Question 1

Privilege is a possible defense to a defamation action.

Accepted Answer

A) True 
 B)False

Question 2

To be liable for an intentional tort the defendant must have:

Accepted Answer

A)  thought through the consequences of his action 
B)  "considered" the consequences of his actions 
C)  been unaware of the consequences of his actions 
D)  engaged in a voluntary action 
E)  none of the other choices 
A)  thought through the consequences of his action 
B)  "considered" the consequences of his actions 
C)  been unaware of the consequences of his actions 
D)  engaged in a voluntary action 
E)  none of the other choices

Question 3

As a general rule, any defense to an intentional tort is also available in a negligence action.

Accepted Answer

A) True 
 B)False

Question 4

The intentional tort of assault requires that:

Accepted Answer

A)  there be physical contact with the body 
B)  the injured party have knowledge of the danger 
C)  the injured party be detained against his or her will 
D)  the defendant intended to injure the plaintiff 
E)  all of the other choices 
A)  there be physical contact with the body 
B)  the injured party have knowledge of the danger 
C)  the injured party be detained against his or her will 
D)  the defendant intended to injure the plaintiff 
E)  all of the other choices

Question 5

In Wassell v. Adams the plaintiff was 97% responsible for the attack she suffered in a hotel room when she opened her door for a stranger. As a result, the jury awarded her 3% of an $850,000 verdict, or $25,500. The appeals court agreed, holding that:

Accepted Answer

A)  she would recover nothing because was primarily responsible for what happened 
B)  she would recover nothing because the criminal, who was not caught, was the responsible party, not the hotel owner 
C)  she would recover the entire verdict because the defendant was found partly responsible 
D)  she would recover the three percent under the comparative negligence rule 
E)  none of the other choices 
A)  she would recover nothing because was primarily responsible for what happened 
B)  she would recover nothing because the criminal, who was not caught, was the responsible party, not the hotel owner 
C)  she would recover the entire verdict because the defendant was found partly responsible 
D)  she would recover the three percent under the comparative negligence rule 
E)  none of the other choices

Question 6

In an intentional tort action, motive is ____ the act.

Accepted Answer

A)  legally indistinct from 
B)  legally distinct from 
C)  indistinguishable from 
D)  a key component of 
E)  none of the other choices 
A)  legally indistinct from 
B)  legally distinct from 
C)  indistinguishable from 
D)  a key component of 
E)  none of the other choices

Question 7

A conditional privilege eliminates liability for defamation when the statement:

Accepted Answer

A)  was legally found in public records 
B)  was not true 
C)  was true 
D)  was published with the plaintiff's knowledge and consent 
E)  none of the other choices 
A)  was legally found in public records 
B)  was not true 
C)  was true 
D)  was published with the plaintiff's knowledge and consent 
E)  none of the other choices

Question 8

Liability waivers are generally against public policy in tort cases and are not allowed as a defense.

Accepted Answer

A) True 
 B)False

Question 9

If a doctor is accused of negligence in treating a patient. The standard of care is that which any person would have given in the same situation.

Accepted Answer

A) True 
 B)False

Question 10

The tort of emotional distress:

Accepted Answer

A)  involves conduct that is so outrageous that it creates severe mental or emotional distress in another person 
B)  involves private information 
C)  involves confidential medical information 
D)  causes the plaintiff to suffer a mental breakdown 
E)  none of the other choices 
A)  involves conduct that is so outrageous that it creates severe mental or emotional distress in another person 
B)  involves private information 
C)  involves confidential medical information 
D)  causes the plaintiff to suffer a mental breakdown 
E)  none of the other choices

Question 11

Extreme debt collection tactics, such as late night threatening phone calls, may cause legal action based on the tort of:

Accepted Answer

A)  battery 
B)  infliction of emotional distress 
C)  persecution 
D)  malicious prosecution 
E)  all of the other choices 
A)  battery 
B)  infliction of emotional distress 
C)  persecution 
D)  malicious prosecution 
E)  all of the other choices

Question 12

The only defense in case of negligence is that of assumption of risk.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following is most likely to be an example of an assault?

