1. Clark was at Computerheaven Ltd. and asked for a box of the highest-grade computer paper. Don, an employee, went to the back to get it, but he didn't know which of the five choices available was the best grade of paper. He took out a box of paper called "superstuff" and told Clark that was the highest-grade paper, even though he wasn't sure it was. Clark bought it. On the way out, Clark, a successful freelance computer programmer for the last five years, asked Don some questions about a new laser printer on display. Don started giving Clark his sales pitch, and Clark said with a smile, "I don't think you know what you're talking about." Don flushed and yelled, "You go to %^&%! You call yourself a programmer and you don't know anything about programming. You're a first-class fraud!" A client of Clark's overheard this conversation. Clark called Don a "jerk" and turned to go. As he was walking out the door, Don threw a hard disk drive at him and hit Clark in the back of the head. Considering the legal meaning of the following, indicate which would be successful based on these facts?

a. an action against Computerheaven Ltd. for the tort of trespass

b. an action against Computerheaven Ltd. for the tort of battery

c. an action against Computerheaven Ltd. for the tort of defamation

d. an action against Clark for the tort of negligence

e. an action for the tort of nuisance

2. Which of the following statements with regard to the characteristics of civil and criminal actions is true?

a. The person who begins a civil action is usually called the prosecutor.

b. A civil action is a private action; that is, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered.

c. If a person is convicted of a criminal offence, he or she cannot also be sued in a civil action by the victim.

d. In a criminal case, an individual person is taking the action against the accused.

e. The prosecutor must prove his or her case based "upon a balance of probabilities."

3. A 70-year-old woman, while using the escalator at the airport, dropped a glove. When she attempted to pick it up, she lost her balance and fell. As a result of the accident, she suffered a fractured vertebra (back bone). In an action by her against the company that was responsible for maintaining the escalator, the defendant company would argue which of the following for its best defence?

a. It was not below the standard of care.

b. It did not owe her a duty of care.

4.

Although nothing at all had been stolen, the store detective thought that Al and Ed had stolen some CDs. After they exited the store, the detective said to both of them, "Hold it! You'll have to wait right here for the police; you'll be charged with theft!" While Ed stopped and protested, Al hurried off and drove away. Ed felt compelled to submit to the detective. After some time, the police finally arrived. It was only then that the detective realized that no crime had been committed. Ed was released. On these facts, which of the following is true?

a. Both Al and Ed could sue for assault and battery.

b. Both Al and Ed could sue for the tort of false imprisonment because both had been falsely accused of committing a crime.

c. Neither Al nor Ed could sue because neither was confined in a closed space.

d. Both Al and Ed could sue for the tort of false imprisonment because there had been no crime committed.

e. Only Ed has a cause of action for false imprisonment (i.e., a legal right to sue)

c. qualified privilege

d. There were no damages suffered.

e. provocation