Reference no: EM13859232

1. Enabling legislation must be passed by an administrative agency before it begins any administrative activities.

2. Most administrative agencies do not have rule-making or adjudicatory powers.

3. Blasters, Inc., a manufacturer of fireworks, is charged with having manufactured products with gunpowder greater that that allowed by the National Gunpowder Safety Agency. The administrative law judge orders Blasters to stop manufacturing its supercharged fireworks. Blasters may

a. Appeal to the board of the National Gunpowder Safety Agency.

b. Appeal to Congress, which created the agency

c. Appeal to a different, separate agency

d. Ignore the order

4. The Digital Corporation wants to have a U.S. Department of Commerce regulation reviewed. Before a court will hear Digital's request for review, the company must

a. Appeal simultaneously to the agency and the court

b. Bypass all administrative remedies and appeal directly to the court

c. Exhaust all administrative remedies

d. Ignore the regulation and wait for an agency to try to enforce it

5. Where there has been a rulemaking or adjudication by an administrative agency and the decision is then appealed to the courts, the court will generally apply what standard of review to the agency action?

a. The unwarranted by the facts standard

b. The substantial evidence standard

c. The arbitrary and capricious standard

d. The beyond a reasonable doubt standard

6. If an order of an administrative agency is appealed to the agency's governing board, the governing body of the agency may decide the case de novo. In this context the term de novo means:

a. Agency hearings produce evidence of general conditions

b. The agency may hear new or additional evidence in making its ruling

c. Without regard to new evidence

d. The governing board may impose new fines and penalties in its order

7. The _______is the federal public records statute requiring most records in agency files to be open to the public.

a. FOIA

b. APA

c. ALJ

d. Government in Sunshine Act

8. Administrative Agencies may deny access to what kind of records?

a. Those related to national defense

b. Trade secrets

c. Medical records of employees

d. All of the above

9. Tort law gives persons relief from civil wrongs or injuries to their person or property but not their economic interests.

10.  In applying the reasonable person standard in a negligence case, a court takes into account a person's physical handicaps but not mental handicaps. 

11.  In order to sue for battery a plaintiff must prove that he or she received a physical injury.

12.  Sam Student goes to the movies Friday night.  He is exhausted from studying for his Business Law Exam and he falls asleep in the theatre during the movie. At 2 a.m. the security guard locks the building with Sam inside. Sam does not awaken until the next morning at 7 a.m. when the cleaning crew opens the door.  Sam can sue for false imprisonment.

13. Tim and his friend are playing catch in the backyard when Tim throws the ball over the fence and breaks a neighbor's window.  This is trespass to real property even though neither Tim nor his friend ever goes on the property.

14. Disparagement differs from defamation in that defamation pertains to personal reputation whereas disparagement pertains to business interests.

15. If a person acts under emergency conditions, those conditions will be taken into account in applying the reasonable person standard for purposes of liability in an action based in negligence.

16.  John and Megan are exiting the Pepsi Arena in Albany after a big concert.  In the press of people, John is jostled by someone and accidentally steps on Megan's foot and breaks her big toe.  Megan can sue John for the intentional tort of battery because he intended to take a step.

17. The tort of appropriation of name or likeness protects a person's exclusive right to use the value of her identity.

18. The tort of intentional infliction of emotional distress will protect a person from crude language or rude gestures.

19. Tim thinks he hears an intruder in his house, grabs a baseball bat and hides behind a door. When the other person enters the room, Tim recognizes his friend Henry and drops the bat.  Only then does Henry realize his friend had been hiding behind the door with a bat.  Henry can sue Tim for assault.

20. A major difference between trespass to personal property and conversion of personal property is that in the latter the intent is to permanently deprive the rightful owner of possession and control.

21. Two defenses to the tort of defamation are:

(a) truth and self-defense;

(b) truth and privilege;

(c) privilege and self-defense; or

(d) truth and defense of property.

22. A photographer taking photos of a movie star with a telephoto lens would not be guilty of intrusion if

(a) the star was in bed at the time;

(b) the star was in a restaurant at the time;

(c) the pictures were reproduced poorly;

(d) the photographer never entered onto the movie star's property.

23. Jane is leaving a concert event and sees a crowd of threatening looking young men standing at the exit she was going to use.  Rather than risk a confrontation Jane turns around and leaves by way of another exit.  Jane was falsely imprisoned by the young men.

24. Pointing an unloaded gun at someone who believes it is loaded and threatening to shoot is an assault.

25. A true statement of a highly personal nature about someone is a form of defamation.

26. A letter sent to someone falsely accusing her of a murder is defamation.

27. Harms or injuries that are tortious may be inflicted

(a) intentionally;

(b) negligently;

(c) without fault (strict liability);

(d) all are correct.

Tom's dog has bitten three postal carriers, but Tom can't bear to chain him up. When Tom's dog bites the paperboy on Tom's front porch, Tom will be liable.

29. A raccoon gets loose from its cage and harms someone.  The owner will escape liability if he can prove he took every precaution in keeping the animal caged.

30. A retail store like Home Depot will not be liable to a customer who slips and falls on liquid soap that has spilled earlier that day in the rest room if the store can show none of its employees uses that rest room so it didn't know of the spill.

31. The owner of land is liable to trespassers for failure to maintain the land in a reasonably safe condition.

32. A tiger gets loose from a circus tent and mauls a passerby.  If the circus proves it has always treated the animal well and that it was not negligent in its handling of the animal, the circus will escape liability for injury caused by the animal.

