assessment 2

Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights?
A) The Freedom of Speech Clause was added to the Constitution in the third amendment.
B) The Freedom of Speech Clause protects speech only, not conduct.
C) There is no provision for fully protected speech in the Constitution.
D) Burning the American flag in protest to a federal government military action is in violation of the Freedom of Speech Clause.
B
Jerome wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words which imply that the President is doing a bad job of running the country. In accordance with the Freedom of Speech Clause, which of the following is an accurate statement?
A) Criticizing the current president is fully protected speech and Jerome cannot be prosecuted.
B) Jerome could be arrested as his t-shirt violates the Freedom of Speech doctrine.
C) Jerome wearing the t-shirt is an example of limited protected speech.
D) Wearing the t-shirt makes Jerome liable for prosecution on the basis of defamation.
A
Speech that incites the violent or revolutionary overthrow of the government is an example of ________ speech.
A) limited protected
B) prohibited
C) unprotected
D) fully protected
C
Which of the following is a form of limited protected speech?
A) defamatory language
B) speech that incites the violent or revolutionary overthrow of the government
C) dangerous speech
D) offensive speech
D
Which of the following is a form of unprotected speech?
A) offensive speech
B) defamatory language
C) commercial speech
D) political speech
B
Advertising is categorized as ________ speech.
A) fully protected
B) limited protected
C) uncensored
D) unprotected
B
The ________ Clause of the U.S. Constitution prohibits the government from promoting one religion over another.
A) Due Process
B) Privileges and Immunities
C) Establishment
D) Free Exercise
C
The ________ Clause of the U.S. Constitution prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.
A) Due Process
B) Privileges and Immunities
C) Establishment
D) Free Exercise
D
The Freedom of Speech Clause included in the First Amendment protects both speech and conduct.
F
Lila, a newspaper columnist in Chicago, is unhappy with the rising prices of fuel in the United States. She publishes an article criticizing the government’s refusal to offer gasoline at subsidized rates. This is an example of fully protected speech.
T
Advertising is categorized as limited protected speech.
T
Speech that is offensive to many members of the society, but is not obscene or violent, is held “unprotected” by the U.S. Supreme Court.
F
The Supreme Court has held that the content of offensive speech may not be forbidden but that it may be restricted by the government.
T
The Establishment Clause guarantees that there will be no state-sponsored religion.
T
________ is speech that the government cannot prohibit or regulate.
Fully protected speech
Offensive speech is a form of ________ speech according to the First Amendment.
limited protected
The ________ Clause prevents the government from promoting one religion over the other.
Establishment
The ________ Clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.
free exercise
Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection, and Privileges and Immunities Clauses?
A) the Twelfth Amendment
B) the Thirteenth Amendment
C) the Fourteenth Amendment
D) the Fifteenth Amendment
C
A(n) ________ test is applied to classifications of people based on a suspect class.
A) strict scrutiny
B) intermediate scrutiny
C) rational basis
D) cogent basis
A
Vanessa was born to American parents from a minority group in Miami. She applies to a public university which offers scholarships only to students from minority groups. Which of the following standards of review is used to decide if the university violates the Equal Protection Clause by offering Vanessa the scholarship?
A) rational basis
B) intermediate scrutiny
C) strict scrutiny
D) cogent basis
C
How is assault different from battery?
Assault is (1) the threat of immediate harm or offensive contact or (2) any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary. Battery is unauthorized and harmful or offensive physical contact with another person that causes injury. Direct physical contact, such as intentionally hitting someone with a fist, is battery. Indirect physical contact between the victim and the perpetrator is also battery, as long as injury results.
Explain the torts of appropriation and invasion of the right to privacy with examples.
Any attempt by another person to appropriate a living person’s name or identity for commercial purposes is actionable. The wrongdoer is liable for the tort of misappropriation of the right to publicity (also called the tort of appropriation). For example, if an advertising agency places Megan Fox’s photo on a billboard advertising a product without Megan Fox’s permission, it has engaged in the tort of misappropriation of the right to publicity.
The law recognizes each person’s right to live his or her life without being subjected to unwarranted and undesired publicity. A violation of this right constitutes the tort of invasion of the right to privacy. If a fact is public information, there is no claim to privacy. Secretly taking photos of another person with a cell phone camera in a men’s or women’s locker room would constitute invasion of the right to privacy.
Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council, but this is untrue. Is Monica liable for prosecution? Why?
Monica is liable for prosecution for defamation of character. The tort of defamation of character requires a plaintiff to prove that:
a. The defendant made an untrue statement of fact about the plaintiff.
b. The statement was intentionally or accidentally published to a third party. In this context, publication simply means that a third person heard or saw the untrue statement. It does not require appearance in newspapers, magazines, or books.
When and how can a plaintiff claim damages if the defendant has breached a duty of care?
Answer: Even though a defendant’s negligent act may have breached a duty of care owed to the plaintiff, this breach is not actionable unless the plaintiff suffers injury or injury to his or her property. That is, the plaintiff must have suffered some injury before he or she can recover any damages. The damages recoverable depend on the effect of the injury on the plaintiff’s life or profession.
________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.
A) The tort of outrage
B) The tort of misappropriation
C) Disparagement
D) Unintentional tort
D
Michael wanted to try out his new hand gun. He set up a target in his back yard for firing practice. Stella’s house, which is located on the lot directly behind Michael’s property, happened to be directly in the line of fire. Michael’s first shot missed the target and the bullet crashed through Stella’s kitchen window, striking and seriously injuring her. Which of the following legal theories would be best for Stella’s attorney to use in a lawsuit against Michael? A) doctrine of unintentional tort
B) doctrine of proximate cause
C) res ipsa loquitur
D) gross negligence
D
The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed ________.
A) libel
B) res ipsa loquitur
C) Good Samaritan law
D) the duty of care
D
Throwing a lit match on the ground in the forest and causing a fire is a breach of ________.
A) appropriation
B) Good Samaritan law
C) the duty of care
D) res ipsa loquitur
C
Which of the following is true about the duty of care?
A) Breach of the duty of care is not actionable unless the plaintiff suffers personal injury or injury to his or her property.
