Deck 7: Torts

Question 1

Compensatory damages apply to contract law and tort law,but they are much more difficult to calculate in contract law.

Answer 1

False

Question 2

Public figures typically have a difficult time winning defamation lawsuits.

Answer 2

True

Question 3

There is no liability for defamatory remarks left on a Facebook wall.

Answer 3

False

Question 4

The tort of tortious interference is similar across all states.

Question 5

Misappropriation takes place when a person uses someone else's name,likeness,or other identifying characteristic without permission.

Question 6

Pleading "no contest" to a criminal charge forces the defendant to waive their rights to defend a civil tort suit.

Question 7

In tort law,only people that you are a third-party beneficiary to can probably sue you for breach of contract.

Question 8

Trespass to personal property is the unlawful taking of another's personal property without the owner's permission.

Question 9

When physical touching is absent,courts sometimes permit the tort of intentional infliction of emotional distress to be claimed.

Question 10

Defamation can take place against goods or products instead of people.

Question 11

Intent is transferable from one potential victim to another.

Question 12

Negligence is about breaching the duty we owe others,as determined by state tort law.

Question 13

The right of a business owner to use extreme force in detaining a suspected shoplifter for a reasonable period of time is known as the shopkeeper's privilege.

Question 14

The tort of false imprisonment requires an actual and present confinement.

Question 15

Contract law usually allows for the award of punitive damages,something never permitted in tort law.

Question 16

Exploiting a known sensitivity in a child,the elderly,or pregnant women can constitute intentional infliction of emotional distress.

Question 17

Soot,noise,or odor cannot become the basis for trespass.

Question 18

Defense of others is a reasonable and proportionate force used to defend another person from harm or injury.

Question 19

Often,the same conduct can be both a crime and a tort.

Question 20

The norms that society protects make up the basis for tort law.

Question 21

Professional negligence by business professionals such as doctors,accountants,and lawyers is known as malpractice.

Question 22

Negligence torts require both legal intent and a breach of the standard of care.

Question 23

A breach is demonstrated by showing the defendant failed to act according to the relevant standard of care.

Question 24

In strict product liability,any retailer,wholesaler,or manufacturer that sells an unreasonably dangerous product is strictly liable.

Question 25

Strict liability applies when restaurants serve alcohol to visibly intoxicated persons.

Question 26

Since product liability is strict liability,the plaintiff's comparative negligence is a defense.

Question 27

By definition,crimes are intentional and therefore foreseeable.

Question 28

The definition of negligence is kept deliberately narrow so as to avoid litigation that cannot be resolved in a court of law.

Question 29

Punitive damages are intended not to compensate the plaintiff but to deter the defendant from ever engaging in similar conduct.

Question 30

If consumer misuse of a product is foreseeable,manufacturers must warn against that misuse.

Question 31

Strict liability applies in only a few limited circumstances.

Question 32

If a plaintiff unknowingly and involuntarily assumes the risk of participating in a dangerous activity,then the defendant is not liable for injuries incurred.

Question 33

Under the open and obvious doctrine,a homeowner who is automatically negligent for any ,injuries sustained by guests,unless he can prove they were uninvited.

Question 34

There are no constitutional limits to the award of punitive damages.

Question 35

Most states limit Good Samaritan laws to professionals only.

Question 36

A product may be defective because of a design defect.

Question 37

The first element that has to be demonstrated in order to prove negligence is that the defendant owes a duty to the plaintiff.

Question 38

Strict liability would apply equally to an individual who sold a car on Craiglist as it would to a local car dealer.

Question 39

Product misuse is a defense to strict product liability.

Question 40

Since comparative negligence is a fairly harsh rule,most states follow the contributory negligence rule instead.

Question 41

_____ takes place when someone intentionally confines or restrains another person's movement or activities without justification.

A)Tortious interference
B)False imprisonment
C)Invasion of privacy
D)Intimidation
E)Brainwashing

Question 42

Which of the following is true about the tort of assault?

A)In assault,the contact or touching does not have to be in person.
B)It is a completed battery.
C)Physical injuries are required for assault.
D)It is any unconsented touching,even if physical injuries are not present.
E)A sense of apprehension is enough for assault.

Question 43

_____ is any unconsented touching,even if physical injuries are not present.

A)Battery
B)Misappropriation
C)Assault
D)Nuisance
E)Libel

Question 44

Which of the following is NOT true about the shopkeeper's privilege?

A)Businesses confronted with potential thieves are permitted to detain suspects until police arrive at the establishment.
B)The detention must be done in reasonable conditions.
C)The business owner has the right to detain a suspected shoplifter for a reasonable period of time.
D)The grounds and manner of the detention must be reasonable or the store may be liable for false imprisonment.
E)Store employees are allowed to use excessive force in detaining the suspect if the suspect resists detention.

