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QUESTION 6 The torts of assault and battery must always occur at the same time. O True O False QUESTION 7 Randy and Joe work together at the same company, and are competing for a promotion. Joe's husband, Max, works in the Human Resources department of the same company and Joe asks Max to look into Randy's HR file to see if there is anything he can use to get an advantage over Randy for the promotion. Max looks in Randy's file and tells Joe that Randy took a leave of absence three years ago to deal with mental health issues. Randy finds out that Max looked at his personnel file and told Joe this private information and threatens to sue both Max and Joe. The proper legal basis for Randy's claim would be the tort of intrusion upon seclusion. O True O False QUESTION 8 Reyna decides to go skiing for the first time. When buying her lift ticket, the ski resort requires Reyna to sign a waiver of liability form outlining the risks of skiing. Reyna signs this form. Later that day she breaks her leg when she falls on the ski hill. If Reyna sued the ski resort for damages arising from this injury, the ski resort may rely on the defence of voluntary assumption of O True O False QUESTION 9 The elements of a negligence action are the duty of care, standard of care, causation, and remoteness. O True O False QUESTION 10 What is the difference between a criminal prosecution and a tort lawsuit? The burden of proof is much easier to prove in a criminal case than it is in a civil action based on tort. In a tort lawsuit the victim must start the legal action, whereas in a criminal case, a prosecutor employed by the government will start the legal action. Trials in tort lawsuits are conducted in private, whereas criminal prosecutions are open to the public. In a civil action, the victim must prove its case beyond a reasonable doubt whereas proof based on the balance of probabilities is the standard in a criminal prosecution

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