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Quiz von Marissa Boretz, aktualisiert more than 1 year ago
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Erstellt von Marissa Boretz
vor mehr als 9 Jahre
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Frage 1
Frage
A victim of a tort may sue and recover money damages.
Antworten
- True
- False
Frage 2
Frage
"Tort” comes from the Latin term “tortus,” which means “crooked, dubious, or twisted.”
Antworten
- True
- False
Frage 3
Frage
If a crime does not hurt an identifiable person, it is not a tort.
Antworten
- True
- False
Frage 4
Frage
A tort is a wrong arising from a violation of a public duty
Antworten
- True
- False
Frage 5
Frage
Strict liability is one type of tort
Antworten
- True
- False
Frage 6
Frage
Careless actions that result in injuries to others usually are not deemed to be torts.
Antworten
- True
- False
Frage 7
Frage
For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.
Antworten
- True
- False
Frage 8
Frage
The concept of strict liability is applied without regard to whether the defendant was at fault.
Antworten
- True
- False
Frage 9
Frage
Assault is the intentional, wrongful touching of another person without that person’s consent.
Antworten
- True
- False
Frage 10
Frage
The tort of false imprisonment requires the detention of a person without his or her consent.
Antworten
- True
- False
Frage 11
Frage
Under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they believe has shoplifted.
Antworten
- True
- False
Frage 12
Frage
The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.
Antworten
- True
- False
Frage 13
Frage
The tort of invasion of privacy always requires the misappropriation of another's name or likeness.
Antworten
- True
- False
Frage 14
Frage
Commercial exploitation is a form of invasion of privacy.
Antworten
- True
- False
Frage 15
Frage
Offensive or derogatory language used by one person to describe another constitutes the tort of slander.
Antworten
- True
- False
Frage 16
Frage
In terms of defamation liability, members of the United States Congress enjoy an absolute privilege when they are speaking on the floor of the Senate or the House of Representatives.
Antworten
- True
- False
Frage 17
Frage
Libel is the printed equivalent of the spoken form of defamation known as slander.
Antworten
- True
- False
Frage 18
Frage
The media enjoy a qualified privilege for stories that turn out to be false.
Antworten
- True
- False
Frage 19
Frage
Truth is not a defense to defamation.
Antworten
- True
- False
Frage 20
Frage
Product disparagement is a form of defamation.
Antworten
- True
- False
Frage 21
Frage
Malice is always a required element of defamation.
Antworten
- True
- False
Frage 22
Frage
A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.
Antworten
- True
- False
Frage 23
Frage
The use of someone’s car without that person’s permission is a trespass to personal property.
Antworten
- True
- False
Frage 24
Frage
Today, the widest range of tort liability arises in the field of negligence.
Antworten
- True
- False
Frage 25
Frage
To determine whether the defendant is liable for negligence, a reasonable person standard is employed.
Antworten
- True
- False
Frage 26
Frage
Professionals have a duty to perform their functions at the same level as would a reasonable person.
Antworten
- True
- False
Frage 27
Frage
Plaintiffs are typically awarded punitive damages in negligence cases.
Antworten
- True
- False
Frage 28
Frage
When contributory negligence is proven, damages awarded as reduced based on the plaintiff’s degree of fault.
Antworten
- True
- False
Frage 29
Frage
The assumption of risk defense has been abolished in several states.
Antworten
- True
- False
Frage 30
Frage
Governments are generally immune from tort liability.
Antworten
- True
- False
Frage 31
Frage
A wrong that arises from a violation of a private duty is called a:
Antworten
-
criminal action
-
tort
-
crime
-
de mala
Frage 32
Frage
Concerning torts and crimes, choose the correct statement:
Antworten
-
every tort is a crime
-
every crime is a tort
-
no crime is a tort
-
a crime may also be a tort
Frage 33
Frage
Torts arise from a violation of a ____ duty.