Question 45

The oral form of defamation is considered:

A)libel.
B)puffery.
C)malice.
D)slander.
E)misrepresentation.

Question 46

The tort of _____ takes place when someone takes another person's property permanently.

A)trespass
B)invasion of privacy
C)conversion
D)nuisance
E)misappropriation

Question 47

Which of the following is an example of invasion of privacy?

A)Specific events in a public figure's life that has shaped them into the person that they are
B)A newspaper item dealing with an accident
C)The background of a candidate for public office
D)Hacking into a person's computer
E)A stranger cutting in line in front of you

Question 48

Which of the following statements is true regarding intentional infliction of emotional distress IIED)?

A)It is extreme conduct measured objectively)that intentionally causes severe emotional distress to another.
B)In a sense,IIED can be thought of as an assault to emotions.
C)All states require the plaintiff demonstrate some physical manifestation of the psychological harm to win any recovery.
D)IIED is meant to protect against both mild and extreme behaviors.
E)It occurs when some form of physical touching is present in a battery.

Question 49

_____ is the act of wrongfully hurting a living person's good reputation.

A)Misappropriation
B)Defamation
C)Misrepresentation
D)Puffery
E)Nuisance

Question 50

Strict liability is:

A)the duty of all persons to act reasonably,as established by state tort law.
B)a type of tort where the defendant acts with intent to cause a particular outcome.
C)imposed in certain situations without regard to fault or due care.
D)the responsibility of all people to exercise a reasonable amount of care in their dealings and interactions with others.
E)a breach of contract.

Question 51

To which of the following would the attractive nuisance doctrine most likely apply?

A)Piles of sand
B)A meter reader
C)A utility repair technician
D)Rescuing someone in distress
E)Giving your roommate permission to borrow your car for a day

Question 52

A statute of repose functions like a statute of limitations and bars plaintiffs from filing tort claims after a certain period of time has lapsed.

Question 53

Identify the doctrine that holds employers liable for tortious acts committed by employees while acting within the scope of their employment.

A)Stare decisis
B)Strict liability
C)Res ipsa loquitur
D)Respondeat superior
E)Voir dire

Question 54

Many businesses see tort lawsuits as a nuisance at best and ruinous at worst,and would like to see them disappear altogether.

Question 55

If you gave your roommate permission to borrow your car for a day and he/she stole your car instead,it would be considered:

A)trespass.
B)fraud.
C)misappropriation.
D)nuisance.
E)conversion.

Question 56

An advertisement using images of a celebrity to endorse their product without the celebrity's permission or knowledge would be guilty of:

A)Fraud
B)Injurious falsehood
C)Misappropriation
D)Intrusion
E)Fictionalization

Question 57

Which of the following is an example of the tort of battery?

A)Attempting to throw a baseball at another person
B)Holding a gun to a person's head without firing
C)Throwing something at one person that causes a nearby person to be placed in apprehension
D)Moving one's fist toward another person without actually hitting
E)Picking up a chair and hitting another person with it

Question 58

Punitive damages are:

A)money damages awarded to punish the defendant for gross and wanton negligence and to deter future wrongdoing.
B)money damages whose amount the parties designate during the formation of a contract for the injured party to collect as recompense upon a specific breach.
C)money damages to recompense for economic losses,or losses stemming from injuries.
D)very small damages awarded to show that the loss suffered was technical rather than actual.
E)pre-established damages for cases where calculating a correct sum is deemed difficult.

Question 59

_____ is the written form of defamation.

A)Malice
B)Injurious falsehood
C)Libel
D)Slander
E)Puffery

Question 60

If a tortfeasor is engaged in certain activities and someone is injured or killed,then under _____ the tortfeasor is held liable no matter how careful or careless he or she may have been.

A)intentional tort
B)strict liability
C)the tort of negligence
D)injurious falsehood
E)misrepresentation

Question 61

_____ provides strong protection for sensationalist "news" organizations that cover celebrity gossip,and courts have held that public figures must show actual malice before they can win a defamation lawsuit.

A)The First Amendment
B)The Fourth Amendment
C)The Fifth Amendment
D)The Sixth Amendment
E)The Eighth Amendment

Question 62

Identify the rule under which the jury is asked to determine to what extent the plaintiff is at fault,and the plaintiff's total recovery is then reduced by that percentage.

A)Contributory negligence
B)Defense of others
C)Statute of limitations
D)The right of self-defense
E)Comparative negligence

Question 63

_____ is a defense which bars the plaintiff from recovery because the plaintiff voluntarily and knowingly assumed known perils.

A)Assumption of risk
B)Contributory negligence
C)Comparative negligence
D)Joint and several liability
E)The Good Samaritan statute

Question 64

Which of the following statements is true about compensatory and punitive damages?

