104. A retail store:
a. has no duty to protect customers from criminal conduct by third parties.
b. owes its customers duties as licensees.
c. owes its customers duties as invitees.
d. need not protect its customers against problems it has knowledge of.
105. James Keller was an employee at Radical Boards, Inc. Radical Boards is a surf and skateboard shop that also sells
clothing. While employed there, Radical Board‘s principal shareholder discovered that Keller had created peep
holes in the shop‘s dressing rooms. When confronted with the peep holes, Keller denied every using them and
indicated that they were there to prevent shoplifting. The shop manager was told to fire Keller. Shortly after Keller
left, a 16-year-old and her mother filed suit because the teen learned, through conversations with Keller, that he had
seen her in the dressing room while she was trying on swimming suits. Keller was able to describe her not–
generally-seen birthmarks to her. Radical Boards:
a. cannot be held liable to the teen and her mother because it did engage in the conduct.
b. could be held liable under a theory of negligent failure to supervise.
c. is no longer liable because it terminated Keller.
d. has not committed any tort because watching customers in dressing rooms in part of a merchant’s right.
e. none of the above
106. 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.
a. Radical Board has no liability if it simply verifies Keller‘s employment there.
b. Radical Board has liability for its failure to prosecute Keller.
c. Radical Board has no liability for the actions of employees beyond their job description.
d. Radical Board enjoys a privilege against defamation if it discloses the peep hole story.
e. none of the above
107. With reference to #s 105 and 106, suppose that Radical Board’s manager simply verifies employment for the camp
director. During Keller’s first month at the camp, he is able to gain access to the girls at night and sexually assaults
3 of them. The girls’ parents have brought suit against the camp as well as Radical Boards. The camp:
a. is not liable for the criminal conduct of employees that was not authorized.
b. might be liable for negligent hiring.
c. has no liability for conduct of employees after hours.
d. both a and d
e. none of the above
108. With reference to #s 105, 106, and 107, Radical Boards:
a. has no liability to the girls or their parents.
b. enjoys an employer privilege and immunity against such litigation.
c. might be held liable for the negligent failure to disclose Keller‘s history.
d. has no liability for the subsequent acts of terminated employees.
e. none of the above
109. Which of the following is/are HIPAA requirements?
a. No computer use for health care information transmittal.
b. Patient right of access to records.
c. Use only of postcards for communication.
d. a, b and c
110. Which of the following is prohibited under HIPAA?
a. Patients’ right to restrict disclosure and discussion of a hospital stay.
b. A computer screen in a doctor’s office turned toward the waiting room.
c. Calling a patient at work who has requested no calls there.
d. all of the above
111. 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.
b. Because most people believe Mr. Simpson to be a murderer, there is no defamation.
c. The talk show host enjoys the media qualified privilege.
d. both a and c
112. Which of the following have an absolute privilege against defamation for their speech?
a. a senator while speaking on the floor of the Senate
b. a newspaper
c. neither a nor b
d. both a and b
113. Whistle-blowers may have some statutory protection by receiving a(n):
a. qualified privilege.
b. absolute privilege.
c. absolute immunity.
d. unqualified privilege.
114. The Arizona Daily Desert View carried a story on a recent E-Coli problem in a Phoenix fast food restaurant. The
story included a history of Arizona E–Coli incidents and indicated that the Saguaro Grill had an E–Coli problem in
1999 that resulted in the hospitalization of seven customers. Suppose that the restaurant that had the E-Coli
outbreak in 1999 was Saguaro Buffet, not the Saguaro Grill. The Arizona Daily Desert View:
a. is liable to the Saguaro Grill for libel.
b. is liable to the Saguaro Grill for defamation.
c. is liable to the Saguaro Grill for invasion of privacy.
d. none of the above.
115. Representative Pete Stark said the following in a speech on the floor of the U.S. House of Representatives,
“You’re going to spend it to blow up innocent people if we can get enough kids to grow old enough for you to send
to Iraq to get their heads blown off for the president’s amusement.” Representative Stark:
a. is protected from defamation liability because of the privilege for elected officials.
b. is liable to the president for defamation because the statement was not related to government issues.
c. is not liable for defamation because of the public figure privilege.
d. both a and c
116. In an opinion column published in wallstreetbuzz.com, a columnist wrote, “James Jackson, CEO of Blain
Investments, now posting an $8 billion write–down, has robbed shareholders blind through his accounting slights of
hand. Jackson insists that he has scruples. I don’t know about that but if he does have scruples you can bet they
belong to somebody else.” The columnist:
a. has committed the tort of libel.
b. is protected from defamation liability under the opinion/analysis quasi-privilege.
c. cannot be protected from defamation liability by the opinion/analysis privilege if the statement was published.
d. none of the above
117. John Reisen posted the following message in a chat room, ” MIC Corporation will have to restate its earnings for
the past 3 years. Its CEO will resign in disgrace because he is responsible.” The message is false and MIC
Corporation’s shares lose 45% of their value before the company can stop the rumor.
a. Reisen has committed the tort of defamation.
b. Reisen has not committed the tort of defamation because there is no publication.
c. Reisen has not committed defamation because there are no damages to the company, only the shareholders.
d. both b and c
e. none of the above
118. Rex Crim is an International Harvester dealer from Henderson, Texas. At the request and expense of International
Harvester, Crim traveled to Phoenix, Arizona, for purposes of the demonstration of a new vehicle called the
International Scout, designed to compete against the Jeep. Crim went to the proving grounds in the desert around
Phoenix and spent a day watching the vehicle demonstrations. Crim and other dealers drove the vehicles and much
dust resulted from their driving. A few weeks later Crim became ill with flu-like symptoms. He was finally
diagnosed as having coccidioidomycosis or “Valley Fever.” Valley Fever is a disease well known to Arizona
residents and most have had it if they have lived there over ten years. Newcomers are particularly vulnerable to the
disease since the exposure to dust seems to build up immunity among the residents.
