Mgmt 200 Final Exam || A+ GRADED SOLUTIONS.
types of torts correct answers intentional, based on negligence, and strict liability
tortfeasor correct answers someone accused of a tort, can be more than one
negligence per se correct answers failure to comply with the requirements of coming to court
for a summons, goes straight to damages
duty of care correct answers ordinary care expected of someone
foreseeability correct answers we don't hold someone accountable for something they
couldn't at all predict, like Eisenhower, cars, and global warming
sin qua non correct answers would the injury have occurred "but for" the defendant's conduct,
means "most important element"
res ipsa loquitur correct answers "the thing speaks for itself", jury can find defendant liable
because event wouldn't have happened without negligence (airplane crash)
assumption of risk correct answers if you put yourself in a dangerous situation, you're
responsible
comparative negligence correct answers when you decide the % someone is liable
premise liability correct answers owners of land still owe duty to trespassers (no spring guns,
must warn man-made risks, but don't have to warn of natural conditions), customers of
business are invitees (wet floor signs)
assault correct answers both tort and crime, different burdens of proof if civil/criminal, can be
tried twice
intentional torts against property correct answers trespass to realty (using land w/o
permission), trespass to personality (using property), and conversion (theft)
RIAA music theft correct answers came after college students for illegally downloading by
contacting and threatening school
false imprisonment/wrongful arrest correct answers usually by force or coercion, merchants
who wrongly stop shoplifters can get sued
invasion of privacy correct answers appropriation (using likeness without permission, using
name as endorsement), intrusion into solitude (wiretap), false light (publishing
misinformation), public disclosure of private facts, defamation
defamation correct answers libel (written) and slander (spoken)
defamation per se correct answers plaintiff doesn't need to prove they were injured, like
allegations of criminal conduct
, Dr. Jeffrey Wiegard correct answers 60 minutes and tobacco story, breach of contract
animal liability correct answers wild animals=strict liability
domestic=one free bite rule
caveat emptor correct answers let the buyer beware, old way; not we protect customers
strict product liability correct answers 1. defective at sale (manufacturing or design)
2. or defective because inadequate instructions or warnings
not liable if used for wrong purpose
defenses to product liablity correct answers product misuse, assumption of risk, smart user,
federal preemption, statute of repose, state of art defense
vaccine court correct answers can't sue for vaccine reactions, co doesn't make much money
and we want inoculation, pay a little fee into pool to pay off victims
compensatory damages correct answers actual damages; special damages (out of pocket
costs) and general (pain and suffering)
nominal damages correct answers attorney fees
punitive damages correct answers punishing of tortfeasor to make them blamewrothy
easement correct answers permanent (or for a duration of time) right to do something
trademarks correct answers stealing distinctive marks, words, designs, pictures, or
arrangements used by producer to identify product to user
Federal Trademark Dilution Act correct answers strengthened Federal protections to avoid
businesses that lessen the value of a similar trademark
types of trademarks correct answers product (symbol for BMW), service marks, collective
marks (Made in the USA), certification (Good Housekeeping)
trade secrets correct answers process, product, method of operation, or compilation of
information that's not public and used for competitive advantage
patents correct answers protect novel, useful, and non-obvious products, processes,
inventions, machines, and asexually reproducing plants; better than trade secrets
to be copyright correct answers 1. idea must be fixed
2. original
3. creative
4. carry appropriate notice
5. be registered
fair use doctrine correct answers can use copyrighted work and reproduce for "criticism,
comment, news, teaching, scholarship, and research"
