1. Under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they believe has shoplifted. (Points : 2)
2. Which of the following is generally considered a felony? (Points : 2)
disturbing the peace
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)
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)
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)
9. A wrong that arises from a violation of a private duty is called a: (Points : 2)
10. Defamation consisting of the publication or communication of false, spoken words is termed: (Points : 2)
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)
13. Strict liability is one type of tort. (Points : 2)
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.
16. To commit the tort of trespass to land, a person does not need to actually harm the land. (Points : 2)
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)
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)
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)
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)
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)
28. Defamation of a public figure requires what additional element? (Points : 2)
none of the above
29. The tort of false imprisonment requires the detention of a person without his or her consent. (Points : 2)
30. The Fifth Amendment protection against self-incrimination applies to (Points : 2)
individuals only. corporations
both individuals and corporations.
individuals only in their official capacity within a business.