LAW 531 Week 2 Knowledge Check

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LAW 531 Week 2
Knowledge Check


The material
presented below is not meant to be a comprehensive list of all you need to know
in the content area. Rather it is a starting point for building your knowledge
and skills. Additional study materials are recommended in each area below to
help you master the material.

Personalized
Study Guide Results:

Score: 12 / 12

Concepts Mastery
Questions

Intentional
torts 100% • 1

• 2• 3

Negligence 100%
• 4

• 5• 6

Product
liability and strict liability 100% • 7

• 8• 9

Defenses to
product liability 100% • 10

• 11

• 12

Concept:
Intentional torts

Mastery : 100%
Questions : • 1

• 2• 3

Materials on the
concept:

• Intentional
Torts

• Assault


Misappropriation of the Right to Publicity

• Defamation of
Character

1.

Identify the
true statement about intentional torts.

• A.

A person can be
sued for assault even if there was no actual physical contact.

• B.

A person can be
sued for threatening future harm.

• C.

A person can be
accused of battery only if there was direct physical contact.

• D.

A person cannot
be sued for intending to injure one person but injuring another instead.

2.

When does
misappropriation of the right to publicity occur?

• A.

When private
information about a person is made available to the public without the person’s
consent

• B.

When the
identity of an individual is used to make commercial gains without the
individual’s permission

• C.

When false
statements about an individual are made on a public platform

• D.

When a false
document is signed using another person’s name

3.

Natalia has sued
a media agency for publishing false statements about her in one of its widely
circulated newspapers. Natalia has sought damages from the media agency for
violating her reputation. Identify the tort that is illustrated in the
scenario.

• A.

Misappropriation
of right to publicity

• B.

Battery

• C.

Libel

• D.

False
imprisonment

Concept:
Negligence

Mastery : 100%
Questions : • 4

• 5• 6

Materials on the
concept:

• Unintentional
Torts (Negligence)

• Intentional
Torts and Negligence

• Proximate
Cause

• Res Ipsa
Loquitur

• Special
Negligence Doctrines

4.

What is true
about a negligence lawsuit in the context of unintentional torts?

• A.

The plaintiff does
not need to prove that the defendant owed a duty of care.

• B.

The plaintiff
does not need to prove that actual injury occurred.

• C.

The plaintiff
should prove that the defendant’s negligence caused the injury.

• D.

The plaintiff
needs to prove that the negligence occurred in the profession of the defendant.

5.

What does
proximate cause mean?

• A.

The negligent
person or entity is completely responsible for all the damages caused by the
negligence.

• B.

The plaintiff
has the right to decide the extent of the negligent party’s liability.

• C.

The law limits
the liability that the negligent party needs to assume for the consequences.

• D.

The compensation
for damages is decided based on the severity of the injury.

6.

To which of the
following scenarios would res ipsa loquitur be most applicable?

• A.

Laura
experienced extreme emotional distress after she watched her father get
severely injured in an accident.

• B.

Jason was
severely injured when a roller-coaster crashed during a ride in an amusement
park.

• C.

Paulina was
seriously injured in a car accident because she was driving under the
influence.

• D.

Samir lost some
of his important documents because of a negligent accountant.

Concept: Product
liability and strict liability

Mastery : 100%
Questions : • 7

• 8• 9

Materials on the
concept:

• Product
Liability: Strict Liability

• Introduction
to Product and Strict Liability

• Product
Liability: Negligence

• Product
Liability: Misrepresentation

7.

Identify the
true statement about the doctrine of strict liability.

• A.

It allows a
plaintiff to recover damages from a defendant if the latter’s conduct has been
intentional.

• B.

It requires a
defendant to prove that a plaintiff has breached the duty of due care.

• C.

It can be
disclaimed by wholesalers and retail dealers.

• D.

It also covers
informal sales and transactions.

8.

When does a
negligence tort occur in the context of product liability?

• A.

When a
manufacturer intentionally hides a defect of a product

• B.

When a lessor
knowingly provides false information about the quality of a product

• C.

When a seller
breaches the duty of due care while selling a product

• D.

When a
manufacturer makes products under a false identity

9.

Miranda has
filed a lawsuit against a cellphone company that sold her a phone with
defective features. Miranda has filed the case because she believes that the
company intentionally withheld information about the poor features of the
product. It was these defective features that caused Miranda’s hand injury.
Identify the product liability tort that would best apply to this scenario.

• A.

Misrepresentation

• B.

Negligence

• C.

Libel

• D.

Res ipsa
loquitur

Concept:
Defenses to product liability

Mastery : 100%
Questions : • 10

• 11

• 12

Materials on the
concept:

• Product and
Strict Liability

• Defenses to
Product Liability

• Statute of
Limitations and Statute of Repose

• Plaintiff
Partially at Fault

10.

What is the most
valid defense for a product liability lawsuit?

• A.

The defendant
claims that he or she was not aware of the possible injury that the product
could cause.

• B.

The defendant
claims that the product was not modified by the plaintiff after it was bought.

• C.

The defendant
claims that the product was used in an abnormal and wrong manner by the
plaintiff.

• D.

The defendant
claims that the product was harmful because of improper packaging.

11.

In a product
liability lawsuit, a seller was excused from paying damages to a customer for
injuries caused by a defective product. This was because a number of years had
passed since the seller had sold the product to the customer. What statute can
best be applied to this scenario to protect the rights of the seller?

• A.

Statute of
limitations

• B.

Statute of
proximate cause

• C.

Statute of
repose

• D.

Statute of
contractor defense

12.

In which case
can the doctrine of comparative negligence be used?

• A.

When part of the
plaintiff’s injuries have been caused by the carelessness of the plaintiff

• B.

When the
plaintiff, out of negligence, takes action against a defendant, several years
after the injury has been caused

• C.

When the
defendant claims that the plaintiff was aware of the risks of using the product
in question

• D.

When the
defendant proves that he or she sold the product several years prior to the
injury
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