BLAW 371 Exam 3 UNL UPDATED ACTUAL QUESTIONS AND CORRECT ANSWERS
False Self-defense is a defense to negligence
True Proximate cause exists when the connection between an act and an in-jury is
strong enough to justify imposing liability.
True Failure to live up to a standard of care may be an act or an omission.
False Defense of others is a defense to an allegation of battery, but not assault.
None of these choices (assumption of the risk) Richard is an avid baseball fan and attends baseball games whenever he can.
Richard considers himself an expert on all things, including risks, related to
baseball. One day a ball flies into the stands, hits Richard in the head and
seriously injures him. Richard can probably successfully win a case against the
sports stadium based on•
Negligence•
Breach of the duty of care•
Defamation•
None of the choices
The statement is false Jackie distributes a handbill throughout her neighborhood accusing her neighbor
Ked of being a convicted sex offender. The statement is defamatory if•
A neighbor repeats it•
Ked suffers emotional distress•
The statement is true•
The statement is false
If Ike intended to push Joan Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury•
If Ike intended to push Joan•
Only if Ike did not intend to break Joan's arm•
Only if Ike had a bad motive for pushing Joan•
Only if Ike intended to break Joan's arm
Res Ipsa Loquitur George has a badly infected right foot. Herb, George's physician, prescribes
amputation. George agrees. During the operation, Herb amputates the left foot. In
George's suit against Herb, George's best theory for recovery is•
Assumption of the risk•
Negligence per se•
Res Ipsa Loquitur•
Strict Liability
, Negligence An Iowa state statute requires amusement parks to maintain equipment in specific
condition for the protection of patrons. Jack's Fun Park fails to maintain its
equipment. Keely, a patron, is injured. Jacks has committed•
Abuse of process•
Battery•
Negligence•
False Imprisonment
True Punitive damages are intended to punish a wrongdoer and deter others.
All of the above When a person suffers an injury due to deliberate deception, there may be a tort
of:◦
Fraud◦
Misrepresentation◦
Deceit◦
All of the above answers
All of the choices are necessary elements to show the Which of the following is not needed to establish the tort of intentional
tort existed misrepresentation:◦
Scienter or intent to defraud◦
Intent to induce reliance◦
Justifiable reliance on the misrepresentation◦
Relationship between the parties◦
All of the choices are necessary elements to show the tort existed
All of the other specific choices are correct The elements of the tort of intentional interference with contractual relations
include:
The existence of a contractual relationship between the injured business and
another party◦
The wrongdoer's knowledge of the contractual relationship between the injured
business and another party◦
Intentional interference with the contractual relationship◦
All of the other specific choices are correct◦
None of the other specific choices are correct
Harms suffered by buyers and other persons who use The law of product liability is primarily concerned with:
defective products Harms suffered by stockholders when the value of their investment falls
Harms suffered by buyers and other persons who use defective products
Harms suffered by businesses for interference with their relations
Contractual harms suffered by institutional investors
None of these
The relationship that exists between the parties The term privity of Contract refers to◦
The relationship that exists between the parties◦
The Requirement that product liability law have it origins in the common law of
Contracts◦
Damage awards provided by juries in product liability cases◦ The risk that a
product is of adequate legal quality◦
The requirement that products liability must be brought by private citizens
False Self-defense is a defense to negligence
True Proximate cause exists when the connection between an act and an in-jury is
strong enough to justify imposing liability.
True Failure to live up to a standard of care may be an act or an omission.
False Defense of others is a defense to an allegation of battery, but not assault.
None of these choices (assumption of the risk) Richard is an avid baseball fan and attends baseball games whenever he can.
Richard considers himself an expert on all things, including risks, related to
baseball. One day a ball flies into the stands, hits Richard in the head and
seriously injures him. Richard can probably successfully win a case against the
sports stadium based on•
Negligence•
Breach of the duty of care•
Defamation•
None of the choices
The statement is false Jackie distributes a handbill throughout her neighborhood accusing her neighbor
Ked of being a convicted sex offender. The statement is defamatory if•
A neighbor repeats it•
Ked suffers emotional distress•
The statement is true•
The statement is false
If Ike intended to push Joan Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury•
If Ike intended to push Joan•
Only if Ike did not intend to break Joan's arm•
Only if Ike had a bad motive for pushing Joan•
Only if Ike intended to break Joan's arm
Res Ipsa Loquitur George has a badly infected right foot. Herb, George's physician, prescribes
amputation. George agrees. During the operation, Herb amputates the left foot. In
George's suit against Herb, George's best theory for recovery is•
Assumption of the risk•
Negligence per se•
Res Ipsa Loquitur•
Strict Liability
, Negligence An Iowa state statute requires amusement parks to maintain equipment in specific
condition for the protection of patrons. Jack's Fun Park fails to maintain its
equipment. Keely, a patron, is injured. Jacks has committed•
Abuse of process•
Battery•
Negligence•
False Imprisonment
True Punitive damages are intended to punish a wrongdoer and deter others.
All of the above When a person suffers an injury due to deliberate deception, there may be a tort
of:◦
Fraud◦
Misrepresentation◦
Deceit◦
All of the above answers
All of the choices are necessary elements to show the Which of the following is not needed to establish the tort of intentional
tort existed misrepresentation:◦
Scienter or intent to defraud◦
Intent to induce reliance◦
Justifiable reliance on the misrepresentation◦
Relationship between the parties◦
All of the choices are necessary elements to show the tort existed
All of the other specific choices are correct The elements of the tort of intentional interference with contractual relations
include:
The existence of a contractual relationship between the injured business and
another party◦
The wrongdoer's knowledge of the contractual relationship between the injured
business and another party◦
Intentional interference with the contractual relationship◦
All of the other specific choices are correct◦
None of the other specific choices are correct
Harms suffered by buyers and other persons who use The law of product liability is primarily concerned with:
defective products Harms suffered by stockholders when the value of their investment falls
Harms suffered by buyers and other persons who use defective products
Harms suffered by businesses for interference with their relations
Contractual harms suffered by institutional investors
None of these
The relationship that exists between the parties The term privity of Contract refers to◦
The relationship that exists between the parties◦
The Requirement that product liability law have it origins in the common law of
Contracts◦
Damage awards provided by juries in product liability cases◦ The risk that a
product is of adequate legal quality◦
The requirement that products liability must be brought by private citizens