Business Its Legal, Ethical, and Global Environment: Chapter 9. All Answers

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Business Its Legal, Ethical, and Global Environment: Chapter 9 1. A tort is a private wrong carrying criminal penalties. a. b. : : 1 : Easy : United States - BUSPROG: Reflect... ive Thinking : United States - OH - AICPA: BB-Legal What is a Tort? Roots of Law and Commerce : Bloom's: Comprehension 2. Slander is oral defamation. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Knowledge 3. A statement that impeaches someone's honesty is defamatory. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Knowledge 4. Non-public figures need not prove publication in their suits for defamation. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Comprehension 5. Only libel requires proof of publication. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Comprehension 6. Public figures must prove malice to establish a case of defamation against a newspaper. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Comprehension 7. In most states, letters of reference are exempt from liability for defamation. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Knowledge 8. "Car dealers are crooked" is an example of actionable defamation. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Application 9. Members of Congress enjoy an absolute privilege for their speech while on the floor. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Comprehension 10. The media have a qualified privilege in defamation cases. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Comprehension 11. Testimony in a court room is not privileged for purposes of defamation actions. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Knowledge 12. The tort of contract interference requires knowledge of an existing contract between two parties. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Contract Interference : Bloom's: Knowledge 13. Contract interference is remedied by a suit for breach of contract. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Contract Interference : Bloom's: Comprehension 14. Qualified privilege statutes protect those with a moral obligation to speak. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Comprehension 15. The tort of imprisonment requires proof of some actual injury. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Imprisonment : Bloom's: Knowledge 16. The shopkeeper's privilege is a defense to imprisonment if the detention is reasonable. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Imprisonment : Bloom's: Knowledge 17. Malice is a required element in all defamation cases. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Knowledge 18. Newspapers have an absolute privilege with respect to defamation suits. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Comprehension 19. It is possible that those who write letters of recommendation could have liability for the content of those letters. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Comprehension 20. Some damages other than emotional damages must be established for the tort of intentional infliction of emotional distress. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Intentional Infliction of Emotional Distress : Bloom's: Knowledge 21. The disclosure of private but facts is not an invasion of privacy. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Invasion of Privacy : Bloom's: Knowledge 22. Negligence is available as a tort remedy only when the breach of duty is a statutory violation. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Application 23. For public figures the media has a qualified privilege. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Knowledge 24. Invasion of privacy is a tort of negligence. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Invastion of Privacy : Bloom's: Comprehension 25. All states provide some form of immunity for people who stop and help but make mistakes in offering their assistance. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Knowledge 26. Asking buyers to break their existing contracts with other suppliers is tortious interference. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Contract Interference : Bloom's: Knowledge 27. To establish the tort of imprisonment, there must have been some physical harm. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Imprisonment : Bloom's: Knowledge 28. There are three invasion of privacy torts. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Invasion of Privacy : Bloom's: Knowledge 29. The use of someone's voice for commercial purposes without their permission is appropriation. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Invasion of Privacy : Bloom's: Knowledge 30. The use of someone's photo for commercial purposes without their permission is appropriation. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Invasion of Privacy : Bloom's: Knowledge 31. The use of someone's photo for commercial purposes without their permission is invasion of privacy. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Invasion of Privacy : Bloom's: Knowledge 32. A newspaper photographer entering a delivery room and taking a picture of Julia Roberts delivering her twins has invaded her privacy. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Invasion of Privacy : Bloom's: Application 33. A newspaper running a picture of Julia Roberts’ twins has invaded her privacy. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Invasion of Privacy : Bloom's: Application 34. Speeding is a breach of duty for negligence purposes. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Comprehension 35. The failure to follow industry code is a breach of duty. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Application 36. Running a red light is a breach of duty for negligence purposes. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Application 37. Driving with brakes in need of replacement is not a breach of duty. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Application 38. A breach of duty can still be established for negligence cases even when the defendant has complied with the law. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Analysis 39. Proximate cause is the same thing as causation. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Comprehension 40. The purpose of causation is to tie the breach of duty to the resulting injury. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Comprehension 41. Contributory negligence, if established, is a complete defense to negligence. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Comprehension 42. Comparative negligence, if established, is a complete defense to negligence. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Comprehension 43. Assumption of risk is a complete defense to negligence. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Comprehension 44. The Palsgraf case expanded the notion of causation. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Analysis 45. "Negligence in the air" is the standard of liability the Palsgraf case established. a. b. : : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Analysis 46. Businesses are never liable for criminal activity on their premises. a. b. : : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Analysis 47. Assumption of risk is not a defense unless there was full information prior to the risk being assumed. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Comprehension 48. Comparative negligence reduces the plaintiff's recovery. a. b. : : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Comprehension 49. The reasonable and prudent person standard is not used for establishing contributory negligence. a. b. : : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Comprehension 50. Proximate cause need not be established in negligence cases. a. b. : : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Comprehension 51. Comparative negligence and contributory negligence are the same thing. a. b. : : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Synthesis 52. Contributory negligence cannot be raised if there is causation proved against the tort feasor. a. b. : : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Analysis 53. Few states follow the doctrine of contributory negligence. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Knowledge 54. Employer privilege statutes are those that provide employers with defenses to defamation suits when they have shared information on former employees with prospective employers. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Knowledge 55. Employer privilege statutes apply even when there is intentional misrepresentation. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Comprehension 56. The duty of a reasonable person extends beyond statutory duties. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Comprehension 57. To establish assumption of risk, the defendant must show that the plaintiff was aware of the risk and accepted it voluntarily. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Comprehension 58. When skiing, those participating assume the risk of poorly marked trails. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Application 59. Writing a glowing letter of recommendation for someone in your organization who was accused of misconduct without mention of the charges can result in liability. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Comprehension 60. The “bystander effect” is an exception to contributory negligence liability. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Comprehension 61. HIPAA is a federal law for medical privacy. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Invasion of Privacy : Bloom's: Knowledge 62. Britney Spears is an example of a public figure for purposes of proving malice. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Application 63. Opinion commentary is not defamation. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Application 64. The employer privilege statutes provide employers with some defenses for candor in references. a. b. : : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Knowledge 65. The reasonable person standard is the standard of duty for purposes of establishing negligence. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Knowledge 66. A witness in a high profile criminal trial is a public figure. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Application 67. Posting information about a person to an Internet blog would be publication. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Application 68. Opinion and analysis of a person’s conduct are not defamation if the underlying facts are correct. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Application 69. A screensaver program that uses the likeness of a person is commercial appropriation. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Invasion of Privacy : Bloom's: Application 70. Posting information in a chat room is not sufficient to establish defamation. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Application 71. Defamation cannot exist in cyberspace because there is no evidence that someone heard or understood the statements. a. b. : : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Application 72. Which of the following statements would qualify for a defamation action (assuming the statement is )? a. "All corporate types are selfish." b. "Accountants will sign off on anything." c. "Jones pled guilty to a violation of campaign contribution laws." d. All of the above qualify for a defamation action. : c : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 73. How many people must have heard or read a statement for there to be publication for purposes of defamation? a. one b. at least two c. there must be widespread community knowledge d. it must be heard simultaneously by at least two people : a : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 74. Which of the following would not be classified as libel? a. a newspaper article with un statements b. a letter with un statements sent to only one person c. a statement d. a speech at a Veteran's Day parade : c : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 75. Public figures: a. can never have an action in defamation. b. lose their defamation action rights if the remark or information is part of a story. c. can seek a retraction, but can never recover damages for defamation. d. must establish malice in order to recover damages for defamation. : d : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 76. Contract interference: a. requires involvement by more than one third party. b. requires proof of intent to interfere. c. is a federal crime. d. requires proof of misappropriation. : b : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Contract Interference : Bloom's: Comprehension 77. Galley, Inc. has a contract for operating the kitchen at the Palm Crest Hotel in Miami, Florida. Mealco has approached Palm Crest's director of operations and stated, "Look, sign with us. We'll take care of whatever damages you owe Galley." Mealco's statements: a. are defamatory. b. constitute the tort of contract interference. c. constitute the tort of negligence. d. none of the above : b : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Contract Interference : Bloom's: Application 78. Galley, Inc. has a contract for operating the kitchen at the Palm Crest Hotel in Miami, Florida. Mealco has approached Palm Crest's director of operations and stated, "Look, sign with us. We'll take care of whatever damages you owe Galley." Suppose Mealco added the following phrase, "Galley is going under fast. They haven't paid rent in five months and their rent is $15,000 per month." Galley is current on its rent, and its rent is $5000 per month. Mealco's statements: a. are defamatory. b. constitute the tort of negligence. c. are covered under the shopkeeper's privilege. d. none of the above : a : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 79. Jane Mitchell, age 16, was shopping at her neighborhood Osco Drug Store. She had been looking at magazines as she waited for a friend. She decided to purchase a Tiger Beat magazine and then wait for her friend outside the store. She paid for the magazine, but as she headed for the door, the store manager used the store's loudspeaker system to announce, "You, with the green hair and the maroon Doc Marten's on. Yes, you, by the front of the store. I saw you take that magazine. Stop right there. I have a gun pointed at you." The manager's actions: a. are protected by the shopkeeper's privilege. b. constitute defamation. c. were excessive but will not result in any liability. d. none of the above : b : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Imprisonment : Bloom's: Application 80. A-Plus Linens sent the following notice to John C. Lincoln Hospital: "We'll pay you. Drop your current linen service and we'll give you $5 for every 100 pounds of linen you send our way." The notice sent by A-plus: a. is contract interference. b. is defamatory. c. is invasion of privacy. d. none of the above : a : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Contract Interference : Bloom's: Application 81. Suppose A-Plus Linens sent the following notice to John C. Lincoln Hospital: "On your next call for bids, call us. We'll give you a $5 discount for every 100 pounds of linen we clean for you." The notice sent by A-Plus: a. is contract interference. b. is defamatory. c. is invasion of privacy. d. none of the above : d : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Contract Interference : Bloom's: Application 82. If a defendant in a defamation suit holds a qualified privilege: a. the defendant has a complete defense to the suit. b. the defendant cannot be sued if he/she retracts the statement. c. the plaintiff will be required to prove additional elements to recover. d. the defendant enjoys higher protection than the absolute privilege. : c : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Knowledge 83. The tort of imprisonment: a. requires proof of some actual damage to the plaintiff. b. is also known as the "shopkeeper's tort." c. requires proof of emotional distress. d. no longer exists in states that have adopted the shopkeeper's privilege. : b : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Imprisonment : Bloom's: Comprehension 84. The tort of intentional infliction of emotional distress: a. requires proof of some physical harm before there can be recovery. b. is the same as the tort of imprisonment. c. is a property tort. d. requires proof of conduct that exceeds all bounds of decency. : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Intentional Infliction of Emotional Distress : Bloom's: Comprehension 85. Which of the following is not an element of negligence? a. duty b. breach of duty c. reckless disregard d. causation : c : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Knowledge 86. Which of the following defenses to negligence serves as a complete bar to recovery? a. comparative negligence b. contributory negligence c. both a and b d. none of the above : b : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Comprehension 87. Troy