Question 1

Assault and Battery

Accepted Answer

any unexcused and intentional act that causes another person to be apprehensive of immediate harm is an assault.

Question 2

Assault

Accepted Answer

is an intentional, unexcused act that creates a reasonable apprehension of fear of immediate, harmful, or offensive contact. It is the threat of harm. No contact is required

Question 3

Battery

Accepted Answer

is the completion of the assault; harmful, offensive, or unwelcome physical contact.

Question 4

Defamation

Accepted Answer

A false statement of fact, not made under privilege, that is communicated to a third person and that causes damage to a person\'s reputation. For public figures, the plaintiff must also prove that statement was made with actual malice.

Question 5

Invasion of privacy

Accepted Answer

Publishing or otherwise making known or using information relation to a person\'s private life and affairs, with which the public has no legitimate concern, without that person\'s permission or approval.

Question 6

Appropriation

Accepted Answer

in the tort law, the use by one person of another person\'s name, likeness, or other identifying characteristic without permission and for the benefit of the user

Question 7

Wrongful interference with a business relationship

Accepted Answer

Generally, the plaintiff must prove that the defendant used predatory methods to intentionally harm an established business relationship or prospective economic advantage. The plaintiff must also prove that the defendant\'s interference caused the plaintiff to suffer economic harm.

Question 8

Trespass to land

Accepted Answer

the invasion of another\'s real property without consent or privilege. Once a person is expressly or impliedly established as a trespasser, the property owner has specific rights, which may include the right to detain or remove the trespasser.

Question 9

Conversion

Accepted Answer

the wrongful possession or use of another person\'s personal property without just cause

Question 10

The Duty of Professionals

Accepted Answer

professionals may owe a higher duty of care based on special education, skill or training.

Question 11

Strict liability

Accepted Answer

based on abnormally dangerous activities: blasting, storing explosive materials, transporting or storing toxic chemicals or radioactive material.

Question 12

Product liability based on negligence

Accepted Answer

based on the manufacturer\'s breach of the reasonable standard of care in the design, selection of materials, production processes, assembling and testing, adequate warnings, inspection, and testing.

Question 13

Design defects

Accepted Answer

the foreseeable risk of harm from the product could have been reduced or avoided by the adoption of a reasonable alternative design. The plaintiff has to show that a reasonable alternative design was available.

Question 14

Statues of limitations

Accepted Answer

restrict the time within which an action may be brought

Question 15

Statues of repose

Accepted Answer

which place outer time limits on product liability actions.

Question 16

Trademark

Accepted Answer

is a distinctive mark, motto, or device or emblem that a manufacturer stamps, prints or otherwise affixes to the good it produces. The purpose it to distinguish the product or service from goods of other manufacturers and merchants

Question 17

Certification mark

Accepted Answer

certifies the region, materials, and mode of manufacture, quality of specific goods or services. UL (Underwriters laboratories), Good Housekeeping, and Champagne are examples of certification marks.

Question 18

Service mark

Accepted Answer

distinguishes services of one person/company from another (airline logos).

Question 19

Trade name

Accepted Answer

used to indicate part or a business\'s entire name. Distinguished from a trademark, which applies to products

Question 20

Meta tags

Accepted Answer

words inserted into a Wed site\'s keywords field to increase the site\'s appearance in search engine results

Question 21

Patent Infringement

Accepted Answer

if a firm or person makes, uses, or sells another\'s patented design, product, or process without permission the firm commits the tort

Question 22

Privity

Accepted Answer

the relationship that exists between the promisor and the promise of a contract

Question 23

Misrepresentation

Accepted Answer

must be a material fact, and the seller must have intended to induce the buyer\'s reliance on the misrepresentation. Misrepresentation on a label or advertisement is enough to show intent to induce the reliance of anyone who may use the product. In addition, the buyer must have relied on the misrepresentation

Question 24

Copyright

Accepted Answer

the exclusive rights of authors to publish, print, or sell an intellectual production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship, including computer programs.

Question 25

Trade secret

Accepted Answer

is basically information of commercial value, such as customer lists, plans, and research and development. Trade secrets may also include pricing information, marketing methods, production techniques, and generally anything that makes an individual company unique and that would have value to a computer.

Question 26

Lien

Accepted Answer

an encumbrance (claim upon) property to satisfy a debt or protect a claim for payment of a debt

Question 27

Artisan\'s lien

Accepted Answer

security for collecting debts incurred for labor and materials in the repair of personal property. This is a possessory lien.

Question 28

Writ of execution

Accepted Answer

a court order to the sheriff to seize and sell the judgment debtor\'s nonexempt property to satisfy the creditor\'s judgment. This is a post-judgment procedure.

Question 29

Composition agreement

Accepted Answer

a contract between the creditor and debtor that discharges the debt owed at less than the full amount.

Question 30

Effect of Discharge

Accepted Answer

voids, or sets aside any judgment against the debtor and prohibits any future collection efforts.

Question 31

Homestead exemption

Accepted Answer

a law permitting a debtor to retain the family home, either in its entirely or up to a specified dollar amount, free from the claims of unsecured creditors or trustees in bankruptcy.

Question 32

Trademark registration

Accepted Answer

the mark is currently being used in business or the applicant intends to put the mark in use within 6 months. Registration allows the use of \"R\" symbol. Registration of the mark gives national notice.

Question 33

Licensing

Accepted Answer

an agreement (contract) permitting the use of a trademark, patent, copyright or trade secret for specified purposes.