Antworten
-
public
-
private
-
contractual
-
criminal
Frage 34
Frage
Torts are classified as:
Antworten
-
intentional only
-
negligence only
-
strict liability only
-
intentional, negligence and strict liability
Frage 35
Frage
Without meaning to, Alice carelessly strikes Mary. Mary may be able to sue Alice for:
Antworten
-
an intentional tort
-
negligence
-
strict liability
-
absolute liability
Frage 36
Frage
In order to establish the tort of false imprisonment, a person must show imprisonment for:
Antworten
-
any amount of time
-
at least one minute
-
at least ten minutes
-
at least one hour
Frage 37
Frage
A shopkeeper may lose the shopkeeper’s privilege if:
Antworten
-
the customer is kept an unreasonable amount of time
-
the shopkeeper acted with reasonable suspicion.
-
the shopkeeper acted with necessary force.
-
all of the above
Frage 38
Frage
John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for:
Antworten
-
defamation
-
wrongful interference with a contract
-
intentional infliction of emotional distress
-
tresspass
Frage 39
Frage
The tort of invasion of privacy includes:
Antworten
-
intrustion into private affairs
-
public disclosure of private facts
-
misappropriation of another's name
-
all of the above
Frage 40
Frage
Defamation of a public figure requires what additional element
Antworten
-
Intent
-
Malice
-
Causation
-
None of the above
Frage 41
Frage
Which of the following is a defense to defamation?
Antworten
-
slander
-
libel
-
truth
-
all of the above
Frage 42
Frage
Oral or spoken defamation is
Antworten
-
slander
-
libel
-
privilege
-
perjury
Frage 43
Frage
An absolute privilege is available as a defense to slander liability when:
Antworten
-
The statement is made to only a few people
-
libel exists
-
a witness testifies in a court proceedings
-
no intent to harm is present
Frage 44
Frage
Slander of title and trade libel are collectively known as product
Antworten
-
Divestiture
-
Disparagement
-
Dilution
-
Diversion
Frage 45
Frage
Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under which theory of tort?
Antworten
-
Libel
-
product disparagement
-
contract interference
-
intentional infliction of emotional distress
Frage 46
Frage
Trespass applies to
Antworten
-
personal property only
-
land only
-
both personal property and land
-
only government-owned property
Frage 47
Frage
Trespass to personal property requires
Antworten
-
the personal property to be connected to real property
-
destroying the personal property
-
the invasion of personal property regardless of whether the owner grants permissions
-
the invasion of personal property without the permission of the owner
Frage 48
Frage
The widest range of tort liability arises in the area of:
Antworten
-
negligence
-
absolute liability
-
violation of statue
-
assumption of risk
Frage 49
Frage
The degree of care required of a person is
Antworten
-
that degree of care the person exercised in the situation at hand.
-
that degree of care an extraordinary person would exercise under similar circumstances.
-
that degree of care an ordinarily prudent person would exercise under similar circumstances.
-
none of the above
Frage 50
Frage
Professionals have a duty to perform their jobs at the level of:
Antworten
-
a reasonable person
-
a reasonable professional in the same business
-
an extraordinarily careful person
-
none of the above
Frage 51
Frage
Comparative negligence
Antworten
-
has been rejected by most of the states.
-
allows a comparison of negligence between plaintiff and defendant.
-
only applies when the plaintiff has signed a release.
-
is a bar to recovery under common law.
Frage 52
Frage
If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received, what negligence has occurred?
Antworten
-
criminal
-
contributory
-
personal
-
prejudicial
Frage 53
Frage
What type of damages is recoverable when the defendant’s tortious conduct is accompanied by fraud, malice, or willful or wanton conduct?
Antworten
-
compensatory
-
consequential
-
nominal
-
punitive
Frage 54
Frage
The concept of immunity from liability means that:
Antworten
-
one who harms another can be held liable only for voluntary acts.
-
certain persons are not subject to tort liability.
-
one who harms another without intending to do so is not subject to tort liability.
-
one who harms a child can never be sued by the parents of the injured child.
Frage 55
Frage
What form of tort liability was developed to provide guaranteed protection for those who are injured by conduct the law deems both serious and inexcusable?
Antworten
-
stict liability
-
negligence
-
both a. and b.
-
neither a. nor b
Frage 56
Frage
A contract is essentially an agreement that creates an obligation.
Antworten
- True
- False
Frage 57
Frage
Because transfer of value is essential to a valid contract, contracts cannot arise in the performance of personal services.
Antworten
- True
- False
Frage 58
Frage
A contract can only involve two parties.
Antworten
- True
- False
Frage 59
Frage
A person who makes a promise is the promisor, while a person to whom the promise is made is the promisee.
Antworten
- True
- False
Frage 60
Frage
Only the parties who signed the original contract can have rights with respect to that contract.
Antworten
- True
- False
Frage 61
Frage
An offeror makes an offer to an offeree.
Antworten
- True
- False
Frage 62
Frage
The law requires parties to be fair and reasonable in the making of a contract.
Antworten
- True
- False
Frage 63
Frage
Negotiable instruments are examples of formal contracts.
Antworten
- True
- False
Frage 64
Frage
A contract for an amount greater than $1 million must be made under seal or it is not binding.
Antworten
- True
- False
Frage 65
Frage
A recognizance is an agreement by which one party admits or recognizes that a specified sum of money is owed to another party.
Antworten
- True
- False
Frage 66
Frage
An express contract is one in which the agreement is shown by the acts and conduct of the parties.
Antworten
- True
- False
Frage 67
Frage
An implied contract is one in which the agreement is shown not by words, written or spoken, but by the acts and conduct of the parties.
Antworten
- True
- False
Frage 68
Frage
The effect of an implied contract is not the same as the effect of an express contract.
Antworten
- True
- False
Frage 69
Frage
A void contract is one that is otherwise valid but may be rejected or set aside by one of the parties.
Antworten
- True
- False
Frage 70
Frage
An agreement that contemplates the performance of an act prohibited by law is usually void.
Antworten
- True
- False
Frage 71
Frage
An executory contract is an agreement by which something remains to be done by one or both parties.
Antworten
- True
- False
Frage 72
Frage
An executed contract is an agreement that has been completely performed.
Antworten
- True
- False
Frage 73
Frage
When a contract is fully performed by one party, it is called a unilateral contract.
Antworten
- True
- False
Frage 74
Frage
When a contract is fully performed by one party, it is called a unilateral contract.
Antworten
- True
- False
Frage 75
Frage
A bilateral contract is essentially an exchange of promises.
Antworten
- True
- False
Frage 76
Frage
With regard to a unilateral contract, the offeree does not accept the offer by express agreement, but rather by performance.
Antworten
- True
- False
Frage 77
Frage
A contract never can be both executory and unilateral.
Antworten
- True
- False
Frage 78
Frage
An option contract gives one of the parties an absolute right to enter into a second contract at a later date.
Antworten
- True
- False
Frage 79
Frage
Quasi contracts are contracts.
Antworten
- True
- False
Frage 80
Frage
The principle behind the quasi contract is to prevent unjust enrichment.
Antworten
- True
- False
Frage 81
Frage
A quasi contract may arise in a situation in which no contract exists.
Antworten
- True
- False
Frage 82
Frage
Whenever a person receives a benefit for which payment has not been made, there is an unjust enrichment and the value of such benefit must be paid to the person conferring the benefit.
Antworten
- True
- False
Frage 83
Frage
Quasi-contractual liability will generally be imposed when the cost of performing a contract is greater than had been expected.
Antworten
- True
- False
Frage 84
Frage
When a contract sets a price for services rendered, a plaintiff cannot sue for reasonable value.
Antworten
- True
- False
Frage 85
Frage
The greatest risk to purchasing online is providing your credit card information to the seller.
Antworten
- True
- False
Frage 86
Frage
When purchasing from a website, the website terms generally become the contract of the parties and are legally enforceable.
Antworten
- True
- False
Frage 87
Frage
A contract is
Antworten
-
a binding agreement
-
an agreement creating an obligation
-
an agreement that creates enforceable duties and obligations
-
all of the above
Frage 88
Frage
The elements of a contract include all of the following except:
Antworten
-
an agreement
-
two or more competent parties
-
consideration
-
an illegal purpose
Frage 89
Frage
The subject matter of a contract may relate to:
Antworten
-
the performance of personal services
-
the construction of a house
-
the transfer of ownership of property
-
all of the above
Frage 90
Frage
The promisor in a contract may also be called the:
Antworten
-
obligor
-
grantor
-
obligee
-
grantee
Frage 91
Frage
A party to a contract may be:
Antworten
-
an individual
-
a partnership
-
a corporation
-
all of the above
Frage 92
Frage
A contract requires
Antworten
-
an offer
-
an acceptance
-
both an offer and acceptance
-
an agreement manifested by the written or spoken words of the parties
Frage 93
Frage
An agreement arises when one person, the __________, makes an offer and the other person to whom the offer is made, the __________, accepts.
Antworten
-
grantor; grantee
-
grantee; grantor
-
offeror; offeree
-
offeree; offeror
Frage 94
Frage
A contract of record is also referred to as a:
Antworten
-
recognizance
-
reconnaissance
-
recording contract
-
none of the above
Frage 95
Frage
Negotiable instruments are:
Antworten
-
formal contracts
-
informal contracts
-
option contracts
-
first-refusal agreements
Frage 96
Frage
An implied contract is shown by:
Antworten
-
a writing
-
the acts and conduct of the parties
-
statements made in open court
-
an exchange of oral promises
Frage 97
Frage
A legally binding agreement that can be rejected at the option of one of the parties is called a(n):
Antworten
-
void agreement
-
revoked contract
-
voidable contract
-
optional agreement
Frage 98
Frage
An executory contract is:
Antworten
-
void if neither party has performed
-
voidable
-
entered into but not fully performed
-
always unilateral in nature
Frage 99
Frage
A contract under which one or both parties have not yet fully performed is termed a(n):
Antworten
-
void agreement
-
executory contract
-
executive contract
-
executed contract
Frage 100
Frage
A bilateral contract consists of a:
Antworten
-
promise for an act
-
promise for refraining from acting
-
promise for a promise
-
promise to contract
Frage 101
Frage
An offer of a reward for the arrest and conviction of a criminal is an example of a:
Antworten
-
unilateral contract
-
bilateral contract
-
quasi contract
-
formal contract
Frage 102
Frage
In a bilateral contract, each party will be a promisor and, therefore, each party will:
Antworten
-
be an obligor
-
be able to avoid the contract
-
not be in privity of the contract
-
be an agent for the other side
Frage 103
Frage
The main thrust of the quasi contract is to:
Antworten
-
encourage the making of written contracts
-
prevent enrichment
-
compensate those who voluntarily help others
-
prevent unjust enrichment
Frage 104
Frage
An obligation to pay for the reasonable value of services rendered when there is no contract would be called:
Antworten
-
quasi-contractual
-
quasi-enforceable
-
semi-lawful
-
valid
Frage 105
Frage
A right of __________ refusal is the right of a party to meet the terms of a proposed contract before it is executed, such as a real estate purchase agreement.
Antworten
-
concomitant
-
conditional
-
formal
-
first
Frage 106
Frage
The plaintiff in a quasi-contractual action can recover:
Antworten
-
lost profits
-
damages for mental distress
-
the reasonable value of the benefit conferred upon the defendant
-
for all the damages
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