1) How is false imprisonment defined? a. being held in jail when no formal charges have been filed b.

the intentional confinement or restraint of another without authority of justification and without that persons consent c. the holding in prison of one who was convicted of a crime that the person did not commit d. a confinement caused when one accidentally causes another to be confined without that persons consent 2) Which of the following is the best description of misappropriation of the right to publicity? a. claiming credit for the accomplishments of another b. publishing the creative work of another and claiming that it is yours c. publicly claiming to have accomplished something that you have not accomplished d. attempting to use another living persons name or identity for commercial purposes with out that persons consent e. publicizing private information about someone without that persons consent 3) Which of the following is true about intentional infliction of emotional distress? a. Recovery is allowed anytime there is a measurable amount of mental distress. b. There must be some physical contact with the plaintiff. c. The defendants conduct must go beyond all possible bounds of decency and be regarded as atrocious and utterly intolerable in a civilized society. d. The plaintiff must have witnessed severe physical injury to a relative or other significant person in the plaintiffs life. 4) For which of the following torts are the general requirements for the plaintiffs case dependent on whether or not the plaintiff is a public figure? a. defamation b. invasion of the right to privacy c. intentional infliction of emotional distress d. both A and B e. A, B, and CSelf Test 64 BAM 317 Business Law

5) The best statement of the test applied in determining if a defendant was the proximate cause of the plaintiffs injuries is: a. Was it foreseeable to the plaintiff that the defendant would engage in this conduct? b. Given this particular injury to the plaintiff, was it foreseeable that the defendant was the cause? c. Should it have been foreseeable to the defendant that the defendants conduct could lead to this kind of injury? d. Was the injury foreseeable to the plaintiff prior to the injurys occurrence? e. Was it foreseeable to the plaintiff that this kind of injury could occur under the particular conditions that the injury did occur? 6) The doctrine that shifts the burden of proof from the plaintiff to the defendant is: a. negligence per se b. res ipsa loquitur c. apparent negligence d. Good Samaritan 7) ) The proximate cause requirement for a negligence tort is most likely not met where: a. a customer becomes ill from food that is carelessly packed at a processing plant b. a patient becomes sick from a doctor carelessly prescribing the wrong medicine c. a customer in a building supply store carelessly drops a small can of paint that breaks open and is ignited from a spark caused when the metal can hits the concrete floor d. a driver injures a pedestrian when rounding a curve at twice the legal speed limit e. the victim of an accident was aware, prior to the actual accident, that the accident was likely to occur 8) A plaintiff wants to sue on a negligence tort, but knows that he was partly as fault. Which of the following is true? a. A state applying contributory negligence will allow the plaintiff to recover so long as his fault is minor. b. The plaintiff will have to elect whether to sue under comparative or contributory negligence. c. Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence. d. If the plaintiffs fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence. e. In all circumstances the plaintiff will recover more under pure comparative negligence than under partial comparative negligence. 9) Which of the following is true about comparative negligence and contributory negligence? a. Most states that once used comparative negligence now apply contributory negligence instead. b. They are two names for the same defense. c. In order to avoid liability for an unintentional tort, the defendant must prove the pres ence of both defenses. d. Comparative negligence is used with intentional torts and contributory negligence is used with unintentional torts. e. Comparative negligence allows the plaintiff to make a partial recovery whereas contribu tory negligence does not. 10) Sam had just finished a great day of skiing as he walked toward the parking lot with his skis over his shoulders. While waiting to cross at a crosswalk, a cars horn honks down the street. He suddenly turns to see where the sound came from, and in doing so his skis swing around and hit Pam in the head, injuring her. Which of the following, if true, would give Sam the best chance of avoiding liability to Pam? a. Sam did not intend to harm anyone when he turned to see the source of the sound. b. The driver of the car violated an anti-noise ordinance in blowing the horn.

c. Pam had planned to cross the crosswalk as soon as traffic allowed, rather than wait for the walk light to indicate that it was safe to do so. d. Pam had been walking behind Sam for several hundred yards and had observed that Sam, on several occasions, had nearly struck other persons as he carried his skis. ANSWERS: 1) b 2) d 3) c 4) a 5) c 6) b 7) c 8) d 9) e 10) d