in a locked room. - CORRECT ANSWER>>>False
Intentional torts include all of the following except: - CORRECT ANSWER>>>Negligent
conduct
MATCHING:
Theories or types of tort liability - CORRECT ANSWER>>>intentional torts, negligence and
strict liability
MATCHING:
Defenses available in a negligence lawsuit - CORRECT ANSWER>>>contributory negligence,
comparative negligence and assumption of risk
MATCHING:
A wrong for which the law will provide redress, most often in the form of money damages but
sometimes in the form of an injunction. - CORRECT ANSWER>>>Tort
MATCHING:
Intentionally inducing another party to breach a contract. - CORRECT
ANSWER>>>interference with contractual relations
MATCHING:
The tort of causing someone to be prosecuted for a criminal act, knowing that there was no
probable cause to believe that the plaintiff had committed the crime. - CORRECT
ANSWER>>>Malicious prosecution
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, MATCHING:
Libel and slander. - CORRECT ANSWER>>>Defamation
MATCHING:
Formula involving a fictitious person "of ordinary prudence." - CORRECT
ANSWER>>>Reasonable man standard
MATCHING:
Legal phrase for the connection between the act complained of and the resulting injury. -
CORRECT ANSWER>>>Proximate cause
MATCHING:
Act of God - CORRECT ANSWER>>>force majeure
MATCHING:
Doctrine stating that government is immune from suit. - CORRECT ANSWER>>>sovereign
immunity
True or False:
The tort of intentional infliction of emotional distress requires that mental distress results from
some physical injury. - CORRECT ANSWER>>>False
True or False:
Tort law is confined to tangible physical harm to person or property. - CORRECT
ANSWER>>>False
Short Answer:
Discuss the difference between battery and assault - CORRECT ANSWER>>>Assault is the
threat or use of force that causes the victim to have a reasonable belief of imminent harmful or
offensive contact. Battery is the actual application of force to another resulting in harmful or
offensive contact.
Discuss the four elements of negligence - CORRECT ANSWER>>>In order to recover, a
plaintiff must prove
(1) a breach of duty
(2) actual injury suffered by the plaintiff,
(3) actual and proximate causation between the breach and the injury, and
(4) she must overcome any defenses raised by the defendant.
Discuss defamation and the available defenses - CORRECT ANSWER>>>Defamation is the (1)
unprivileged (2) publication of (3) false and defamatory (4) statements concerning another. Truth
is a complete defense to liability. Some defamatory statements may be privileged as well. In
some circumstances, social interests may outweigh those of the individual's right to reputation.
Privileges may be absolute (as in a judicial proceeding) or conditional, which may be a defense
unless abused in some way.
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