Accepted Answer

A)  someone bumps into you while walking down the street 
B)  someone beats you up in a fist fight 
C)  someone points a gun at you while you are sleeping 
D)  someone wiretaps your phone 
E)  none of the other choices 
A)  someone bumps into you while walking down the street 
B)  someone beats you up in a fist fight 
C)  someone points a gun at you while you are sleeping 
D)  someone wiretaps your phone 
E)  none of the other choices

Question 14

If someone calls you from a city in another part of the country and tells you they want to strangle you, there has probably been an assault.

Accepted Answer

A) True 
 B)False

Question 15

In New Zealand if a careless driver runs into someone and causes injury, the injured party cannot sue, but will be compensated under a government insurance program.

Accepted Answer

A) True 
 B)False

Question 16

The principal distinction between assault and battery is:

Accepted Answer

A)  the difference between the plaintiff knowing the defendant and not knowing the defendant 
B)  the difference between the requirements of apprehension of an offensive physical contact and of actual physical contact 
C)  the difference between the requirements of proximate cause and ultimate cause 
D)  all of the other specific choices 
E)  none of the other specific choices 
A)  the difference between the plaintiff knowing the defendant and not knowing the defendant 
B)  the difference between the requirements of apprehension of an offensive physical contact and of actual physical contact 
C)  the difference between the requirements of proximate cause and ultimate cause 
D)  all of the other specific choices 
E)  none of the other specific choices

Question 17

Suppose someone uses an Internet server, such as AOL, to send a message to others that is defamatory. The person injured by the defamation has a good case against:

Accepted Answer

A)  the sender and AOL 
B)  neither party; defamation may only occur when the transmission is face-to-face 
C)  the sender but not AOL under any circumstances 
D)  neither party; defamation actions from Internet transmissions are shielded by federal law 
E)  none of the other choices 
A)  the sender and AOL 
B)  neither party; defamation may only occur when the transmission is face-to-face 
C)  the sender but not AOL under any circumstances 
D)  neither party; defamation actions from Internet transmissions are shielded by federal law 
E)  none of the other choices

Question 18

The substantial factor test and the proximate cause rule produce significantly different results in negligence cases.

Accepted Answer

A) True 
 B)False

Question 19

Truth is a very strong defense to a defamation action.

Accepted Answer

A) True 
 B)False

Question 20

Intentional torts arise in situations where the person who committed the tort intended to inflict the injury suffered.

Accepted Answer

A) True 
 B)False

Exam 6: Elements of Torts

Privilege is a possible defense to a defamation action.

To be liable for an intentional tort the defendant must have:

As a general rule, any defense to an intentional tort is also available in a negligence action.

The intentional tort of assault requires that:

In Wassell v. Adams the plaintiff was 97% responsible for the attack she suffered in a hotel room when she opened her door for a stranger. As a result, the jury awarded her 3% of an $850,000 verdict, or $25,500. The appeals court agreed, holding that:

In an intentional tort action, motive is ____ the act.

A conditional privilege eliminates liability for defamation when the statement:

Liability waivers are generally against public policy in tort cases and are not allowed as a defense.

If a doctor is accused of negligence in treating a patient. The standard of care is that which any person would have given in the same situation.

The tort of emotional distress:

Extreme debt collection tactics, such as late night threatening phone calls, may cause legal action based on the tort of:

The only defense in case of negligence is that of assumption of risk.

Which of the following is most likely to be an example of an assault?

If someone calls you from a city in another part of the country and tells you they want to strangle you, there has probably been an assault.

In New Zealand if a careless driver runs into someone and causes injury, the injured party cannot sue, but will be compensated under a government insurance program.

The principal distinction between assault and battery is:

Suppose someone uses an Internet server, such as AOL, to send a message to others that is defamatory. The person injured by the defamation has a good case against:

The substantial factor test and the proximate cause rule produce significantly different results in negligence cases.

Truth is a very strong defense to a defamation action.

Intentional torts arise in situations where the person who committed the tort intended to inflict the injury suffered.

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