BA 200 Ch. 9 Word Scramble

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Question	Answer
A tort is a private wrong carrying criminal penalties	True
Slander is oral defamation.	True
A false statement that impeaches someone's honesty is defamatory.	True
Public figures must prove malice to establish a case of defamation against a newspaper.	True
In most states, letters of reference are exempt from liability for defamation.	True
Members of Congress enjoy an absolute privilege for their speech while on the floor.	True
The media have a qualified privilege in defamation cases.	True
The tort of contract interference requires knowledge of an existing contract between two parties.	True
the shopkeeper's privilege is a defense to false imprisonment if the detention is reasonable.	True
The case involving Robert Gadams illustrates that there can be legal liability for the content of letters of recommendation	True
For public figures the media has a qualified privilege.	True
All states provide some form of immunity for people who stop and help but make mistakes in offering their assistance.	True
Asking a buyer to break their existing contract with another supplier is tortious interference.	True
There are three invasion of privacy torts.	True
The use of someone's voice for commercial purposes without their permission is appropriation	True
The use of someone's photo for commercial purposes without their permission is appropriation.	True
The use of someone's photo for commercial purposes without their permission is invasion of privacy.	True
A newspaper photographer entering a delivery room and taking a picture of Julia Roberts delivering her twins has invaded her privacy.	True
Speeding is a breach of duty for negligence purposes.	True
The failure to follow industry code is a breach of duty.	True
Running a red light is a breach of duty for negligence purposes.	True
A breach of duty can still be established for negligence cases even when the defendant has complied with the law.	True
The purpose of causation is to tie the breach of duty to the resulting injury.	True
Contributory negligence, if established, is a complete defense to negligence.	True
Assumption of risk is a complete defense to negligence.	True
Assumption of risk is not a defense unless there was full information prior to the risk being assumed.	True
Comparative negligence reduces the plaintiff's recovery.	True
Contributory negligence is a complete defense to negligence.	True
Few states follow the doctrine of contributory negligence.	True
Employer privilege statutes are those that provide employers with defenses to defamation suits when they have shared information on former employees with prospective employers.	True
The duty of a reasonable person extends beyond statutory duties.	True
To establish assumption of risk, the defendant must show that the plaintiff was aware of the risk and accepted it voluntarily.	True
Writing a glowing letter of recommendation for someone in your organization who was accused of misconduct without mention of the charges can result in liability.	True
HIPAA is a federal law for medical privacy.	True
Britney Spears is an example of a public figure for purposes of proving malice.	True
Opinion commentary is not defamation.	True
The employer privilege statutes provide employers with some defenses for candor in references.	True
The reasonable person standard is the standard of duty for purposes of establishing negligence.	True
A witness in a high profile criminal trial is a public figure.	True
Posting false information about a person to an Internet blog would be publication.	True
Opinion and analysis of a person’s conduct are not defamation if the underlying facts are correct.	True
A screensaver program that uses the likeness of a person is commercial appropriation.	True
Which of the following statements would qualify for a defamation action (assuming the statement is false)?	"He pled guilty to a violation of campaign contribution laws."
How many people must have heard or read a statement for there to be publication for purposes of defamation?	One
Which of the following would not be classified as libel?	a true statement
Public figures:	must establish malice in order to recover damages for defamation
Contract interference:	requires proof of intent to interfere
A-Plus Linens sent the following notice to John C. Lincoln Hospital: "We'll pay you. Drop your current linen service and we'll give you $5 for every 100 pounds of linen you send our way." The notice sent by A-plus:	is contract interference.
Suppose A-Plus Linens sent the following notice to John C. Lincoln Hospital: "On your next call for bids, call us. We'll give you a $5 discount for every 100 pounds of linen we clean for you." The notice sent by A-Plus:	none of the above
If a defendant in a defamation suit holds a qualified privilege:	the plaintiff will be required to prove additional elements to recover.
The tort of false imprisonment:	is also known as the "shopkeeper's tort."
The tort of intentional infliction of emotional distress:	requires proof of conduct that exceeds all bounds of decency.
Which of the following is not an element of negligence?	reckless disregard
Which of the following defenses to negligence serves as a complete bar to recovery?	contributory negligence
Which of the following statements best describes the property protection given a singer's voice?	The voice is given the same protection as the face or likeness.
The distinguishing element between intentional torts and negligent torts is:	intent.
The statement "All used-car dealers are crooks" is:	not defamation.
Which of the following does not enjoy an absolute privilege to charges of defamation?	newspaper reporting witness testimony from a trial
The shopkeeper's privilege applies:	even if the shopkeeper made a good-faith mistake.
A local liquor store posts the checks of customers that are returned from the bank. The store manager says the public display of the checks is a good way to deter other bad-check writers. The display of the checks is:	an invasion of privacy.
This term is given to witnesses who do nothing while a crime is being committed out of fear, apathy, or a mistaken belief that someone else will help the victim.	Bystander effect
Punitive damages are:	often awarded in cases of contract interference.
Which of the following is not an intentional tort?	strict tort liability
In Van Horn v. Watson, the court concluded that in California the Good Samaritan laws:	apply to anyone offering medical care in good faith at the scene of a medical emergency.
Proximate cause:	was established in the Palsgraf case.
The "But for" test:	is the test for causation.
states provide a qualified privilege for letters of recommendation.	Nearly all
Which of the following constitutes a defamatory statement (assuming the statements are untrue)?	"He was dismissed for embezzlement from his last job."
A retail store	owes its customers duties as invitees.
Keller has applied for a position at a summer camp for girls, ages 14-18. The camp director had called Radical Board's manager and asked for a reference on Keller.	none of the above
With reference to #s 33, 34, and 35, Radical Boards:	has no liability for the subsequent acts of terminated employees.
Which of the following is/are HIPAA requirements?	Patient right of access to records.
Which of the following is prohibited under HIPAA?	all of the above
On a radio talk show, the host said, “That no-good felon, O.J. Simpson.” Mr. Simpson has never been convicted of a felony.	a. The talk show host has defamed Mr. Simpson. c. The talk show host enjoys the media qualified privilege.
Which of the following have an absolute privilege against defamation for their speech?	a senator while speaking on the floor of the Senate
Whistle-blowers may have some statutory protection by receiving a(n):	qualified privilege.

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