Question

31) 32) 34) If someone is overly fearful, is that person assaulted every time he experiences apprehension? A) Yes, because it is necessary to take a person's level of fear into account when interacting with that person. B) Yes, because assault is judged on the basis of the victim's level of apprehension only. C) No, because assault requires unwanted physical contact. D) Yes, because assault only requires apprehension regardless of whether it is reasonable. E) No, because assault requires reasonable apprehension. A reporter receives information from several highly credible sources that a famous actress is pregnant and that the father of the baby is not her husband. The story is later proved untrue. The actress sues for defamation. Is she likely to be successful? A) No, because the allegations would be unlikely to damage a person's reputation. B) Yes, because pregnancy is a private matter even for public figures. C) No, because the reporter did not act with actual malice. D) Yes, because the printed story would be likely to damage the reputation of the actress. E) Yes, because the printed story turned out to be untrue. Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed? A) Psychological infliction of distress. B) Intentional infliction of emotional distress. C) Negligent infliction of emotional distress D) Intentional infliction of strict liability distress E) Reckless invasion of solitude. Claudio, who has never had prior health issues, suddenly has a heart attack while driving. He runs over a student who is crossing the street, breaking her leg. Which of the following is true? A) The student can recover in an action for negligence only if it can be shown that Bob had insurance B) The student can recover only if the student can establish that the student did not have any medical insurance. C) The student may recover only if the student can show that the student was in the marked crosswalk. D) The student can recover upon a showing of injury. Nothing else is required. E) It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care 35) Which of the following is not a consideration when courts attempt to determine whether a reasonable person would have owed a duty of care to others? A) The intent of the defendant to cause the harm experienced by the plaintiff. B) The likelihood of harm. C) How socially beneficial the defendant's conduct was which posed the risk of harm D) The severity of the harm. E) The costs which would have been necessary to reduce the risk of harm. 36) Oskar feels that his dentist caused nerve damage to his teeth and tongue during a recent visit because Oskar's tongue is still numb ten days after his visit and his tooth fell out. Because Oskar feels he suffered damages as a result of his dentist's breach of her duty of care, Oskar can bring a negligence case against the dentist based on A) criminal misconduct B) mistake C) malpractice D) workplace mishap E) malfeasance

Answer 1

31) B - Yes, because assault is judged on the basis of victims level of apprehension only.

32) D - Yes, because printed story would be likely to damage the reputation of actress

33)B - Intentional Infliction of emotional distress

34)D - The student can recover upon showing a injury nothing is required

35)A - The intent of the defendant to cause the harm experienced by plaintiff

36)D - Workplace mishap