Nolan, age 17, was in a Games and Stuff store browsing. Troy frequented Games and Stuff but did not always make a purchase. After 45 minutes of looking, Troy picked up his skateboard, put his hand in his pocket, and headed toward the door. The day manager yelled from the back of the store to the cashier at the front of the store, "Stop the kid with the skateboard. He's stolen two games." There were 22 people in the store who heard the statement. Troy had not taken the games. Troy: a. will be successful in a defamation suit against Tower. b. has no course of action because of the shopkeeper's privilege. c. has no basis for recovery. d. could recover only for imprisonment. : a : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 88. Which of the following statements best describes the property protection given a singer's voice? a. No protection is given since it is intangible. b. No protection is given because many people legitimately sound like famous singers. c. The voice is given the same protection as the face or likeness. d. none of the above : c : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Invasion of Privacy : Bloom's: Application 89. The distinguishing element between intentional torts and negligent torts is: a. intent. b. level of damages. c. causation. d. All of the above are distinctions. : a : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal What is a Tort? Roots of Law and Commerce : Bloom's: Comprehension 90. Hamburger Hamlets, Inc. is a chain of fast-food restaurants. Its major competitor is Sam's Sandwiches, Inc. Sam's Sandwiches' public relations vice president issued the following statement, "We have documented proof that Hamburger Hamlets uses horse meat in its burgers." Which of the following statements is ? a. Sam's is liable for defamation. b. Sam's is liable for public disclosure of private facts. c. Sam's is liable for negligence. d. Sam's has not committed a tort. : a : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 91. The statement "All used-car dealers are crooks" is: a. defamation because it meets the requirement that the statement reflect on the honesty of the business. b. defamation because the businesses are sufficiently identified. c. not defamation. d. defamation so long as there was publication. : c : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 92. Which of the following does not enjoy an absolute privilege to charges of defamation? a. members of Congress while speaking on the floor b. witnesses in a court hearing c. newspaper reporting witness testimony from a trial d. All of the above carry absolute privileges. : c : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 93. The shopkeeper's privilege applies: a. regardless of the amount of time the shopper is detained. b. even if the shopkeeper made a good-faith mistake. c. only if a security guard is used by the store. d. all of the above : b : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Imprisonment : Bloom's: Application 94. A local liquor store posts the checks of customers that are returned from the bank. The store manager says the public display of the checks is a good way to deter other bad-check writers. The display of the checks is: a. an invasion of privacy. b. defamation. c. protected by a qualified privilege. d. none of the above : a : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Invasion of Privacy : Bloom's: Application 95. This term is given to witnesses who do nothing while a crime is being committed out of fear, apathy, or a mistaken belief that someone else will help the victim. a. Watcher effect b. Stockholm effect c. Bystander effect d. Richmond effect : c : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Knowledge 96. Punitive damages are: a. generally not available in tort cases. b. often awarded in cases of contract interference. c. only available in negligence actions. d. none of the above : b : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Contract Interference : Bloom's: Knowledge 97. Which of the following is not an intentional tort? a. battery b. imprisonment c. invasion of privacy d. negligence : d : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal What is a Tort? Roots of Law and Commerce The Intentional Torts : Bloom's: Knowledge 98. In Van Horn v. Watson, the court concluded that in California the Good Samaritan laws: a. do not exist. b. apply to anyone helping another injured person. c. apply to anyone offering medical care in good faith at the scene of a medical emergency. d. apply to anyone offering medical care to another person. : c : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Application 99. Proximate cause: a. is the same as causation. b. need not be proved in every negligence case. c. was established in the Palsgraf case. d. is no longer an element of negligence. : c : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Knowledge 100. The "But for" test: a. is the test for causation. b. is the test for proximate cause. c. has been eliminated as the causation test in negligence cases. d. none of the above : a : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Comprehension 101. ____ states provide a qualified privilege for letters of recommendation. a. All b. No c. A few d. Nearly all : d : 1 : Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Knowledge 102. Which of the following constitutes a defamatory statement (assuming the statements are un)? a. "I don't think you'll be happy with their work." b. "He was dismissed for embezzlement from his last job." c. "I don't care for him at all." d. "All people from Kentucky are stupid." : b : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 103. A retail store: a. has no duty to protect customers from criminal conduct by third parties. b. owes