torts week 6 quizv from lecture

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Bryant and Stratton College, Buffalo *

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220

Subject

Law

Date

Feb 20, 2024

Type

odt

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1

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answer the following true or false questions. 1. True or False? Fraud is an act that must be pursued as either a crime or civil tort, but not both. (False; fraud is an act that can be either a crime, a civil tort, or both) 2. True or False? A statement consisting of an opinion is not usually considered fraud unless specifically stated as such by state law. (True) 3. True or False? A false representation made recklessly without regard for its truth to induce action by another is the equivalent of a misrepresentation knowingly and intentionally uttered. (True) 4. True or False? A plaintiff need not use their own ordinary intelligence in a case where they allege the defendant misled them. (False; Courts look to whether the plaintiff exercised ordinary intelligence in ascertaining the truth or the real quality of the subject of the representation; if the plaintiff fails to make use of the means available to discover the truth, his/her claim will be dismissed. hich of the following are examples of reckless behavior? Please answer yes or no. 1. Drinking and driving at any time (Yes) 2. Drag racing in a secure racing facility (No) 3. Substance use at a nightclub or other public area (Yes) 4. Engaging in unprotected sex when you have a known venereal disease, including AIDS/HIV (Yes) 5. Street racing in a residential neighborhood. (Yes) 6. Storing a gun in an un-locked box in a home where children are frequently present (Yes) 7. Almost every ________ across every type of business contains an implied duty of good faith and fair dealing. (contract) 8. Juries rely on their own beliefs regarding the value of ___________. (non-economic damages) 9. _____________ are designed to punish the responsible party. (punitive damages) 10. ___________ typically include damages that have had a monetary impact on the victim. (economic damages) 11. True or False? If the party bringing a civil proceeding thinks they have a winning case and sues for a legitimate reason, they cannot be guilty of malicious prosecution if they only discover a reason they cannot win during the case so continue the case for improper motives. (False; the party must abandon a lawsuit once they discover it is frivolous and may not continue for improper motives.) 12. True or False? In terms of the elements of an abuse of process action, legal process can be any part of a lawsuit and need not mean the entire lawsuit was frivolous. (True) 13. True or False? Direct evidence is evidence proved by inference and requires reasoning to prove a fact. (False; circumstantial evidence is proved by inference and requires reasoning to prove a fact.) 14. True or False? A tort action can be built on negligence, intent, strict liability, or something in between. (True)
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