Reference no: EM133211480

Question 1.

In awarding punitive damages, a court must consider the

a. reprehensibility of the defendant's conduct and whether punitive damages have been awarded by the court recently.

b. ratio between the harm suffered and the award and whether the parties are in federal or state court.

c. reprehensibility of the defendant's conduct, the ratio between the harm suffered and the award, and the difference between the punitive award and any civil penalties used in similar cases.

d. difference between the punitive award and any civil penalties used in similar cases as well as any compensatory damages awarded.

Question 2.

Jennifer is speeding, and Mateo has run a stop sign when their cars collide at an intersection. Jennifer is injured and sues Mateo. If the state where the accident occurred follows comparative negligence, Jennifer is entitled to

a. damages reduced by the amount of her own negligence.

b. nothing.

c. the full amount of her damages.

d. the full amount of her personal injury damages only.

Question 3.

Javier told his manager, Lana, that a coworker, Diane, had been in prison for theft. Lana checked into the matter, and when she learned that Diane had served time in prison for theft, she fired her. Javier is

a. liable to Diane for defamation

b. liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history.

c. liable to Diane for defamation only if she is a public figure.

d. not liable to Diane for defamation.

Question 4.

Sloane tells Eden that Brad is a horrible son to his mother. Brad sues for defamation even though he suffered no injury. Brad will

a. win because this is libel per se.

b. lose because he needs to file a private complaint with the county attorney first.

c. win because this is slander per se. (this is not a correct answer)

d. lose because he will not be able to prove an injury.