its customers duties as licensees. c. owes its customers duties as invitees. d. need not protect its customers against problems it has knowledge of. : c : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Negligence : Bloom's: Knowledge James Keller was an employee at Radical Boards, Inc. Radical Boards is a surf and skateboard shop that also sells clothing. While employed there, Radical Board's principal shareholder discovered that Keller had created peep holes in the shop's dressing rooms. When confronted with the peep holes, Keller denied every using them and indicated that they were there to prevent shoplifting. The shop manager was told to fire Keller. Shortly after Keller left, a 16-year-old and her mother filed suit because the teen learned, through conversations with Keller, that he had seen her in the dressing room while she was trying on swimming suits. Keller was able to describe her not-generally-seen birthmarks to her. 104. Radical Boards: a. cannot be held liable to the teen and her mother because it did engage in the conduct. b. could be held liable under a theory of negligent failure to supervise. c. is no longer liable because it terminated Keller. d. has not committed any tort because watching customers in dressing rooms in part of a merchant's right. e. none of the above : b : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Application 105. Keller has applied for a position at a summer camp for girls, ages 14-18. The camp director had called Radical Board's manager and asked for a reference on Keller. a. Radical Board has no liability if it simply verifies Keller's employment there. b. Radical Board has liability for its failure to prosecute Keller. c. Radical Board has no liability for the actions of employees beyond their job description. d. Radical Board enjoys a privilege against defamation if it discloses the peep hole story. e. none of the above : d : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 106. Suppose that Radical Board's manager simply verifies employment for the camp director. During Keller's first month at the camp, he is able to gain access to the girls at night and sexually assaults three of them. The girls' parents have brought suit against the camp as well as Radical Boards. The camp: a. is not liable for the criminal conduct of employees that was not authorized. b. might be liable for negligent hiring. c. has no liability for conduct of employees after hours. d. both a and b e. none of the above : b : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 107. Radical Boards: a. has no liability to the girls or their parents. b. enjoys an employer privilege and immunity against such litigation. c. might be held liable for the negligent failure to disclose Keller's history. d. has no liability for the subsequent acts of terminated employees. e. none of the above : c : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 108. Which of the following is/are HIPAA requirements? a. No computer use for health care information transmittal. b. Patient right of access to records. c. Use only of postcards for communication. d. a, b and c : b : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Invasion of Privacy : Bloom's: Knowledge 109. Which of the following is prohibited under HIPAA? a. Patients’ right to restrict disclosure and discussion of a hospital stay. b. A computer screen in a doctor’s office turned toward the waiting room. c. Calling a patient at work who has requested no calls there. d. all of the above : d : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Invasion of Privacy : Bloom's: Knowledge 110. On a radio talk show, the host said, “That no-good felon, O.J. Simpson.” Mr. Simpson has been convicted of a felony. a. The talk show host has defamed Mr. Simpson. b. Because most people believe Mr. Simpson to be a murderer, there is no defamation. c. The talk show host enjoys the media qualified privilege. d. both a and c : c : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 111. Which of the following have an absolute privilege against defamation for their speech? a. a senator while speaking on the floor of the Senate b. a newspaper c. neither a nor b d. both a and b : a : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 112. Whistle-blowers may have some statutory protection by receiving a(n): a. qualified privilege. b. absolute privilege. c. absolute immunity. d. unqualified privilege. : a : 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal Defamation : Bloom's: Knowledge 113. The Arizona Daily Desert View carried a story on a recent E-Coli problem in a Phoenix fast food restaurant. The story included a history of Arizona E-Coli incidents and indicated that the Saguaro Grill had an E-Coli problem in 1999 that resulted in the hospitalization of seven customers. Suppose that the restaurant that had the E-Coli outbreak in 1999 was Saguaro Buffet, not the Saguaro Grill. The Arizona Daily Desert View: a. is liable to the Saguaro Grill for libel. b. is liable to the Saguaro Grill for defamation. c. is liable to the Saguaro Grill for invasion of privacy. d. none of the above. : a : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 114. Representative Pete Stark said the following in a speech on the floor of the U.S. House of Representatives, “You’re going to spend it to blow up innocent people if we can get enough kids to grow old enough for you to send to Iraq to get their heads blown off for the president’s amusement.” Representative Stark: a. is protected from defamation liability because of the privilege for elected officials. b. is liable to the president for defamation because the statement was not related to government issues. c. is not liable for defamation because of the public figure privilege. d. both