Torts and Crimes
Questions 1 to 20: Select the best answer to each question. Note that a question and its answers may be split across a page break, so be sure that you have seen the entire question and all the answers before choosing an answer.
1. Sam went to E-Z Shop to pick up some groceries. Sam was in a bit of a hurry and began walking swiftly down the aisles of the store. Sam forgot about a nagging knee injury that often reemerged when he moved too quickly. Sure enough, as Sam was briskly walking down aisle 9, where a store employee had neglected to clean up a spill, Sam's trick knee went out, and he fell to the floor just before he reached the spill. If E-Z Shop avoids liability in this case, it will probably be because
A. Sam didn't suffer any legally recognizable injury.
B. the store's breach of duty didn't cause Sam's injury.
C. the store didn't breach any duty it owed to Sam.
D. the store didn't owe a duty to Sam.
2. Evan gives Zeke $200 to buy tickets for Evan and his girlfriend to attend a rock concert. Instead, Zeke spends the money to purchase video games. Evan finds out and wants to know if Zeke can be charged with a crime. Zeke has committed
A. robbery.
B. no crime, but can be sued in civil court.
C. embezzlement.
D. larceny.
3. John breaks up with his girlfriend Sally. Sally is very angry, so to get back at John she takes a picture of John and pastes the image onto a photo of a group of terrorists so it creates the appearance that John is a member of a terrorist organization. Sally posts the photo on the Internet. John can sue for which type of invasion of privacy?
A. Exploitation
B. Intrusion
C. Revelation of confidential records
D. Creating a false light
4. Terry was driving a car that collided with Bob's car. Bob suffered $100,000 in damage. Bob was 20 percent at fault and Terry was 80 percent at fault. Which of the following statements is true?
A. Bob will collect $60,000 in a jurisdiction that follows comparative negligence.
B. Bob will collect $80,000 in a jurisdiction that follows contributory negligence.
C. Bob will collect nothing in a jurisdiction the follows comparative negligence.
D. Bob will collect $80,000 in a jurisdiction that follows comparative negligence.
5. Zeke takes his gun to the mall looking for Fred. Zeke spots Fred, points the gun at Fred, and says, "I'm going to kill you." He does. Zeke is charged with homicide. His defense is that he had no motive to kill Fred. The prosecution admits that it can't prove that Zeke had any motive and that in fact Zeke loves Fred. Which of the following statements is true?
A. Zeke will be convicted of homicide.
B. Zeke will be convicted of a lesser degree of homicide due to the prosecution's failure to demonstrate motive.
C. Zeke's state of mind was that of recklessness.
D. Zeke's motive is a necessary element of any crime.
6. Renaldo is driving to church one morning when he discovers that his usual route is blocked due to construction. He takes a different avenue but becomes lost. He stops to ask for directions, and a prostitute approaches him and offers to have sex in exchange for money. Renaldo is offended and says he would never do such a thing. The prostitute persists in her efforts and presents the proposal in an enticing way. Finally, Renaldo agrees, provided she will give him directions on how to get to church. The prostitute reveals that she is a police officer in disguise and arrests Renaldo. Renaldo was
A. not entrapped, as he agreed to give money for sex.
B. entrapped because he couldn't say no.
C. entrapped.
D. not entrapped because the person he asked for directions was dressed like a prostitute.
7. In which of the following situations might an individual or corporation be held strictly liable for any resulting injury?
A. Company A transports explosives. During one transport, the truck carrying the explosives hits another car, and several passengers in the other vehicle suffer injuries.
B. Company B breeds Toy Poodles. One of the poodles wanders over to Ms. Cleaver's house and relieves himself in her perfectly manicured lawn, destroying her prize roses.
C. A customer slips and falls at a local grocery store because an employee failed to mop up some spilled milk.
D. Ed delivers pizzas for Pa's Pizza Delivery. One evening, Ed is in a particularly bad mood and decides he can't take another cheap person not giving him a tip. Charles fails to give Ed his tip. Overcome with rage, Ed attacks Charles, breaking his nose.
8. Robert is president of the United States. Tom, a journalist, publishes in the newspaper statements that Robert has become a cocaine addict. If Robert sues Tom for defamation, Robert must prove that the statements were
A. Robert can't sue Tom due to the First Amendment to the U.S. Constitution.
B. either false or made with actual malice.
C. false.
D. false and made with actual malice.
9. Tom purchases a can of beans at the grocery store, takes them home, and attempts to open them when they suddenly explode, causing an injury to his eye. Tom sues the manufacturer of the beans, Beantime. Which of the following statements is true?