B) The reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff.
C) A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care.
D) The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff’s life or profession.
A
George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during take-off. The airline is sued by all three together for injuries caused, and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages?
A) George, a retired professor who gets a pension of $50,000 a year
B) Jerry, a football player who earns $2 million a year
C) Harry, a chartered accountant who earns $200,000 a year
D) All the men recover the same amount of damages, irrespective of their income or profession.
B
What is meant by “causation in fact”?
A) the facts stated by a plaintiff during trial
B) a defendant’s negligent act that caused the plaintiff’s injuries
C) a defendant’s defense against a case of negligence
D) a defendant’s plea of guilt due to negligence
B
________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.
A) Causation in fact
B) The point of reason
C) The point of appropriation
D) Proximate cause
D
If a lawyer fails to file a document with the court on time, causing his client’s case to be dismissed, he would be liable for ________.
A) professional malpractice
B) intentional misrepresentation
C) tort of appropriation
D) breach of the duty of care
A
Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement. He dies in his mother’s arms, leaving her traumatized. The court hearing the case rules that Martha’s son was not responsible for the accident. Martha can sue the person who killed her son to recover damages for ________.
A) the tort of outrage
B) breach of the duty of care
C) negligent infliction of emotional distress
D) transfer of intent
C
________ is the violation of a statute that proximately causes an injury.
A) Disparagement
B) Res ipsa loquitur
C) Negligence per se
D) Misappropriation
C
In order to claim damages for negligence per se, the plaintiff has to prove that ________.
A) the defendant was in exclusive control of the situation
B) the plaintiff was within a class of persons meant to be protected by the violated statute
C) the defendant made a false representation of material fact
D) the plaintiff was affected by malicious statements made by the defendant about his/her character
B
A pedestrian trips and falls on a poorly lit sidewalk in front of Kate Geller’s house and is injured. If the pedestrian sues for damages, which of the following parties would most likely be liable to pay the damages?
A) the civic authority
B) Kate Geller
C) the residents’ association of the locality
D) the pedestrian
B
________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.
A) Res ipsa loquitur
B) Negligence per se
C) The doctrine of proximate cause
D) The doctrine of comparative negligence
A
________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.
A) A Good Samaritan law
B) Assumption of the risk
C) The duty of care
D) Res ipsa loquitur
A
________ refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.
A) Assumption of the risk
B) Comparative fault
C) Contributory negligence
D) Comparative negligence
C
A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red “Do Not Walk” sign. The jury finds that the driver was 80 percent responsible for the accident and the jaywalker was 20 percent responsible. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases, the pedestrian is entitled to recover ________.
A) no damages from the driver
B) $100,000 from the driver
C) $20,000 from the driver
D) $80,000 from the driver
A
The term ________ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant.
A) comparative negligence
B) contributory negligence
C) assumption of the risk
D) negligence per se
B
Ruggers is a maker of a range of highly popular cruise motorcycles. Tim buys a Ruggers motorcycle from a dealership and suffers an accident. While recuperating from his injuries, he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years, owing to a previously unknown defect in their braking systems. Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages. The defect in the motorcycle is found to be half responsible for the accident, while Tim’s own negligence of traffic rules contributed to the rest. Under the doctrine of contributory negligence, what would be the ruling of the court hearing this case?
A) Tim cannot recover any damages from the motorcycle manufacturer.
B) Tim can recover $25,000 worth of damages from the Ruggers and the rest from the dealership from which he purchased the motorcycle.
C) Tim can recover $50,000 worth of damages plus any punitive damages that may be awarded by the jury.
D) Tim can recover $50,000 worth of damages from the motorcycle manufacturer.
A
The reasonable person standard is a test used to determine whether a tort is intentional or unintentional.
F
If a plaintiff is injured, the damages recoverable depend on the effect of the injury on the plaintiff’s life or profession.
T
Causation in fact refers to a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.
F
If the defendant’s act caused the plaintiff’s injuries, there is causation in fact.
T
John watches his brother being killed in a road accident. The perpetrator was driving under the influence of alcohol. John can recover damages for negligent infliction of emotional distress for the mental trauma he suffered from watching his brother die.
T
Res ipsa loquitur is a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care.
F
A doctor driving on the wrong side of the road crashes into an eight-year-old boy riding a bicycle. Fearing the consequences, the doctor flees without reporting the accident or giving first-aid to the boy. The doctor is liable for professional malpractice.
F
A lawyer who fails to file a document with the court on time, causing the client’s case to be dismissed, is liable for legal malpractice.
T
If a woman is informed of her husband being run over by a bus the previous night, she can recover damages for negligent infliction of emotional distress.
F
The violation of a statute that proximately causes an injury is termed as negligence per se.
T
A homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured.
T
Assumption of the risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury.
T
Comparative negligence is a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.
F
Statutes often establish duties owed by one person to another.
T
Res ipsa loquitur switches the burden to the plaintiff to prove that the defendant was negligent.
F
Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.
F
If a nurse administers CPR to save the life of a dying man and negligently injures the man’s arm in the process, the nurse cannot be sued as he or she is protected by Good Samaritan statutes.
T
________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.
Unintentional Tort
A failure to exercise care or to act as a reasonable person would act is a breach of the ________.
Duty of care
A tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care is ________.
negligence per se
________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.
Res ipsa loquitur
A(n) ________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.
Good Samaritan law
________ is a defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.
Assumption of the risk
A doctrine under which damages are apportioned according to fault is known as ________.
comparative negligence
________ is the liability of a professional who breaches his or her duty of ordinary
Professional malpractice
Making false statements about a competitor’s products, services, property, or business reputation could make a company liable for ________.

