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FiveStarLaw
FiveStarLaw, Attorney
Category: Business Law
Satisfied Customers: 36608
Experience:  25 years of experience helping people like you.
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1. Under the tort of false imprisonment, shopkeepers are prevented

Resolved Question:

1. Under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they believe has shoplifted. (Points : 2)
True
False


2. Which of the following is generally considered a felony? (Points : 2)
reckless driving
disturbing the peace
robbery
none of the above


3. Under the doctrine of comparative negligence, both the plaintiff's and the defendant's negligence are taken into consideration. (Points : 2)
True
False


4. Bob is injured in a car accident and files a suit against Mary, whom Bob alleges was driving negligently. Mary claims that Bob was driving more carelessly than she was. Comparative negligence in tort cases may reduce a plaintiff's recovery (Points : 2)
only if the plaintiff was more at fault than the defendant.
only if the plaintiff and defendant were equally at fault.
only if the plaintiff was less at fault than the defendant.
even if the plaintiff was only a small fraction at fault.


5. In order to establish the tort of false imprisonment, a person must show imprisonment for: (Points : 2)
any amount of time.
at least one minute.
at least ten minutes.
at least one hour.


6. The tort of invasion of privacy is always defmed as appropriation of another's name or likeness. (Points : 2)
True
False


7. White-collar crimes (Points : 2)
always involve violence.
generally involve violence.
sometimes involve violence.
never involve violence.


8. Torts arise from a violation of a duty. (Points : 2)
public
private
contractual
criminal


9. A wrong that arises from a violation of a private duty is called a: (Points : 2)
criminal action.
tort.
crime.
de mala.


10. Defamation consisting of the publication or communication of false, spoken words is termed: (Points : 2)
slander.
libel.
privilege.
peijuiy.


11. Professionals have a duty to perform their jobs at the level of: (Points : 2)
a reasonable person.
a reasonable professional in the same business.
an extraordinarily careful person.
none of the above.


12. A battery occurs only if the victim suffers actual physical harm. (Points : 2)
True
False


13. Strict liability is one type of tort. (Points : 2)
True
False


14. At a fast food restaurant, Todd believes that he is being overcharged and shoves Vicky, the clerk. Vicky sues Todd, alleging that the shove was a battery. Todd is liable if (Points : 2)
the shove was offensive.
Todd acted out of malice.
Todd was not overcharged.
Vicky did not wait on Todd.


15. Alice strikes Mary, but the action is not purposeful. Mary should sue Alice for: (Points : 2)
an intentional tort.
negligence.
strict liability.
absolute liability.


16. To commit the tort of trespass to land, a person does not need to actually harm the land. (Points : 2)
True
False


17. In reviewing agency action, courts generally apply the (Points : 2)
beyond a reasonable doubt standard.
preponderance of the evidence standard.
arbitrary or capricious standard.
rational relationship standard.


18. The term "exhaust administrative remedies" means that (Points : 2)
parties to an agency action must be diligent in pursuing their case.
parties to an administrative action must take their appeal to a court of law.
parties to an administrative action can appeal only after the agency has made a final decision.
administrative agencies tend to work very hard.


19. The widest range of tort liability arises in the area of: (Points : 2)
negligence.
absolute liability.
violation of statute.
assumption of risk.


20. Gil owns a large ranch in Texas. Frank drives his sport utility vehicle off a highway and across Gil's property. Frank commits trespass only if he (Points : 2)
does not have Gil's permission to drive on the property.
drives onto the property for recreational purposes.
harms the property in a material way.
harms the property in any way.


21. A victim of a tort may sue and recover money damages. (Points : 2)
True
False


22. The degree of care required of a person is: (Points : 2)
that which a person exercised in that situation.
that which an extraordinary person would exercise under similar circumstances.
that which an ordinarily prudent person would exercise under similar circumstances.
none of the above.


23. Infliction of emotional distress requires a person to show that a conduct resulted in mental distress. (Points : 2)
True
False


24. Rob falsely accuses Jim of embezzling company funds. The statement is defamatory only if (Points : 2)
a third party hears it.
Jim suffers emotional distress.
the statement is made in an annoying manner.
the statement is published in the media.


25. Maria intentionally attempts to have Patty break a contract Patty has with Alfred. Maria will be liable under which theory of tort? (Points : 2)
libel
product disparagement
wrongful interference with a contract
infliction of emotional distress


26. Blackmail is defined as (Points : 2)
giving money to a person to influence that person's judgment.
using one's position as a public official to make an illegal demand.
using one's position as a nonpublic official to make an illegal demand.
providing improper political influence.


27. Tort law provides legal remedies for both personal injury and property damage. (Points : 2)
True
False


28. Defamation of a public figure requires what additional element? (Points : 2)
intent
malice
causation
none of the above


29. The tort of false imprisonment requires the detention of a person without his or her consent. (Points : 2)
True
False


30. The Fifth Amendment protection against self-incrimination applies to (Points : 2)
individuals only.
corporations only.
both individuals and corporations.
individuals only in their official capacity within a business.
Submitted: 2 years ago.
Category: Business Law
Expert:  FiveStarLaw replied 2 years ago.

I am working on your answer. One moment please.
Customer: replied 2 years ago.

ok thanks

 

Expert:  FiveStarLaw replied 2 years ago.
about 15 min. please
Customer: replied 2 years ago.
thanks
Expert:  FiveStarLaw replied 2 years ago.
Welcome to JustAnswer,

Thank you so much for directing your new question to me.

Here is my answer for comparison with your own:
1.
False


2.
robbery


3. True

4. even if the plaintiff was only a small fraction at fault.


5. any amount of time.

6. False


7. never involve violence.


8. Torts arise from a violation of a duty. (Points : 2)
private


9. A wrong that arises from a violation of a private duty is called a: (Points : 2)

tort.
.


10. Slander

11. a reasonable professional in the same business.

12.
False


13. True

14. the shove was offensive.

15. Negligence

16. True

17. .
preponderance of the evidence standard.
.


18.parties to an administrative action can appeal only after the agency has made a final decision.



19. Negligence.


20.
does not have Gil's permission to drive on the property.


21. True

22.
that which an ordinarily prudent person would exercise under similar circumstances.


23. True

24. a third party hears it.


25.
wrongful interference with a contract


26. giving money to a person to influence that person's judgment.


27. True

28. Malice

29. True

30. individuals only.

If you have any further questions, I am happy to assist you. You can start your new question with "for WebLaw" and send it to the appropriate legal, tax or homework category so that the question is directed to me and I can give your question my immediate attention

Thank you very much,
WebLaw
Customer: replied 2 years ago.
17 is arbitrary or capricious standard

26 is using one's position as a nonpublic official to make an illegal demand

Thanks for the help!
Expert:  FiveStarLaw replied 2 years ago.
Thank you very much.

If you have any further questions, I am happy to assist you. You can start your new question with "for WebLaw" and send it to the appropriate legal, tax or homework category so that the question is directed to me and I can give your question my immediate attention

Please remember to click accept – it's the only way I am paid by the site :-)
FiveStarLaw, Attorney
Category: Business Law
Satisfied Customers: 36608
Experience: 25 years of experience helping people like you.
FiveStarLaw and 4 other Business Law Specialists are ready to help you

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