a and c : a : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 115. In an opinion column published in wallstreetbuzz.com, a columnist wrote, “James Jackson, CEO of Blain Investments, now posting an $8 billion write-down, has robbed shareholders blind through his accounting slights of hand. Jackson insists that he has scruples. I don’t know about that but if he does have scruples you can bet they belong to somebody else.” The columnist: a. has committed the tort of libel. b. is protected from defamation liability under the opinion/analysis quasi-privilege. c. cannot be protected from defamation liability by the opinion/analysis privilege if the statement was published. d. none of the above : b : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 116. John Reisen posted the following message in a chat room, "MIC Corporation will have to restate its earnings for the past three years. Its CEO will resign in disgrace because he is responsible." The message is and MIC Corporation's shares lose 45% of their value before the company can stop the rumor. a. Reisen has committed the tort of defamation. b. Reisen has not committed the tort of defamation because there is no publication. c. Reisen has not committed defamation because there are no damages to the company, only the shareholders. d. both b and c e. none of the above : a : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Application 117. Rex Crim is an International Harvester dealer from Henderson, Texas. At the request and expense of International Harvester, Crim traveled to Phoenix, Arizona, for purposes of the demonstration of a new vehicle called the International Scout, designed to compete against the Jeep. Crim went to the proving grounds in the desert around Phoenix and spent a day watching the vehicle demonstrations. Crim and other dealers drove the vehicles and much dust resulted from their driving. A few weeks later Crim became ill with flu-like symptoms. He was finally diagnosed as having coccidioidomycosis or "Valley Fever." Valley Fever is a disease well known to Arizona residents and most have had it if they have lived there over ten years. Newcomers are particularly vulnerable to the disease since the exposure to dust seems to build up immunity among the residents. Crim became quite ill and brought suit against International Harvester for its failure to warn him about the Valley Fever phenomenon before he came out to the testing grounds. Was International Harvester responsible for warning Crim? Is there negligence in the failure of International Harvester to warn Crim? : In Crim v. International Harvester Co., 646 F.2d 161 (5th Cir. 1981), the court held IH was liable since it had peculiar knowledge and Crim did not. IH did not exercise reasonable care in discovering the danger and then warning of that danger. : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Application 118. Kirk Daly, a 36-year-old attorney, was killed when his Buick Opel collided with some metal fence on the Harbor Freeway in Los Angeles. He was traveling at a speed between 50 and 70 mph. After the collision, the car spun and the driver's door flew open. Daly was ejected from the car and sustained fatal head injuries. Had the door stayed closed, his injuries would have been relatively minor. Daly was not wearing his seat belt. Discuss the negligence theory for recovery in the suit Daly's widow has brought against General Motors, the makers of the Buick Opel. Also discuss any defenses General Motors might have. : In Daly v. General Motors, 575 P.2d 1162 (Cal. 1978) the California court allowed the seat belt issue to be introduced as a comparative negligence defense to the suit. : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Application 119. Cynthia Fromm and Delores Rankin left after their fall semester finals for a four-day skiing trip in Northern Arizona. During their return drive, they hit a severe snowstorm and were having with directions. They took a wrong turn onto a road that is closed during the winter months and is not plowed. The winter barricades for the road were not yet in place. Fromm and Rankin were soon stuck in the snow. They remained in their vehicle for 11 days until they were rescued by snowmobilers. Both had severe frostbite. Fromm lost both feet. Rankin lost all of her toes. Both filed suit against the state of Arizona for its failure to put up barricades in a timely fashion. Should the state be held liable? : In the trial, the state of Arizona was held only partially liable because of the negligence of the women. : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Application 120. Discuss why whistle-blowers should receive some kind of protection from defamation claims. : Assuming the information publicized is , a whistle-blower is attmepting to make the correct ethical and legal decisions. The person then can receive a qualified privilege which will protect them for defamation lawsuits from the target of the publicized information. Since the privilege is qualified, the person’s statements should be verfied as and limited in scope to receive it.. : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Synthesis 121. First Fidelity Insurance received a call from Second Fifth Bank regarding Margaret Gessner, a former Fidelity employee. Gessner had been fired for embezzlement. Can First Fidelity disclose such information? Must First Fidelity disclose it? : Students should discuss the issues of defamation as well as negligence if Fidelity fails to reveal the information to a potential employer, particularly a bank. : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation Negligence : Bloom's: Synthesis 122. Discuss why there may be liability for writers of letters of recommendation that fail to