Quiz 6

Question 1

libel

Answer 1

written defamation

Question 2

trade secrets

Answer 2

the defense of “reverse engineering”

Question 3

nuisance

Answer 3

requires violation of local law

Question 4

false imprisonment

Answer 4

the defense of “merchant detainer”

Question 5

slander

Answer 5

dr. phil falsely calls you a criminal on his tv show

Question 6

invasion of privacy

Answer 6

forfeited by persons in the public eye

Question 7

spoliation

Answer 7

shredding of valuable documents

Question 8

patents

Answer 8

protects your invention

Question 9

identity theft

Answer 9

improper charges to your credit card

Question 10

copyrights

Answer 10

protects your creative works

Question 11

abuse of process

Answer 11

protects against sham lawsuits

Question 12

trademarks

Answer 12

protects your product’s look and logo

Question 13

assault

Answer 13

the earliest non-impact tort

Question 14

conversion

Answer 14

defendant steals your laptop

Question 15

unfair competition

Answer 15

the defendant is guilty of “palming off”

Question 16

trespass

Answer 16

defendant dumps his garbage on your land

Question 17

battery

Answer 17

defendant pushes you from behind

Question 18

a right of publicity

Answer 18

you are a famous singer whose voice is copied in an ad

Question 19

emotional distress

Answer 19

requires outrageous conduct

Question 20

professional malpractice of doctors, lawyers, accountants is the tort of _______

Answer 20

negligance

Question 21

agency law is based upon ____ liability

Answer 21

indirect liability

Question 22

true or false: employees are always agents

Answer 22

true

Question 23

list 3 types of agents

Answer 23

1. insurance
2. sports
3. consultation

Question 24

_____ authority is your GM contracting for emergency plumbing

Answer 24

implied authority

Question 25

the class example of your Gm selling a customer a recalled computer illustrated ______ authority.

Answer 25

apparent authority

Question 26

list 4 factors that indicate independent contractor status

Answer 26

1. specialized work 2. contract says independent contract 3. works on per job basis 4. not salary based

Question 27

true or false: as a general rule, the agent is personally liable for his authorized contracts

Answer 27

false

Question 28

true or false: as a general rule, the agent is personally liable for his torts.

Answer 28

true

Question 29

as a general rule, the principal is persoanlly liable for the torts of his agent if ________

Answer 29

the agent committed the tort within the scope of employment

Question 30

true or false: in negligent torts, as a general rule, coming and going is within the scope of employment.

Answer 30

false

Question 31

true or false: in negligent torts, as a general rule, frolic and detour is outside the scope of employment

Answer 31

true

Question 32

in intentional torts, as a general rule, the principle ___ liable under the ______ legal test

Answer 32

is | work related