Crim became quite ill and brought suit against International Harvester for its failure to warn him about the Valley
Fever phenomenon before he came out to the testing grounds. Was International Harvester responsible for warning
Crim? Is there negligence in the failure of International Harvester to warn Crim?
119. Kirk Daly, a 36-year-old attorney, was killed when his Buick Opel collided with some metal fence on the Harbor
Freeway in Los Angeles. He was traveling at a speed between 50 and 70 mph. After the collision, the car spun and
the driver’s door flew open. Daly was ejected from the car and sustained fatal head injuries. Had the door stayed
closed, his injuries would have been relatively minor. Daly was not wearing his seat belt. Discuss the negligence
theory for recovery in the suit Daly’s widow has brought against General Motors, the makers of the Buick Opel.
Also discuss any defenses General Motors might have.
120. Cynthia Fromm and Delores Rankin left after their fall semester finals for a four-day skiing trip in Northern
Arizona. During their return drive, they hit a severe snowstorm and were having difficulty with directions. They
took a wrong turn onto a road that is closed during the winter months and is not plowed. The winter barricades for
the road were not yet in place. Fromm and Rankin were soon stuck in the snow. They remained in their vehicle for
11 days until they were rescued by snowmobilers. Both had severe frostbite. Fromm lost both feet. Rankin lost all of
her toes. Both filed suit against the state of Arizona for its failure to put up barricades in a timely fashion. Should the
state be held liable?
121. Discuss why whistle-blowers should receive some kind of protection from defamation claims.
122. First Fidelity Insurance received a call from Second Fifth Bank regarding Margaret Gessner, a former Fidelity
employee. Gessner had been fired for embezzlement. Can First Fidelity disclose such information? Must First
Fidelity disclose it?
123. Discuss why there may be liability for writers of letters of recommendation that fail to include relevant
employment–related information
124. Three boys were leaving Wal-Mart when they were stopped by plain clothes security officers. One officer said,
“Those shirts that you have on were stolen.” One boy said, “You can’t be serious.” The officer responded, “Yes, I
am. Come with me.” The boys then went with the officers to a side door and into an office. The boys’ parents have
filed suit against Wal-Mart. Discuss what their suit might be for and what defenses Wal–Mart has.
125. Anne Argent runs a Water ‘n Ice store located near a thrift store in a strip mall that has only Ann’s store and the
thrift store as tenants. The remaining stores in the strip mall are vacant. Anne’s customers are largely junior high
and high school students who ride their bikes to her store from the neighborhoods surrounding the strip mall. They
park their bikes outside Anne’s store while they are inside buying drinks, ice cream, and candy. In the past 10
months, 12 bikes have been stolen from outside Anne’s store. Discuss any liability Anne might have and why.
126. What will Ms. Leitch use to establish duty in her negligence case against the city?
a. That the city was aware of the stray bullet problem but did not issue warnings.
b. That the city did not control stray gun fire.
c. That the city allowed outdoor areas in restaurants there.
d. That the city did not prohibit guns in the streets.
127. What will the city use as a defense in the case?
a. That the stray bullet incidents were remote and isolated.
b. That Ms. Leitch was contributorily negligent for being in an outside area of a restaurant on New Year’s Eve
in Delray Beach.
c. That you cannot be held liable for the criminal activities of third parties.
d. That there is strict liability for wounds from guns within city limits.
128. What might explain why the restaurant isn’t named in the lawsuit?
a. The restaurant owes no duty of safety to customers.
b. Restaurants are never liable for the criminal activities of third parties.
c. There had never been an injury in the outside area of the restaurant.
d. That there was assumption of risk on Ms. Leitch’s part.
129. Singer Courtney Love tweeted several posts on her Twitter feed as well as her MySpace page that a clothing
designer “bullied victims, stole, sold drugs, drank three bottles of vodka,” and “is a danger to society.” The designer
sued Ms. Love for defamation. Which of the following would be a defense for Ms. Love?
a. That the statements were made on social media.
b. That she is a public figure and enjoys a privilege for her communications.
c. That there is no publication because Tweets and MySpace communications are not permanent.
d. That the statements are true.
130. A magazine ad features a photo of the head of Albert Einstein placed atop the photo of a young, muscular torso
with loads of tattoos and the top of his underwear showing. The ad is one for General Motors and features the line,
“Ideas are sexy, too.” The Hebrew University of Jerusalem was given the rights to Mr. Einstein’s works and
names by his family when he died. GM says that it purchased the rights to use the Einstein photo from a reputable
licensing firm. What would be the basis of a suit by the University against General Motors?
a. Defamation
b. Intrusion into private affairs
c. Appropriation
d. Strict liability