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Exam 6: Criminal Law and Business

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Question 21

True/False

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Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.

A) True
B) False

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Question 22

Multiple Choice

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Assume Bob is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process. Which of the following is true?

A) The student can recover upon a showing of injury. Nothing else is required.
B) The student may recover only if the student can show that the student was in the marked crosswalk.
C) It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care.
D) The student can recover only if it can be shown that Bob had insurance.
E) The student can recover only if the student can establish that the student did not have any medical insurance.

F) A) and C)
G) A) and B)

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Question 23

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Which of the following is the determination that the defendant's breach of duty resulted directly in the plaintiff's injury?

Reference - Pet Police. Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors take offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back. Millie's action in jabbing Bernard after she missed his nose, constitutes which of the following?

The Communications Decency Act gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others.

Which of the following is a condition required for the imposition of strict liability?

Which of the following is sometimes referred to as "but-for" causation?

Reference - Chewer. The state in which Susan lives has a statute prohibiting dogs running at large. All dogs are required to be on a leash whenever they are off the owner's premises. Susan's dog, while not on a leash, visits the home of a neighbor down the street. While there, the dog carries off an expensive pair of shoes belonging to Robert. The shoes are chewed and destroyed. A neighbor informed Robert of what had happened. Robert commented that he never should have left his $300 shoes lying on the deck in the first place but that he expects to be repaid by Susan. Robert found out that the dog had carried away a number of shoes and other articles in the neighborhood, chewing them to pieces. Susan did nothing to warn anyone. Robert thinks that she should be punished for her activities which would perhaps deter her from allowing the dog to run loose. Upon which of the following theories will Robert likely rely in seeking recovery for the shoes against Susan?

Courts usually award punitive damages in cases in which the offender has committed _________.

Which of the following types of damages is intended to reimburse a plaintiff for his or her losses?

Reference - Cat Chaser. Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides that she wants to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake. William is unhappy about the whole situation and wants to sue. What claim would William have against Annette for taking the lawn chair?

Which of the following would typically be public figures for purposes of the public figure privilege to actions for defamation?

Actual cause is also known as _________.

More than half the states remain contributory negligence states.

Reference - Hair Stylist Woes. Maryann went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. As far as the statements made to her friends are concerned, which of the following is true in regards to Maryann's statement that Candy cannot recover because Candy has not suffered a loss of income?

Which of the following are common classifications of torts?

While crossing the street, Bobby does not go to a crosswalk but proceeds to illegally cross the street without even checking to see if any vehicles are coming. Slick sees Bobby in the street, notices that he is not in the crosswalk, and proceeds to hit Bobby with his vehicle because he believes that Bobby should be taught a lesson about how to cross the street. Slick does slow down somewhat and only causes Bobby some significant bruising, but Bobby is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?

In most states, proximate cause is determined by __________.

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

Reference - Pet Police. Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors take offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back. Assuming that Millie sues Sally, what would be the most likely result at trial?