A. The grocery store where Tom bought the beans is negligent, but Tom can't sue Beantime because they weren't negligent.
B. Beantime will be strictly liable if the beans exploded because they were stored improperly at the grocery store.
C. Beantime will be strictly liable if the beans were unreasonably dangerous when they left Beantime's factory.
D. Beantime won't be liable for Tom's injuries because Beantime doesn't own the grocery store where Tom bought the beans.
10. Robert goes to the liquor store, pulls out what appears to be a gun, and says, "Give me all your money, or I'll kill you." The clerk gives Robert all the money in the register. As Robert leaves the liquor store, he spots a policeman across the street and begins to run. At that moment, the clerk comes out of the store and shouts to the policeman that he's just been robbed. The policeman tackles Robert and discovers that Robert's gun was actually just a water pistol. Which of the following statements is true?
A. Robert isn't guilty of robbery because he didn't use force to accomplish the theft.
B. Robert is guilty of robbery because he committed theft.
C. Robert is guilty of robbery because he used the threat of force to commit a theft.
D. Robert isn't guilty of robbery because the gun wasn't capable of causing harm.
11. Tom commits a crime and is charged with a misdemeanor. Tom's wife Sally asks what can be the sentence if Tom is convicted. Which of the following statements is true?
A. If Tom is convicted, he will get no more than a year in jail.
B. If Tom is convicted, he must get a minimum of one year in jail.
C. If Tom is convicted, he can't be given jail time, only a fine.
D. If Tom is convicted, he can get from zero to five years' incarceration.
12. Sally tells all of her neighbors that the meat in the meat department at Greg's Grocery is spoiled. This causes Greg to lose business and thereby suffer monetary loss. An appropriate remedy for Greg against Sally is an action for
A. invasion of privacy.
B. fraudulent misrepresentation if the statements are false.
C. invasion of privacy if the statements are false.
D. disparagement if the statements are false.
13. Sally goes through Edith's purse when Edith leaves the room. Edith returns and catches her in the act. Edith can sue for which type of invasion of privacy?
A. Exploitation
B. Revelation of confidential records
C. Intrusion
D. Creating a false light
14. Tom suffers from epilepsy. During an attack, his arm spasms, striking Zeke and causing serious injury. Tom is charged with battery. His defense will be
A. self-defense.
B. his state of mind was merely reckless, not intentional.
C. his action was involuntary.
D. Tom has no defense.
15. Nicole drives a truck for Timely Trucking, Inc. One day, while making a delivery for her company, Nicole negligently runs over a small child. Which of the following statements is true?
A. Nicole alone will be liable for the damages.
B. Timely Trucking will be liable for damages under the doctrine of respondeat superior.
C. Timely Trucking will be liable for damages under the doctrine of dangerous instrumentality.
D. Timely Trucking will be liable for damages unless at the time of the accident Nicole was acting within the scope of her duties
as an employee for Timely Trucking.
16. Tom tells Bob that Charlie has venereal disease. Charlie can't sue Tom for defamation if
A. the statement is false.
B. Bob didn't think badly of Charlie after Tom's statement.
C. the statement is true.
D. Bob didn't tell others what Tom told him.
17. Tom breaks into Sally's house with the intention of stealing her jewelry, which is a felony. Unfortunately for Tom, when he breaks into the house, he finds a policeman waiting in Sally's bedroom to arrest him. Tom is charged with burglary. Which of the following statements is true?
A. Tom can't be guilty of burglary because he was arrested before he stole anything.
B. Tom has the defense of entrapment because the police were waiting for him.
C. Tom can be charged only with attempted burglary because he didn't steal anything.
D. Tom has committed burglary.
18. The _______ Act is designed to deal with the problem of unsolicited commercial email.
A. Economic Espionage
B. Computer Fraud and Abuse
C. CAN SPAM
D. Cyber-Command
19. Sally and Ethel have a falling out. Sally, to cause distress to Ethel and her husband Elmer, posts on the Internet that Elmer is having an affair with a college student, even though Sally knows that what she is saying isn't true. Which of the following statements is true?
A. Sally has a claim for intentional infliction of emotional distress.
B. Ethel has a claim for defamation against Sally.
C. Sally has a claim for defamation against Ethel.
D. Elmer has a claim for defamation against Sally.
20. Zeke approaches Allen and says, "I know you're an invader from outer space planning to take over the world-you must be stopped!" Then Zeke punches Allen in the nose. Zeke is charged with misdemeanor assault. Which of the following statements is true?
A. Zeke is guilty, regardless of his state of mind, as insanity is a defense only to felonies.
B. Zeke isn't guilty by reason of insanity under the M'Naughten rule if Zeke was suffering from a mental disease.
C. Zeke isn't guilty by reason of insanity under the irresistible impulse test because he failed to resist the urge to punch Allen.
D. Zeke isn't guilty by reason of insanity because it's insane to believe that there's life in outer space.