4) A medical doctor who amputates the wrong arm may be held liable for which of the following?
a. medical malpractice
b. an intentional tort
c. strict liability
d. wrongful amputation
e. breach of contract
8) Jeff was in a department store standing near a clothing rack. Store security felt that he was
acting suspiciously because he was standing close to the clothing rack and looking around. Soon
after, store security notices that he quickly attempts to leave the store. Does store security have a
right to stop and search Jeff according to these facts?
a. Yes; shopkeepers have a privilege to protect against theft and loss. In this case, the
store security would have reasonable grounds for a stop and search.
b. No; shopkeepers have no right to stop and search a suspected thief, absent any video
c. No; the facts of this situation do not provide reasonable grounds for a stop and search.
Any attempt to do so by store security could result in a claim of false imprisonment.
d. No; the facts of this situation do not provide reasonable grounds for a stop and search.
Any attempt to do so by store security could result in a claim of battery.
9) A reporter appears on television and reports that a collegiate athlete is currently using steroids.
The reporter has a sincere belief that the information is true. Subsequently, it is determined that
the information is false and inaccurate. If the athlete files a lawsuit, most courts would find which
of the following?
a. The reporter is not liable for the statements because of the sincerely held belief on
behalf of the reporter.
b. The reporter is not liable because the athlete is considered a public figure.
c. The reporter is liable for a claim of slander.
d. The reporter is liable for a claim of libel.
14) Which of the following would be a supervening event from the standpoint of a car
manufacturer that has been sued in strict liability for an injury caused by one of its cars?
a. A redesign of the particular model car such that the ones being currently manufactured
do not have the defect which led to the injury.
b. A recall notice sent to the car owner which was ignored.
c. An enactment, after the date of the injury, of a new safety regulation that would have
prevented the injury.
d. The fact that the defect was caused by the car dealer when the car dealer was installing
accessories for the purchaser.
15) Sean has a 6-year-old car which he bought 2 years ago directly from its original owner. Eight
months ago he received a recall notice about a safety problem with the brakes. He never responded
to the notice. Yesterday Sean was driving when the brakes failed and caused him to strike and
injure a pedestrian. Which of the following is true in lawsuits against the car’s manufacturer?
a. The pedestrian cannot recover due to the fact that the pedestrian was not using the car.
b. Sean can recover despite having received the recall notice.
c. The pedestrian cannot recover because the correction of a defect defense will apply
even though Sean did not take the car in for the repair.
d. Neither party can recover if Sean’s car was one of only a few of these cars that actually
had a brake defect.
e. The pedestrian could not recover due to assumption of the risk
22) In a criminal trial, which of the following is true?
a. To be guilty, the defendant must have had a criminal intent at the time of the crime.
b. The accused is presumed guilty once an indictment has been issued.
c. The government must prove that the accused is guilty beyond all possible doubt.
d. At the trial, the grand jury listens to evidence to determine guilt or innocence.
23) Which of the following steps of a criminal case are listed in the correct order?
a. arraignment, arrest, trial, indictment
b. arrest, indictment, arraignment, trial
c. indictment, arraignment, arrest, trial
d. arrest, arraignment, indictment, trial
e. arrest, indictment, trial, arraignment
24) Which of the following is true about a hung jury in a criminal case?
a. Because it means that the jury did not find guilt beyond a reasonable doubt, it has the
same result as if the jury had issued a verdict of not guilty.
b. It will automatically result in a new trial conducted before the same judge.
c. It will automatically result in a new trial, although it may be conducted before a
d. It will allow another trial of the defendant to be held, which the state might or might not
choose to actually prosecute.
25) The Miranda decision requires that a criminal suspect be notified of the following EXCEPT:
a. the right to a trial by jury
b. the right to have a lawyer present during interrogation
c. the fact that anything the suspect says may be used against the suspect
d. the right of the suspect to remain silent
e. the right to have an attorney appointed if the suspect cannot afford one