WorkfileContents.docx Question 1 A company that makes a commercial with a person who does an excellent, realistic job of pretending to be a famous movie star could be sued by the real actor for the tort of: Selected Answer: none of the above, since public figures are often imitated by other actors. Answers: intrusion. defamation. commercial exploitation. none of the above, since public figures are often imitated by other actors. Question 2 A defendant who engages in setting off fireworks at a fully licensed Fourth of July show is liable for harm that results from the activity only if the plaintiff proves the harm was foreseeable. Selected Answer: Fals e Answers: Tru e Fals e Question 3 A national magazine published an article about a famous television star. The television personality is upset because the information contained in the story is not correct. If the actress sues the magazine: Selected Answer: she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts. Answers: she will need to show that the magazine has a history of being "reckless" with facts on a regular basis. she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts. she will need to show that the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed. she will need to show that the magazine could have discovered that the story was false but failed to do so. Question 4 A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably. Which of the following is most likely to help the
WorkfileContents.docx plaintiff? Selected Answer: Res ipsa loquitur. Answers: Res judicata. Stare decisis. Res ipsa loquitur. Mens rea. Question 5 A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse. In most states, Braybon's would be able to detain the customer for suspicion of shoplifting. Selected Answer: Tru e Answers: Tru e Fals e Question 6 A sports fan, injured by a hockey puck that flew into the stands during an NHL game, would be subject to the defense of assumption of the risk in a suit to recover for her injuries. Selected Answer: Tru e Answers: Tru e Fals e Question 7 Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct?
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- Spring '14