CLEARLY CIRCLE THE LETTER WHICH INDICATES THE BEST ANSWER FOR THE PROBLEM.
1. In a negligence case, the plaintiff must establish: d
a.
duty, strict liability, causation, and injury.
b.
mens rea, breach, foreseeable harm, and injury.
c.
duty, actus reus, foreseeable harm, and causation.
d.
duty of due care, breach, causation, foreseeable harm, and injury.
2. The elements in a defamation case are: a
a.
defamatory statement; falseness; communication; and injury.
b.
a contract; knowledge of the contract; improper inducement; injury.
c.
false or misleading fact statements; statements in commercial advertising; and likelihood of harm.
d.
duty; breach of duty; proximate causation; and damages.
3. A national magazine published an article about a famous television star. The television personality is upset because the information contained in the story is not correct. If the actress sues the magazine, she will need to show that: b
a.
the magazine has a history of being "reckless" with facts on a regular basis.
b.
the magazine either knew the story was false or acted with reckless disregard of the facts.
c.
the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed.
d.
the magazine could have discovered that the story was false but failed to do so.
4. Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of emotional distress? a
a.
Yes, as his extreme and outrageous