A) intentional misrepresentation
B) the tort of appropriation
C) disparagement
D) the misappropriation of the right to publicity

C
Which of the following instances depict the tort of outrage?
A) A farmer’s crops are set on fire by an unidentified miscreant.
B) A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress.
C) A cosmetics company uses Julia Roberts’ image without her consent to depict her as its brand ambassador.
D) A beverage-manufacturer claims that its competitor uses coffee beans of poor quality.
B
Sending an objectionable telegram to a third party and signing another’s name constitutes the tort of ________.
A) invasion of the right to privacy
B) defamation of character
C) battery
D) intentional misrepresentation
D
In a criminal lawsuit, the government is represented by a lawyer called the defense attorney.
False
Monetary damages and equitable remedies are provided in a civil lawsuit.
True
In a criminal lawsuit, guilt has to be proven beyond a reasonable doubt.
True
In a civil lawsuit, liability has to be proven beyond a reasonable doubt.
F
In a criminal case, the government is represented by the ________.
Prosecuter
The two elements that are required to be found guilty of an intent crime are ________ and ________.
criminal act/actus reus; criminal intent/mens rea
In legal terminology, evil intent is also known as ________.
mens rea
________ crimes require that the perpetrator intended to achieve a specific result from his illegal act.
Specific intent
Explain the role of penal codes and regulatory statutes in criminal law.
Statutes are the primary source of criminal law. Most states have adopted comprehensive penal codes that define in detail the activities considered to be crimes within their jurisdictions and the penalties that will be imposed for their commission. A comprehensive federal criminal code defines federal crimes. In addition, state and federal regulatory statutes often provide for criminal violations and penalties. The state and federal legislatures are continually adding to the list of crimes. The penalty for committing a crime may consist of the imposition of a fine, imprisonment, both, or some other form of punishment.
A(n) ________ is a document for a person’s detainment that is based on a showing of probable cause that the person committed a crime.

A) arrest warrant
B) possessory warrant
C) no-knock warrant
D) execution warrant

A
________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.
A) Preponderance of the evidence
B) Reasonable doubt
C) Probable cause
D) Reasonable suspicion
C
Distinguish between limited protected speech and unprotected speech, as defined by the U.S. Supreme Court.
Limited protected speech refers to speech that the government may not prohibit but that is subject to time, place, and manner restrictions. Two major forms of limited protected speech are offensive speech and commercial speech. The U.S. Supreme Court has held that certain speech is unprotected speech that is not protected by the First Amendment and may be totally forbidden by the government. The Supreme Court has held that the following types of speech are unprotected speech-dangerous speech, fighting words that are likely to provoke a hostile or violent response from an average person, speech that incites the violent or revolutionary overthrow of the government, defamatory language, child pornography, and obscene speech.
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