EXAM 2026-2027 ACTUAL COMPLETE REAL EXAM
QUESTIONS AND CORRECT ANSWERS (VERIFIED
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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, *regardless of intent or knowledge of the
falsity of the claim.*
(Ex: Testifying in court, during a trial, or during congressional
debate in House or Senate). - ANSWER -Absolute Privilege
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.* - ANSWER
Conditional Privilege
Occurs when an individual is confined or restrained against his
or her will for an
appreciable period of time. - ANSWER -False
Imprisonment
,Retailers and security guards may reasonably question
suspected shoplifters and detain them for a reasonable period
of time. - 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. - ANSWER -
Compensatory
Damages
Purpose of Compensatory Damages: - ANSWER -To make
plaintiff whole Amount of Compensatory Damages: - 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. - ANSWER -Nominal Damages
Purpose of Nominal Damages: - 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. - ANSWER -Punitive Damages (aka
exemplary damages)
Amount of Punitive Damages based on (2) factors: - ANSWER
-1. Severity of
the wrongful
conduct
2. Wealth of
Defendant
A principle asserting the supremacy of federal legislation over
state legislation when both pertain to the same subject matter.
(Ex: Brown v Board of Education) - ANSWER -Federal
Preemption (aka field preemption)
Clause 3 of Article I, Section 8, of the U.S. Constitution, which
states that the U.S. Congress has the power to "regulate
Commerce with foreign Nations, and among the several States,
and with the Indian Tribes."
(Ex: Casinos) - ANSWER -Commerce Clause
The first 10 amendments to the U.S. Constitution are known
as the _____ of
________. - ANSWER -Bill of
Rights
, Two things the Bill of Rights does: - ANSWER -1.
Substantially affects
government regulation of
business.
2. Prohibits federal government from infringing on
individual freedoms
1. Not an absolute right
2. A person does not have a right to yell "fire" in a crowded
theater, make false statements of fact that injurious to
another's reputation, or to use obscenity. (Ex: Fighting
words, defamatory words, and obscenity are unprotected
speech).
- ANSWER -First Amendment
Prohibits government from conducting unreasonable searches
of individuals and seizing their property to use as evidence
against them.
(Ex: Ohio state law required addresses of buyers of more than 5
kegs from keg stores, and that signed agreements on purchase
that police could enter the property. Ohio law was repealed in
2001. Page 112). - ANSWER -Fourth
Amendment
A court order that authorizes law enforcement agents to
search for and seize
items specifically described in the warrant. - ANSWER -
Search Warrant