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ch6 - Ch.6 Quiz Instructions Please read the questions...

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Ch.6 Quiz Instructions Please read the questions carefully. This assessment is worth 100 points. 1. The burden of proof in a tort case is a preponderance of the evidence. (5 points) True False 2. If a defendant is liable in tort, he cannot be criminally prosecuted for the wrongful behavior that made him liable in tort. (5 points) True False 3. While driving his new four-wheel drive vehicle at a high speed through a muddy field at the county fair, Joe runs into Susan. Joe wasn't trying to hit anyone and wasn't substantially certain that this would happen either. Rather, he was just having a good time. Of course, Joe knew and had to know that this behavior carried with it a high risk of harm to someone. Joe's behavior is best described as reckless. (5 points) True False 4. Defamation liability requires publication of the defamatory statement to an appreciable number of people. (5 points) True False 5. In an invasion of privacy suit involving the public disclosure of private facts, the defendant will escape liability if the facts he disclosed were true. (5 points) True False 6. Public figure Pam sues a newspaper for defamation based on statements regarding her stand on a public issue. Pam must prove the newspaper's ?actual malice? in order to recover any damages. (5 points) True False 7. There is no tort liability for fraud or deceit where the defendant did not actively make a false statement, but instead merely failed to disclose something. (5 points)
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True False 8. One distinction between nuisance and trespass to land is that trespass to land involves intrusions by human beings, while nuisance involves intrusions by other forces.
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