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| 1 | |
Nichole falsely states that Charlie, a business owner, cheats his customers. One week after these statements are made, Charlie suddenly dies of an unexpected heart attack. Charlie's family sues Nichole for slander. Nichole _____. |
| | A) | has no defense under the typical survival statute |
| | B) | has no defense under modern tort reform legislation |
| | C) | has a defense under the typical survival statute |
| | D) | has a defense if Charlie never heard the statement |
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| 2 | |
The U.S. Supreme Court has mentioned that _____ times the compensatory damages would be an appropriate amount of punitive damages. |
| | A) | three |
| | B) | five |
| | C) | seven |
| | D) | ten |
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| 3 | |
At the conclusion of a tort trial the jury finds the plaintiff 10% responsible for the injuries she suffered and the defendant 90% responsible for the injury. The jury determines the actual damages to total $50,000. How much will the plaintiff recover under contributory negligence? |
| | A) | nothing |
| | B) | $5,000 |
| | C) | $45,000 |
| | D) | $50,000 |
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| 4 | |
Adam attends a professional golf tournament as a spectator on a cloudless day and is struck by lightning, resulting in a serious injury. Adam sues the organizers of the tournament. For Adams suit to succeed, he must prove that the tournament's organizers _____. |
| | A) | should have consulted the weather bureau |
| | B) | should have reasonably foreseen the risk of injury |
| | C) | should have known of the dangers of lightning |
| | D) | attracted him to the location by organizing the tournament |
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| 5 | |
On newer model mobile phones, the E-911 locator is activated _____. |
| | A) | only when a 911 call is made |
| | B) | only when a special code is entered |
| | C) | only when the phone owner authorizes the activation in his/her contract |
| | D) | all the time |
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| 6 | |
A landowner refuses to obey a court order to move his property fence that blocks access by an electric company to its easement. The landowner has _____. |
| | A) | not committed any offense unless found guilty by a jury |
| | B) | committed contempt of court |
| | C) | committed a tort |
| | D) | committed a breach of contract |
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| 7 | |
The purpose of an appeal bond is to secure _____. |
| | A) | the payment of money to the plaintiff |
| | B) | the following of a court order |
| | C) | the appearance of the defendant at sentencing |
| | D) | the compensation of the judges who hear the appeal |
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| 8 | |
A scientific witness with a Ph.D. degree in a tort case plans to testify that the defendant must be liable because "her nose is the nose of a violent person." This testimony _____. |
| | A) | cannot be excluded since the jury alone decides what witnesses to believe |
| | B) | cannot be excluded since the witness has an advanced education |
| | C) | can be excluded if the defendant has never acted violently in the past |
| | D) | can be excluded as junk science |
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| 9 | |
Oscar discovers that the soft drink machine at his office will return his money and provide a drink can if he hits the machine on the side while making a drink selection. If the owners of the soft drink machine sues Oscar for their losses they can recover based upon the tort of _____. |
| | A) | strict liability |
| | B) | negligence |
| | C) | conversion |
| | D) | fraud |
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| 10 | |
A customer accidentally overpays for merchandise and the store clerk keeps the excess money when she discovers the excess money at the end of her shift. The clerk has committed a(n) _____ tort. |
| | A) | negligent |
| | B) | intentional |
| | C) | strict liability |
| | D) | No tort since the store was fully paid the listed price of the merchandise. |
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