A)Punitive damages seek to compensate the plaintiff for his/her injuries.
B)There are clear guidelines and available standards for compensatory damages to be awarded for pain and suffering.
C)Compensatory damages refer to money awarded to the plaintiff when the defendant acts wantonly,to punish the defendant,and to deter future wrongdoing.
D)Compensatory damages can be awarded for past,present,and future losses.
E)With regard to punitive damages,the jury is awarded a sum of money to compensate the plaintiff.

Question 65

Punitive damages are awarded:

A)for medical injuries.
B)when the defendant acted with willful and wanton negligence.
C)for loss of a car.
D)when there are economic injuries such as loss of property.
E)for pain and suffering.

Question 66

In most states,_____ takes place when someone publishes false information about another person's product.

A)tortious interference
B)trade disparagement
C)proximate causation
D)innocent misrepresentation
E)negligent misrepresentation

Question 67

Which of the following statements is true of fraud?

A)It can arise only in a few limited circumstances.
B)It is the use of another person's name,likeness,or other identifying characteristic without permission.
C)It requires the tortfeasor to misrepresent facts,with reckless disregard for the truth.
D)It is a completed assault.
E)It requires an innocent misrepresentation.

Question 68

Identify the correct statement about strict liability torts.

A)They require neither intent nor carelessness.
B)They require some level of carelessness or neglect.
C)They require some level of intent to be committed.
D)They can be applied to any number of circumstances.
E)They are defined as liability with fault.

Question 69

To prove negligence,plaintiffs have to demonstrate four elements are present.The first element is that the plaintiff has to:

A)prove that the defendant's actions were the proximate cause of the plaintiff's injury.
B)demonstrate that the defendant owed it a duty of care.
C)demonstrate that the defendant breached a duty of care.
D)prove that the defendant's conduct caused the injury.
E)demonstrate legally recognizable injuries.

Question 70

_____ is the intentional damage of another person's valid contractual relationship.

A)Trade disparagement
B)Malicious prosecution
C)Breach of fiduciary duty
D)Abuse of process
E)Tortious interference

Question 71

Which of the following statements is true about the open and obvious doctrine?

A)It is an absolute defense that reduces the plaintiff's recovery by the amount of the plaintiff's own negligence.
B)It is used to defend against suits by persons injured while on someone else's property.
C)Most states circumvent the usefulness of the open and obvious doctrine.
D)It cannot be used in premises liability cases.
E)It is available,in some cases,to a defendant who caused a dangerous situation.

Question 72

Negligence is distinguished from intentional torts in that:

A)there is a lack of intent to cause harm.
B)the tortfeasor knows with substantial certainty that certain consequences will result from the act.
C)it involves assault and battery.
D)it involves conscious wrongdoing.
E)there is neither intent nor carelessness.

Question 73

In a state that follows the _____,a plaintiff's own negligence,no matter how minor,bars the plaintiff from any recovery.

A)statute of limitations
B)right of self-defense
C)contributory negligence rule
D)comparative negligence rule
E)defense of others

Question 74

Which of the following laws establish strict liability for taverns,bars,and restaurants for serving alcohol to minor or visibly intoxicated persons who then cause death or injury to others?

A)National Minimum Drinking Age Act
B)Wine and Spirits Fair Dealing Act
C)Dram shop acts
D)Ultrahazardous activity acts
E)Cops in shops acts

Question 75

Which of the following is a civil tort involving numerous plaintiffs against one or few defendants?

A)Abuse of process
B)Economic tort
C)Mass tort
D)Malicious prosecution
E)Tortious interference

Question 76

A bystander who aids victims of an auto accident are shielded from negligence liability by:

A)torts
B)contributory negligence
C)strict liability
D)affirmative defense
E)Good Samaritan Law

Question 77

Which of the following statements is NOT true about the duty of care?

A)The general rule in our society is that people are free to act any way they want to,as long as they do not infringe on the freedoms of others.
B)If a risk of harm is foreseeable,then the duty of care exists.
C)If a business knows about,or should know about,a high likelihood of crime occurring,then that business must take steps to protect its customers.
D)The concept of duty is broad and extends beyond those in immediate physical proximity.
E)The general rules surrounding when a duty exists cannot be modified in special situations.

Question 78

_____ refers to promotional statements expressing subjective views.

A)A direct lie
B)Puffery
C)Tortious interference
D)Injurious falsehood
E)Deception

Question 79

Negligence committed by certain professionals is known as:

A)defamation.
B)injurious falsehood.
C)malpractice.
D)negligent entrustment.
E)vicarious liability.

Question 80

An advertisement that promises "the best food in town" is an example of _____ since it is opinion.

A)deception
B)misrepresentation
C)puffery
D)tortious interference
E)injurious falsehood