BUL 4421 Gendler Midterm Review FAU
Latest 2026 UPDATED Exam Questions
and Verified Answers (2026/2027) |
Graded A+ | 100% Success
A special right, immunity, permission, or benefit given to certain individuals that
allows them to make any statement about someone without being held liable for
defamation for any false statement *made without actual malice.* - Correct
Answer -Conditional Privilege
Occurs when an individual is confined or restrained against his or her will for an
appreciable period of time. - Correct Answer -False Imprisonment
Retailers and security guards may reasonably question suspected shoplifters and
detain them for a reasonable period of time. - Correct Answer -Shopkeeper's
Privilege
Money awarded to plaintiff as reimbursement for her or his losses; based on the
amount of actual damage or harm to property, lost wages or profits, pain and
suffering, medical expenses, disability, etc. - Correct Answer -Compensatory
Damages
,Purpose of Compensatory Damages: - Correct Answer -To make plaintiff whole
Amount of Compensatory Damages: - Correct Answer -Equivalent to all losses
caused by tort, including compensation for pain and suffering, but not attorneys'
fees.
Minimal amount that signifies defendant's behavior was wrongful but caused no
harm; usually a trivial amount, typically $1 to $5. - Correct Answer -Nominal
Damages
Purpose of Nominal Damages: - Correct Answer -To recognize that Defendant
committed tort against Plaintiff.
Compensation awarded to a plaintiff that goes beyond reimbursement for actual
losses and is imposed to punish the defendant and deter such conduct in the
future. - Correct Answer -Punitive Damages (aka exemplary damages)
Amount of Punitive Damages based on (2) factors: - Correct Answer -1. Severity of
the wrongful conduct
2. Wealth of Defendant
,Chapter 9: Negligence & Strict Liability - Correct Answer -Chapter 9: Negligence &
Strict Liability
Negligence must prove (4) elements: - Correct Answer -1. Duty
2. Breach of Duty
3. Causation
4. Damages
5. Unfortunate Accident
Standard of care a defendant must meet in order to not subject a person in the
position of the plaintiff to an unreasonable risk of harm. - Correct Answer -Duty
Failure to live up standard of care: - Correct Answer -Breach of Duty
(i) actual cause (cause in fact) as well as (ii) proximate cause (legal cause). -
Correct Answer -Causation
A compensable loss suffered by the Plaintiff. - Correct Answer -Damages
, An incident that cannot be avoided, even with reasonable care:
(Ex: E.g. Jon driving on highway suffers a stroke and crashes into two other
vehicles. Likely Jon not liable for damages unless he has some type of warning the
stroke was about to occur.) - Correct Answer -Unfortunate Accident
A measurement of the way members of society expect an individual to act in a
given situation. - Correct Answer -Reasonable Person Standard
To determine the *duty of care owed,* the judge or jury must determine the
degree of _______ and _____ that a reasonable person would exercise under
similar circumstances. The Judge and Jury use this standard to evaluate the
actions of the individual in the case. - Correct Answer -care and skill
Tort law does not impose duty to rescue strangers in peril, even if rescue is easily
accomplished: - Correct Answer -No duty to rescue
Exception to No duty to rescue: - Correct Answer -If special relationship may be
duty to rescue (e.g. parent/child, student/teacher, husband/wife).
Latest 2026 UPDATED Exam Questions
and Verified Answers (2026/2027) |
Graded A+ | 100% Success
A special right, immunity, permission, or benefit given to certain individuals that
allows them to make any statement about someone without being held liable for
defamation for any false statement *made without actual malice.* - Correct
Answer -Conditional Privilege
Occurs when an individual is confined or restrained against his or her will for an
appreciable period of time. - Correct Answer -False Imprisonment
Retailers and security guards may reasonably question suspected shoplifters and
detain them for a reasonable period of time. - Correct Answer -Shopkeeper's
Privilege
Money awarded to plaintiff as reimbursement for her or his losses; based on the
amount of actual damage or harm to property, lost wages or profits, pain and
suffering, medical expenses, disability, etc. - Correct Answer -Compensatory
Damages
,Purpose of Compensatory Damages: - Correct Answer -To make plaintiff whole
Amount of Compensatory Damages: - Correct Answer -Equivalent to all losses
caused by tort, including compensation for pain and suffering, but not attorneys'
fees.
Minimal amount that signifies defendant's behavior was wrongful but caused no
harm; usually a trivial amount, typically $1 to $5. - Correct Answer -Nominal
Damages
Purpose of Nominal Damages: - Correct Answer -To recognize that Defendant
committed tort against Plaintiff.
Compensation awarded to a plaintiff that goes beyond reimbursement for actual
losses and is imposed to punish the defendant and deter such conduct in the
future. - Correct Answer -Punitive Damages (aka exemplary damages)
Amount of Punitive Damages based on (2) factors: - Correct Answer -1. Severity of
the wrongful conduct
2. Wealth of Defendant
,Chapter 9: Negligence & Strict Liability - Correct Answer -Chapter 9: Negligence &
Strict Liability
Negligence must prove (4) elements: - Correct Answer -1. Duty
2. Breach of Duty
3. Causation
4. Damages
5. Unfortunate Accident
Standard of care a defendant must meet in order to not subject a person in the
position of the plaintiff to an unreasonable risk of harm. - Correct Answer -Duty
Failure to live up standard of care: - Correct Answer -Breach of Duty
(i) actual cause (cause in fact) as well as (ii) proximate cause (legal cause). -
Correct Answer -Causation
A compensable loss suffered by the Plaintiff. - Correct Answer -Damages
, An incident that cannot be avoided, even with reasonable care:
(Ex: E.g. Jon driving on highway suffers a stroke and crashes into two other
vehicles. Likely Jon not liable for damages unless he has some type of warning the
stroke was about to occur.) - Correct Answer -Unfortunate Accident
A measurement of the way members of society expect an individual to act in a
given situation. - Correct Answer -Reasonable Person Standard
To determine the *duty of care owed,* the judge or jury must determine the
degree of _______ and _____ that a reasonable person would exercise under
similar circumstances. The Judge and Jury use this standard to evaluate the
actions of the individual in the case. - Correct Answer -care and skill
Tort law does not impose duty to rescue strangers in peril, even if rescue is easily
accomplished: - Correct Answer -No duty to rescue
Exception to No duty to rescue: - Correct Answer -If special relationship may be
duty to rescue (e.g. parent/child, student/teacher, husband/wife).
