Practice questions Flashcards

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1
Q

What is the main difference between an assault and a battery?

A

Assault is an attempt of harming
Battery is the contact against a person without their consent

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2
Q

Which of the following refers to a written defamatory statement?

A. Slander
B. Libel
C. Actual malice
D. Intentional infliction of emotional distress

A

Libel

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3
Q

Which of the following is true regarding false imprisonment

A. The defendant must inflict negligent distress.
B._ There must be intentional confinement of another or appreciable amount of times.

C. the defendant must have attempted a harmful or offensive contact
D. the defendant made an untrue assertion of fact concerning another.

A

B. There must be intentional confinement of another or appreciable amount of time.

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4
Q

Intentional infliction of emotional distress requires that the conduct be _____

A

extreme or outrageous

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5
Q

After joseph was sued for negligence in a car accident, he claimed in his defense that
the plaintiff contributed to her own injuries in causing the accident,

What is the name of the defense which most states follow?

A

Comparative negligence

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6
Q

Assume that the plaintiff is seeking 100,000,00 in damages and is 15% negligent.
How Will the plaintiff recover if the state follows the majority rule?

A

Comparative damages

15,000

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7
Q

Lily signed a contract for an apartment lease. All of the terms of the contract were
explicitly. A written apartment lease is an example of which type of contract?

A

Express contract, where all of the terms are stated.

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8
Q

An advertisement is usually treated as an offer. True or false?

A

False

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9
Q

Debbie’s diner offered a promotion. If a customer bought 10 deluxe dinners and
had their card stamped tio evidence the purchases. The customer would earn the 11th deluxe dinner free.

Penny had brought ten deluxe dinners and had her card stomper 10 times,
would she be eligible for the 11th dinner free

What type of contract is this?

A

Yes

This is a unilateral contract offer, and she accepted it by performing the act of buying ten
Deluxe dinners.

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