Question 34

Copyrights in digital information

Accepted Answer

when files are stored on a computer or server and shared with others, there could be copyright infringement.

Question 35

Identifying unreasonably dangerous products

Accepted Answer

if it is dangerous beyond the expectations of the ordinary consumer or a less dangerous alternative was economically feasible for the manufacturer, but the manufacturer failed to produce the alternative product.

Question 36

Defenses against trespass to personal property

Accepted Answer

if it can be shown that trespass to personal property was warranted, and then a complete defense exists. Most states, for instance, allow automobile repair shops to hold a customer\'s car (under what is called an artisan\'s lien) when the customer refuses to pay for repairs already completed.

Question 37

Duty to Rescue

Accepted Answer

you have no duty to rescue someone from doing something that could harm them can not be sued. ( Even if you know him.)

Question 38

Titles and character names

Accepted Answer

used in the media are often registered as service marks.

Question 39

Trade name

Accepted Answer

cannot be registered unless it is also used as a trademark or service mark.

Question 40

Exceptions to discharge

Accepted Answer

claims for income or gross receipts taxes owed to federal, state, or local gov\'ts accrued within 3 years prior to the filing of the petition for bankruptcy

Question 41

Actions releasing a surety or guarantor

Accepted Answer

1.material change to the contract between debtor and creditor without consent of the surety or guarantor, surety discharged completely or to the extent the surety suffers a loss 2.principal obligation is paid or valid tender is made 3. surrender or impairment of collateral without the guarantor\'s consent this action on the part of the creditor releases the surety to the extent of any loss suffered

Question 42

Digital Millennium Copyright Act 1998

Accepted Answer

is illegal to circumvent encryption software. The liability of the ISP (internet service provider) is limited. There are fair use exceptions for libraries and universities.

Question 43

Requirements for strict product liability

Accepted Answer

The product must be defective when sold. Defendant is in the business of selling the product. Product must be unreasonably dangerous. Plaintiff must be physically harmed. Defect must be the proximate cause of the injury. The product has not been altered.

Question 44

Privileged Speech

Accepted Answer

has two types: absolute and qualified.

Question 45

Absolute Privileged Speech

Accepted Answer

Only in judicial proceedings and certain government proceedings is an absolute privilege granted. Thus, statements made by attorneys and judges in the courtroom during a trial are absolutely privileged, as are statements made by government officials during legislative debate.

Question 46

Qualified Privileged Speech

Accepted Answer

a person will not be liable for defamatory statements because he or she has a qualified, or conditional privilege. An employer\'s statements in written evaluations of employees, for instance, are protected by a qualified privilege. Generally, if the statements are made in good faith and the publication is limited to those who have a legitimate interest in the communication, the statements fall within the area of qualified privilege.

Question 47

Doug obtains permission to be on Nathan\'s land for one day to hold a four-wheeling event. Doug\'s truck breaks down, and instead of removing it, he leaves it on Nathan\'s property for several days after the event. Doug has most likely committed

Accepted Answer

trespass to land

Question 48

John becomes seriously ill while vacationing at a remote island resort. Dr. Smith is vacationing at the same resort. Because it is an emergency and no one else is available, the doctor treats John until he can be flown to the mainland. John\'s illness is outside of Dr. Smith\'s area of expertise, and the treatment she provides causes permanent damage to Frank. If John sues Dr. Smith, he can defend himself under

Accepted Answer

Good Samaritan statutes.

Question 49

In our freely competitive economy, business HAVE limits on how they can attract customers

Accepted Answer

TRUE

Question 50

Competing via aggressive marketing and advertising strategies is BLANK interference with a business relationship

Accepted Answer

usually permissible

Question 51

Trespass to land has nothing to do with obtaining permission for use of that land

Accepted Answer

False

Question 52

Trespass to land required that a person BLANK on the land.

Accepted Answer

remain

Question 53

For trespass to land occur you have to BLANK onto, above, or below the land surface owned by another

Accepted Answer

enter

Question 54

A real property owner must BLANK that a person is a trespasser.

Accepted Answer

establish

Question 55

A guest in your home is typically BLANK a trespasser.

Accepted Answer

not

Question 56

You are given permission to use Alvie\'s land for a one-day four-wheeled drive event. Your own truck breaks down during the event so you leave it on Alvie\'s property. Most likely you have committed

Accepted Answer

trespass to land.

Question 57

When you borrow a friend\'s tablet device and refuse to give it back, you have committed trespass to land

Accepted Answer

false

Question 58

The state of Texas has placed caps on noneconomic damages in medical malpractice causes of action. This type of limitation on damages is

Accepted Answer

an example of tort reform.

Question 59

The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years. Bob, the soccer coach, tells the team members that they must now train with Martin, not Hanson, or they will be kicked off the team. All of Hanson\'s clients immediately stop training with Hanson. Bob is most likely to have committed

Accepted Answer

wrongful interference with a business relationship.

Question 60

Austin, Texas has passed a local ordinance that provides all motor vehicles must provide at least three feet of clearance when passing a bicycle. Ted is driving his vehicle and accidently hits Zoey. His actions of violating the local ordinance and hitting Zoey constitute:

Accepted Answer

negligence per se.

Question 61

Ted is running down the sidewalk at a high rate a speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except

Accepted Answer

damages

Question 62

Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing a down craft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of

Accepted Answer

assumption of the risk.

Question 63

The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeaser does NOT wish to bring about the consequence of the act, nor does she or he believe that they will occur.

Accepted Answer

true

Question 64

The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.

Accepted Answer

False

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