33. Res ipsa loquitor makes it easier for the defendant to prevail in a negligence action.

34. The Palsgraf case establishes that in order for there to be negligence, the injury must be proximately caused by the defendant's behavior. However, it also establishes that one of the elements of proximate cause, in addition to causation in fact, is that the injury was s ________________________.

35. Mark is out sailing in his boat when he hears a girl crying for help in the middle of the lake.  Which of the following is true?

(a) Mark must help the girl if he knows her;

(b) Mark must help the girl if he is the girl's uncle;

(c) Mark must help the girl no matter what;

(d) if Mark decides to help the girl, he has to see it through and perform the rescue as well as he can.

36. Cal sprayed pesticide on his crops in a very careful manner on a windless day.  Nevertheless, some of the pesticide fell on his neighbor's side of the fence and contaminated the corn meal for his chickens.  The chickens died and the neighbor sues.  What is the likely result?

(a) Cal is not liable because he was not negligent;

(b) Cal is not liable because of contributory negligence;

(c) Cal is liable because spraying pesticides is an inherently dangerous activity;

(d) Cal is not liable because his neighbor assumed the risk by putting his feed near the property line.

37. If a person's 150 pound sheep dog has a tendency to jump enthusiastically on visitors, the animal's owner would be liable for any damages caused by the dog's playful jumping on a person visiting her home.

38. Harold Homeowner doesn't like it when neighborhood kids cut across his yard at night.  He rigs an animal trap on the path the kids usually take when they cut across his property.  One night, one of the boys gets caught in the trap and is injured. 

(a) the child is a trespasser so Harold has no duty of care toward him;

(b) Harold has a right to set traps because he owns the property;

(c) Harold is not free to inflict intentional injury on a trespasser;

(d) none of the above.

39. Beavis' dog was usually kept in its yard by an "invisible fence" which gave the dog a shock if it crossed the invisible line.  One day Beavis inadvertently shut off the invisible fence.  Butthead was walking his dog down the street.  Beavis' dog ran out of its yard and attacked Butthead's dog, inflicting injuries that required expensive canine surgery.  Beavis' dog had never bitten before, but it did regularly growl, bark, snap and lunge at other dogs and children.  With respect to the injuries to Butthead's dog Beavis is

(a) not liable because he hadn't meant to turn off the invisible fence;

(b) not liable because his dog had never bitten anyone before;

(c) strictly liable;

(d) liable only for the cost of the food for Beavis' dog while it is recovering.

40. Sarah forgot to tie up her vicious dog and it bit Carl on the leg when he came to visit.  She took Carl to the hospital where the nurse applied a bandage that had been used by another patient.  Carl subsequently developed an infection from the dirty bandage and sued Sarah. 

(a) Sarah is liable in negligence for the infection;

(b) Sarah is not liable for the infection because Carl assumed that risk when he went to the hospital;

(c) Sarah is liable for the infection because it was proximately caused by the dog bite;

(d) Sarah is liable for the bite but not for the infection.

41. Courts will provide remedies in all but which of the following?

(a) a person refuses to return your book;

(b) a person refuses to push a child out of the way of an oncoming bus;

(c) a person pushes a man into the lake;

(d) a person does not drive carefully on a busy street.

42. A cause of action for trespass onto real property will exist only with respect to the surface of that property.

43. Even if a plaintiff can establish that the defendant has breached a duty of care which has proximately caused something to happen, there will be no recovery unless the plaintiff can prove she suffered some ____________________.

44. A licensee for purposes of tort law is a person invited upon land as a member of the public.

45. Paula accuses Dan of fraudulent misrepresentation. Normally, the reliance that gives rise to the fraudulent misrepresentation is based on a statement of

a. fact

b. opinion

c. fact or opinion

d. neither fact nor opinion

46. Which of the following are torts of misuse of the legal process?

a. slanderous prosecution

b. malicious prosecution

c. fraudulent misrepresentation

d. all of the above

47. Sal, a store clerk at The Really Big Tech Company, Inc., takes a computer from the store without Tech's permission. Sal is liable for conversion

a. if he damages the computer at his home

b. if he fails to prevent the theft of the computer from his home

c. under any circumstances

d. under no circumstance

48. An absolute privilege exists to protect which of the following defendants in a defamation lawsuit?

a. a movie star to his or her agent at lunch when they thought they were alone

b. Members of Congress

c. statements between a brother and sister

d. statements made by professors to their students in class

49. To commit an intentional tort, a person must act with an evil or harmful motive.

50. Kent does not like Brad and he especially dislikes Brad's new cowboy hat so he intentionally knocks if off of Brad's head to embarrass Brad. Brad is not injured, and his hat is unharmed, but Kent has still committed a battery

51. A high school teacher grew annoyed at a student who always fell asleep in her class. One day during class the student put his head on his desk, fell asleep and began snoring loudly. The teacher walked over to him, lifted his head by his hair, then let go. The student's head flopped forward and he hit his desk fact first, breaking his nose. His family sued the teacher for the intentional tort of battery. The teacher claims she is not liable for an intentional tort because she did not intend to hurt the student, only wake him up and teach him a lesson. She says it is the student's fault for falling asleep in the first place. You are the Judge. Whom do you decide for and why (use the language of tort law to explain your answer, paying particular attention to the issue of intent).