include relevant employment-related information : From fear of defamation- and other - lawsuits, many employers have been willing to only provide verification of employment and dates of employment. The omission of important information may lead to the hiring of an employee that causes legal problems for the employer and endangers others. The case involving Robert Gadams held school districts liable for not including complaints against Gadams for sexual harm he caused in its letters of recommendation. By not notifiying potential future employers about it, it put other children at risk; from that risk creation comes the legal liability. : 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Synthesis 123. Three boys were leaving Wal-Mart when they were stopped by plain clothes security officers. One officer said, “Those shirts that you have on were stolen.” One boy said, “You can’t be serious.” The officer responded, “Yes, I am. Come with me.” The boys then went with the officers to a side door and into an office. The boys’ parents have filed suit against Wal-Mart. Discuss what their suit might be for and what defenses Wal-Mart has. : imprisonment and defamation; Wal-Mart’s defense: shopkeeper’s privilege The issue is whether Wal-Mart acted reasonably in its detention and confrontation of the boys. How loud? Where were customers? Etc. : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Imprisonment : Bloom's: Application 124. Anne Argent runs a Water ‘n Ice store located near a thrift store in a strip mall that has only Ann’s store and the thrift store as tenants. The remaining stores in the strip mall are vacant. Anne’s customers are largely junior high and high school students who ride their bikes to her store from the neighborhoods surrounding the strip mall. They park their bikes outside Anne’s store while they are inside buying drinks, ice cream, and candy. In the past 10 months, 12 bikes have been stolen from outside Anne’s store. Discuss any liability Anne might have and why. : Students should discuss that landowners are not generally responsible for insuring customers against the criminal conduct of third parties. However, when the landowner becomes aware of high levels of criminal activity, it has a duty to warn and even a duty to provide protection. Anne has reached a point where warnings and alternative storage mechanisms are needed because of the ongoing and regular nature of the crime. Once you know, the obligation of protection kicks in. : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Application Ms. Leitch was having a glass of champagne in the outdoor section of a restaurant in Delray Beach, Florida on New Year’s Eve. She was hit by a stray bullet and injured. There had been stray bullet injuries in the past on the streets of Delray on New Year’s Eve, but the city did not issue any warnings to revelers prior to New Year’s Eve. Ms. Leitch has filed suit against the city of Delray Beach to recover for her medical costs, lost wages, and physical pain and suffering. 125. What will Ms. Leitch use to establish duty in her negligence case against the city? a. That the city was aware of the stray bullet problem but did not issue warnings. b. That the city did not control stray gun fire. c. That the city allowed outdoor areas in restaurants there. d. That the city did not prohibit guns in the streets. : a : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Analysis 126. What will the city use as a defense in the case? a. That the stray bullet incidents were remote and isolated. b. That Ms. Leitch was contributorily negligent for being in an outside area of a restaurant on New Year’s Eve in Delray Beach. c. That you cannot be held liable for the criminal activities of third parties. d. That there is strict liability for wounds from guns within city limits. : a : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Analysis 127. What might explain why the restaurant isn’t named in the lawsuit? a. The restaurant owes no duty of safety to customers. b. Restaurants are never liable for the criminal activities of third parties. c. There had never been an injury in the outside area of the restaurant. d. That there was assumption of risk on Ms. Leitch’s part. : c : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Negligence : Bloom's: Synthesis 128. Singer Courtney Love tweeted several posts on her Twitter feed as well as her MySpace page that a clothing designer “bullied victims, stole, sold drugs, drank three bottles of vodka,” and “is a danger to society.” The designer sued Ms. Love for defamation. Which of the following would be a defense for Ms. Love? a. That the statements were made on social media. b. That she is a public figure and enjoys a privilege for her communications. c. That there is no publication because Tweets and MySpace communications are not permanent. d. That the statements are . : d : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Defamation : Bloom's: Synthesis 129. A magazine ad features a photo of the head of Albert Einstein placed atop the photo of a young, muscular torso with loads of tattoos and the top of his underwear showing. The ad is one for General Motors and features the line, “Ideas are sexy, too.” The Hebrew University of Jerusalem was given the rights to Mr. Einstein’s works and names by his family when he died. GM says that it purchased the rights to use the Einstein photo from a reputable licensing firm. What would be the basis of a suit by the University against General Motors? a. Defamation b. Intrusion into private affairs c. Appropriation d. Strict liability : c : 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking Invasion of Privacy : Bloom's: Synthesis [Show More]

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