Paralegal Exam Prep - Question List

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266. Which of the following is an essential element of false imprisonment?
  1. The party must have been confined by a police officer.
  2. The party must have knowledge that he or she is being confined.
  3. The party must have committed a wrongful act.
  4. The party must have been confined by a shopkeeper.
  5. The party must be confined in a cell.
267. Cameron walked into his favorite clothing store wearing a shirt that he purchased from the store the previous week. Carl, the store security guard, accused Cameron of stealing the shirt. Cameron explained that he had purchased it. Carl did not believe Cameron. He grabbed Cameron by the arm and shoved him into a windowless room and locked the door. Cameron remained in the room for 9 hours without food or water. Finally, Calvin, the store manager, remembered Cameron paying for the shirt and let him out of the room. Can Cameron win a false imprisonment case against Carl?
  1. No. Under the doctrine of "shopkeeper's privilege," Carl had a right to confine Cameron, as he believed that Cameron had stolen merchandise.
  2. No. Carl had a right to indefinitely confine Cameron, whom he believed had stolen merchandise.
  3. Yes. Carl kept Cameron confined for too long, never called the police, and only assumed that Cameron stole the merchandise.
  4. Yes. Carl was mistaken in his belief that Cameron stole merchandise.
  5. Yes. Carl never permitted Cameron to make a phone call.
268. Negligence is the:
  1. Failure to use ordinary care.
  2. Failure to avoid an accident.
  3. Failure to use extraordinary care.
  4. Failure to help someone who is in trouble.
  5. Failure to report a crime.
269. Which of the following is NOT an element of negligence?
  1. Breach of duty to use ordinary care
  2. An intentional act that results in harm
  3. A proximate causal connection between the negligent conduct and the resulting injury
  4. Damage
  5. A duty to use ordinary care
270. Negligence due to violation of a statute is:
  1. Intentional negligence.
  2. Ordinary negligence.
  3. Negligence per se.
  4. Common law negligence.
  5. Strict negligence.

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