Question

QUESTION 10

1. Which of the following is necessary for information to constitute a trade secret?

   	A.	It must be very important to a business.
   	B.	It must be maintained as confidential.
   	C.	It must have been used by the business for a minimum of five years.
   	D.	Two of the above.
   	E.	All of the above.

1 points   

QUESTION 11

1. Medic Corporation is in the business of selling pills to relieve pain. The pills compete with Tylenol. Poison was discovered in Tylenol capsules and several people were killed. Medic Corporation's president, in an advertisement, advised the public not to purchase Tylenol because some of the capsules had been poisoned. This is an example of:

   	A.	battery.
   	B.	battery.
   	C.	Disparagement of product.
   	D.	None of the above.

1 points   

QUESTION 12

1. Shaun contracted with Loftus to buy 500 rare books at $100 each. Thereafter Shaun refused to accept delivery. Loftus was forced to sell the books to Burns for $90 each. What is Loftus entitled to as damages for breach of contract?

   	A.	Loftus is entitled to sue Shaun for $10 per book.
   	B.	Loftus is entitled to sue Shaun for $100 a book.
   	C.	Loftus is not entitled to any damages because he was able to sell the books to someone else.

1 points   

QUESTION 13

1. Cristy wants to commence a lawsuit for $30,000.00 for the tort of false arrest/imprisonment. What facts must Cristy establish? A. That the defendant made false statements about her to a third person. B. That the defendant confined her in some way or otherwise restricted her movement without authority. C. The defendant intentionally caused her physical injury. D. The defendant used her picture for business purposes without Cristy's permission.

   	A.	That the defendant made false statements about her to a third person.
   	B.	That the defendant confined her in some way or otherwise restricted her movement without authority.
   	C.	The defendant intentionally caused her physical injury.
   	D.	The defendant used her picture for business purposes without Cristy's permission.

1 points   

QUESTION 14

1. 14. While Sally was looking around at Zainy Brainy (a toy store across from Pittsford Plaza., a photographer for the store took a picture of her. The picture was used by Zainy Brainy in advertisements. Sally never gave permission for such use. Has Zainy Brainy committed a tort?

   	A.	Yes, negligent infliction of emotional stress.
   	B.	Yes, invasion of privacy.
   	C.	Yes, negligence.
   	D.	No, the law permits such use of a photograph without liability.

1 points   

QUESTION 15

1. A store customer had one beer too many and was not watching where she was walking. The store had not repaired a hole in the steps. The customer caught her heel in the hole and was injured. At the trial it was determined that the customer was 40% responsible for the accident. She would be entitled to collect which of the following from the store?

   	A.	60% of her damages.
   	B.	40% of her damages.
   	C.	100% of her damages.
   	D.	Nothing because she was negligent.

1 points   

QUESTION 16

1. Bob and Carol load and unload trucks that transport fruit and other food items. One day while they were working on a load of boxed pineapples, one of the boxes accidentally slipped from Bob's hand and landed on Carol's foot. Which of the following is correct?

   	A.	Bob committed the tort of battery.
   	B.	Bob committed the tort of assault.
   	C.	Bob did not commit the tort of assault or battery.

1 points   

QUESTION 17

1. Concerning Bob and Carol from the previous question, assume Carol became upset that pineapples landed on her foot so she picked up a pineapple and threatened to throw it at Bob. As a result he became frightened for his safety. Which of the following is true?

   	A.	Carol committed the tort of battery.
   	B.	Carol committed the tort of assault.
   	C.	Carol did not commit the tort of assault or battery.

1 points   

QUESTION 18

1. An event at the Lilac Festival involved judging and grading lilac arrangements. For a fee, contestants could enter lilacs bouquets. An award of money went to the prettiest arrangement. Is this illegal gambling?

   	A.	Yes.
   	B.	No.

1 points   

QUESTION 19

1. The burden of proof in a tort case is which of the following?

   	A.	Beyond a reasonable doubt.
   	B.	Clear and convincing.
   	C.	Preponderance of the evidence.

1 points   

QUESTION 20

1. Which of the following is NOT a defense to assault?

   	A.	Truth
   	B.	Self-defense
   	C.	Consent was given
   	D.	The act was not intentional

1 points   

QUESTION 21

1. Bill, a store clerk at Techno Computers, took a computer from the store without Techno's permission. Is Bill liable for the tort of conversion?

   	A.	Yes
   	B.	No

1 points   

QUESTION 22

1. Which of the following is not a source of our law?

   	A.	The constitution.
   	B.	Congress
   	C.	Regulations adopted by the Food and Drug Administration
   	D.	Judges
   	E.	All of the above are sources of our law.

1 points   

QUESTION 23

1. Which of the following describe functions of a judge?

   	A.	Determine if a statute is unconstitutional
   	B.	Follow precedents unless circumstances have changed
   	C.	Arrest defendants
   	D.	A and B only
   	E.	All of the above.

1 points   

QUESTION 24

1. Shamar intentionally caused physical injury to Sarah. Shamar lives in Rochester, New York; Sarah lives in Corning, New York. Sarah’s doctor bills were $82,000. If Sarah sues Shamar for $82,000, can she bring the action in federal court?

   	A.	Yes because the amount in controversy is sufficient for federal jurisdiction.
   	B.	Yes because diversity of citizenship exists.
   	C.	No because the amount in controversy is insufficient.
   	D.	No because diversity of citizenship does not exist.
   	E.	Two of the above.

1 points   

QUESTION 25

1. Which court has general original jurisdiction?

   	A.	County court
   	B.	Surrogate’s Court
   	C.	Court of Claims
   	D.	All of the above
   	E.	None of the above

1 points   

Answer 1

Answer)

10)Two of the above. Option D is correct.

11)Disparagement of product. Option C is correct.

12)

B.

Shawn can be sued by Loftus for $100 a book.

Option B is correct.

13)The defendant intentionally caused her physical injury. Option C is correct.

14)Yes, invasion of privacy.Option B is correct.

15) Nothing because she was negligent.

16)Bob did not commit the tort of assault or battery.

17)Carol did not commit the tort of assault or battery.

18)No

19)Clear And Convincing

20)The act was not intentional.

21)Yes.

22) Option E

23)A & B only.

24)Yes because the amount in controversy is sufficient for federal jurisdiction.

25)All Of The Above.

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