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Exam 6: Criminal Law and Business

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Question 51

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Tort law is primarily state law.

A) True
B) False

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Question 52

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Reference - Hair Stylist Woes. Maryann went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. As far as the editorial is concerned, which of the following in true in regards to Maryann's statement that Candy cannot recover because she cannot show loss of income?

A) Maryann is correct.
B) Maryann is correct only if she can establish that she did not intend to cause economic loss to Candy.
C) Maryann is incorrect because her actions would be considered liable per se.
D) Maryann is incorrect because general damages would be presumed.
E) Maryann is incorrect because Candy has proven special damages.

F) A) and E)
G) C) and D)

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Question 53

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Reference - Cat Chaser. Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides that she wants to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake. William is unhappy about the whole situation and wants to sue. Which of the following would be the most appropriate cause of action against Annette in regard to the farm animals and music?

In some situations, the law specifies the duty of care one individual owes to another.

Which of the following is an example of an inherently dangerous activity?

Which of the following is liability without fault?

Reference - Diving Fiasco. Mike, who owns a dive shop in the U.S., decides to take a group of his customers diving in U.S. waters. Mike is aware that the area where the divers will be visiting is occasionally visited by sharks. He is also aware that, while sting rays are usually tame, they can become aggressive when fed. Mike does not reveal that information to the group of divers going with him. The divers go down into the water, and some have squid with which to feed the sting rays. During the dive, one of the sting rays becomes agitated and latches onto diver Susie's arm. Susie is so disconcerted that she drops her regulator (her breathing device) from her mouth and is in considerable difficulty. Another diver, Billy, encounters a shark which snaps at him. While the shark does not actually bite Billy himself, the attack results in damage to his diving equipment. Mike, who is in charge of the dive, does nothing to help and leaves the other divers to return to the boat because the dive turned out to be more trouble than expected. Wendy, another diver on the trip, also returns to the boat without doing anything to help the divers in distress. Sam, on the other hand, goes to rescue the divers who are in distress. He manages to do so but in the process he pulls his back and requires medical care. All divers are very unhappy with Mike. Billy wants to sue Mike for damages because of his damaged equipment. Which of the following is the most likely result?

Which is the most difficult part of establishing the defense of assumption of the risk?

When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a certain duty of care toward the plaintiff.

Which of the following are laws holding that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence?

Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as __________.

Which of the following may a person accused of defamation raise as a defense?

List and discuss the three objectives of tort law.

Reference - Blow-Up. Jeanie is hauling several containers of gasoline in her vehicle in preparation for riding her personal watercraft. On the way home, Jeanie stops at the automatic teller machine at her bank and exits her car. Holly pulls behind her and negligently rear-ends Jeanie's car. The car explodes and results in the bank building burning to the ground. The bank sues Holly for negligence claiming that Holly should have to pay for the entire bank building. The bank claimed that it should be able to recover under the res ipsa loquitur doctrine. Which of the following is true regarding whether actual cause exists in the bank's action against Holly?

Privilege is an affirmative defense in a defamation action.

Why are punitive damages awarded?

Which of the following must a plaintiff prove to win a recovery in a negligence case?

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

Set forth the translated meaning of the term "res ipsa loquitur" as well as what a plaintiff must demonstrate in order to rely upon that doctrine.