KELLEY SCHOOL OF BUSINESS - L201 EXAM 1
QUESTIONS WITH ACCURATE ANSWERS
2nd restatement of torts correct answer >Intervening, Supervening, or
Superseding Cause- the criminal actions of a third party cuts off the liability of an
otherwise negligent defendant, unless those criminal actions are foreseeable.
(ex: guy throws bottle off of building, lady trips, which causes someone to lose
their dog, ....)
4 elements of negligence correct answer 1) The defendant owed a duty of care to
the plaintiff
2) The defendant committed a breach of this duty
3) This breach was the actual and proximate cause of injury experienced by the
plaintiff
-Proximate Cause: was there a foreseeable risk or result?
-Cause in Fact: uses but for test, which questions if the plaintiff would've been
harmed if it weren't for the defendant.
4) There is some sort of injury whether it be mental, physical, or to property.
4 schools of jurisprudence and description of each correct answer 1) Legal
Positivism- sees legal validity and moral validity as separate... laws should be
enforced and obeyed, just or not
2) Natural Law- good law=just, bad law=not just
3) American Legal Realism- what really affects peoples lives is true law
4) Sociological (Public Policy)- what would people want to happen?
,4 types of invasion of privacy correct answer 1. intrusion on solitude/seclusion
(physical or non-physical, searching home, tapping telephone)
2. publicizing private matters (info about sex life, not paying bills, etc.)
3. publicizing in a false light (signing a person's name to a public letter they don't
believe in)
*for this you need widespread dissemination
4. appropriation of name/likeness (using one's name to endorse a product)
(ex: woman in Stanford campus, guy asks for a photo, he photoshops her face to a
naked body and posts it online > he can be sued for false light and appropriation
of name and likeness)
6 functions of law? correct answer 1) peacekeeping
2) checking gmt. power and promoting personal freedom
3) facilitating planning and the realization of reasonable expectations
4) promoting economic growth via free comp.
5) promoting social justice
6) protecting the environment
Actual Malice correct answer Either knowledge of a defamatory statement's
falsity or a reckless disregard for the truth.
>Public Officials can't sue for defamation, they have to sue for Actual Malice
, Administrative Agencies... correct answer obtain the ability to make law through a
delegation of power from legislature. Their decisions are legally binding but
appeals to the legislation are sometimes allowed
Appeals from the highest state courts are within Supreme Court's jurisdiction
when correct answer 1) a treaty/federal statute has been questioned
2) state statute conflicts with federal law
3) Any title, right, privilege, or immunity is claimed under federal law
***You cannot appeal to the supreme court, you have to be granted writ of
certiorari
Assault correct answer intentionally attempting or threatening to touch a person's
body without the person's consent
-same intent elements as battery, however, assault stresses APPREHENSION
(person thinking "I'm about to be hit")
*you don't have to be afraid to be a victim of battery/assault.
(ex: "Im gonna beat your ass as soon as you step outside" >assault W/O battery)
Battery correct answer the intentional and harmful or offensive touching of
another without his consent.
Intent Required:
QUESTIONS WITH ACCURATE ANSWERS
2nd restatement of torts correct answer >Intervening, Supervening, or
Superseding Cause- the criminal actions of a third party cuts off the liability of an
otherwise negligent defendant, unless those criminal actions are foreseeable.
(ex: guy throws bottle off of building, lady trips, which causes someone to lose
their dog, ....)
4 elements of negligence correct answer 1) The defendant owed a duty of care to
the plaintiff
2) The defendant committed a breach of this duty
3) This breach was the actual and proximate cause of injury experienced by the
plaintiff
-Proximate Cause: was there a foreseeable risk or result?
-Cause in Fact: uses but for test, which questions if the plaintiff would've been
harmed if it weren't for the defendant.
4) There is some sort of injury whether it be mental, physical, or to property.
4 schools of jurisprudence and description of each correct answer 1) Legal
Positivism- sees legal validity and moral validity as separate... laws should be
enforced and obeyed, just or not
2) Natural Law- good law=just, bad law=not just
3) American Legal Realism- what really affects peoples lives is true law
4) Sociological (Public Policy)- what would people want to happen?
,4 types of invasion of privacy correct answer 1. intrusion on solitude/seclusion
(physical or non-physical, searching home, tapping telephone)
2. publicizing private matters (info about sex life, not paying bills, etc.)
3. publicizing in a false light (signing a person's name to a public letter they don't
believe in)
*for this you need widespread dissemination
4. appropriation of name/likeness (using one's name to endorse a product)
(ex: woman in Stanford campus, guy asks for a photo, he photoshops her face to a
naked body and posts it online > he can be sued for false light and appropriation
of name and likeness)
6 functions of law? correct answer 1) peacekeeping
2) checking gmt. power and promoting personal freedom
3) facilitating planning and the realization of reasonable expectations
4) promoting economic growth via free comp.
5) promoting social justice
6) protecting the environment
Actual Malice correct answer Either knowledge of a defamatory statement's
falsity or a reckless disregard for the truth.
>Public Officials can't sue for defamation, they have to sue for Actual Malice
, Administrative Agencies... correct answer obtain the ability to make law through a
delegation of power from legislature. Their decisions are legally binding but
appeals to the legislation are sometimes allowed
Appeals from the highest state courts are within Supreme Court's jurisdiction
when correct answer 1) a treaty/federal statute has been questioned
2) state statute conflicts with federal law
3) Any title, right, privilege, or immunity is claimed under federal law
***You cannot appeal to the supreme court, you have to be granted writ of
certiorari
Assault correct answer intentionally attempting or threatening to touch a person's
body without the person's consent
-same intent elements as battery, however, assault stresses APPREHENSION
(person thinking "I'm about to be hit")
*you don't have to be afraid to be a victim of battery/assault.
(ex: "Im gonna beat your ass as soon as you step outside" >assault W/O battery)
Battery correct answer the intentional and harmful or offensive touching of
another without his consent.
Intent Required:
