Question 1: Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon, but the car hits both of them. Drake is liable for the injuries of
Choose one answer.
a. Evon and Gina.
b. Evon only.
c. Gina only.
d. neither Evon nor Gina.
Question 2: OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is
Choose one answer.
a. appropriation.
b. conversion.
c. wrongful interference with a contractual relationship.
d. none of the choices.
Question 3: Great Tans, Inc., uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be associated with Great Tans. In Holly's suit against Great Tans, the firm is most likely liable for
Choose one answer.
a. appropriation.
b. conversion.
c. wrongful interference with a customary relationship.
d. none of the choices.
Question 4: Joy invites Ken into her apartment. Ken commits trespass to land if he
Choose one answer.
a. enters the apartment with fraudulent intent.
b. harms the apartment in any way.
c. makes disparaging remarks about Joy to others.
d. refuses to leave when Joy asks him to go.
Question 5: Clem, a Delite Dairy salesperson, follows Edna, a salesperson for Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of Edna's customers. Clem is most likely liable for
Choose one answer.
a. conversion.
b. trespass to personal property.
c. wrongful interference with a business relationship.
d. none of the choices.
Question 6: In newspaper ads, Little Used Autos falsely accuses Mighty Value Vehicles, a competitor, of selling stolen cars. Mighty's sales decrease. Little has most likely committed
Choose one answer.
a. slander of quality.
b. slander of title.
c. wrongful interference with a business relationship.
d. none of the choices.
Question 7: While boating, Phil ignores warning signs that the weather is worsening. His boat is swamped. Quick Sea Rescue's recovery of Phil is slowed by an inexperienced crewman. Meanwhile Rita, who is also in a floundering craft awaiting rescue, is lost. In Rita's family's suit against Phil, his failure to heed the signs of the approaching storm will most likely be held
Choose one answer.
a. not the cause of Rita's loss.
b. the causation in fact, but not the proximate cause of Rita's loss.
c. the proximate cause of Rita's loss.
d. the superseding cause of Rita's loss.
Question 8: Super Tool Company makes tools for consumers and construction professionals. While using a Super tool to replace an electrical outlet, Tom neglects to shut off the power and is electrocuted. Against a suit filed by Tom's heirs, Super's best defense is
Choose one answer.
a. assumption of risk.
b. contributory negligence.
c. negligence per se.
d. superseding cause.
Question 9: Hank is seventeen years old and is charged with murder. In most states, Hank
Choose one answer.
a. may be treated as an adult and tried in a regular court.
b. will be considered an infant and punished without a trial.
c. will be considered incapable of criminal conduct and tried after he turns eighteen.
d. will be treated as a minor and tried in a juvenile court.
Question 10: A state statute requires machinery in industrial plants to include automatic shut-off switches that are accessible to each employee working on the machine. Steel Company's (SC's) equipment does not have the switches. Trudy, an SC employee, suffers an injury that an accessible shut-off switch would have prevented. Trudy's best theory for recovery against SC is
Choose one answer.
a. assumption of risk.
b. negligence per se.
c. res ipsa loquitur.
d. strict liability.
Question 11: Nico is a passenger in a car driven by Owen, whose negligence causes an accident, injuring himself. Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance. The ambulance is hit by a car driven by Quin, injuring Nico. Nico files a suit against Owen, whose best defense is
Choose one answer.
a. assumption of risk.
b. contributory negligence.
c. negligence per se.
d. superseding cause.
Question 12: Molly shoots Norm with Opal's pistol. The proximate cause of Norm being shot is most likely attributable to
Choose one answer.
a. Molly and Opal.
b. Molly only.
c. Opal only.
d. neither Molly nor Opal.
Question 13: Ira shops in a Jolly Mart store. Enticed by a display, Ira picks up an item to examine it and, when he is done, leaves it on the floor. With respect to protecting other business invitees from tripping and falling over such items, Jolly has a duty to exercise
Choose one answer.
a. reasonable care.
b. resuscitative care.
c. perfect care.
d. no care.
Question 14: Pam files a successful suit against Quantity Stores based on Quantity's negligence. Normally, an award in such a suit consists of
Choose one answer.
a. comparative damages.
b. compensatory damages.
c. contributory damages.
d. punitive damages.
Question 15: Leo slips and falls in Mornin' Breakfast Cafe and is injured. Leo files a suit against Mornin' for $50,000. If Leo is 20 percent at fault and Mornin' is 80 percent, under a contributory negligence doctrine, Leo would recover
Choose one answer.
a. $0.
b. $25,000.
c. $40,000.
d. $50,000.
Question 16: Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is
Choose one answer.
a. fraud if the statement is the truth.
b. fraud if Jim believes that this statement is not true.
c. fraud if Jim is stating his opinion, not the facts.
d. not fraud.
Question 17: Danny sets fire to his house. At common law, the crime of arson could be committed only if a person burned down
Choose one answer.
a. a commercial building.
b. an unoccupied structure.
c. his or her own property.
d. the dwelling of another person.
Question 18: To protect its customers and other business invitees, Sav-Mart Grocery Stores Corporation must warn them of
Choose one answer.
a. all dangers.
b. foreseeable dangers.
c. open dangers.
d. no dangers.
Question 19: Riley, a State Bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts. This is
Choose one answer.
a. burglary.
b. embezzlement.
c. larceny.
d. money laundering.
Question 20: Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is defamatory only if
Choose one answer.
a. a third party hears it.
b. Hu has not been caught.
c. the statement is puffery.
d. the statement is true.
Question 21: George has a badly infected right foot. Herb, George's physician, recommends amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is
Choose one answer.
a. assumption of risk.
b. negligence per se.
c. res ipsa loquitur.
d. strict liability.
Question 22: Valuable Resources, Inc., uses dynamite in its remote mining operations. Will stores household cleaners in his suburban garage. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is
Choose one answer.
a. neither Valuable Resources nor Will.
b. Valuable Resources and Will.
c. Valuable Resources only.
d. Will only.
Question 23: Cody writes a defamatory article about Delia. The article is disseminated through the print media, via newspapers, and online, via an Internet service provider (ISP). Most likely to be liable for the article are Cody and
Choose one answer.
a. neither the ISP nor the newspapers.
b. the ISP and the newspapers.
c. the ISP only.
d. the newspapers only.