Deck 11: The Law of Torts

Question 1

Advocates of tort reform have tried to get the courts to strike down punitive damages as unconstitutional on the ground that .

A) punitive damages violate defendants' due process rights
B) the risk of incurring punitive damages rarely convinces manufacturers to produce safe products
C) the principles of a free market economy are violated by punitive damages
D) punitive damages are against the adversarial system of litigation

Answer 1

A

Question 2

The purpose of compensatory damages is to .

A) put the victim in the position he or she would have been in had the tort never taken place
B) recognize that the plaintiff has been wronged
C) punish the defendant
D) evaluate the extent of damages caused by the defendant in order to deliver a suitable prison sentence

Answer 2

A

Question 3

What are the goals of tort law?

Answer 3

The primary goal of tort law is to compensate innocent persons who are injured or whose property is injured as a result of another's conduct, but tort law also fulfills other important societal goals. It discourages private retaliation by injured persons and their friends. It promotes citizens' sense of a just society by forcing responsible parties to pay for the injuries they have caused. Finally, it deters future wrongs because potential wrongdoers are aware that they will have to pay for the consequences of their harmful acts.

Question 4

Which of the following types of damages seeks to put the victim in the position he or she would have been in had the tort never taken place?

A) compensatory
B) nominal
C) punitive
D) statutory

Question 5

Which of the following is true of tort law?

A) It is considered a national law.
B) It is considered a state law.
C) It is considered a federal law.
D) It is considered an international law.

Question 6

Which of the following damages are considered by legal scholars to be especially useful in deterring manufacturers from making unsafe products?

A) punitive
B) compensatory
C) statutory
D) nominal

Question 7

Which of the following statements is true about punitive damages?

A) They can be awarded in a case where no nominal or compensatory damages are awarded.
B) They are designed to put the victim in the position he or she would have been in had the tort never taken place.
C) The Supreme Court has defined the maximum punitive damages that can be awarded as a ratio of compensatory to punitive damages awarded.
D) They are considered by some to be unconstitutional on the ground that they violate defendants' due process rights.

Question 8

The Class Action Fairness Act was designed to transfer jurisdiction in large, multistate class action tort suits from state courts to federal courts.

Question 9

Which of the following types of damages is awarded when a plaintiff is unable to prove damages that would necessitate compensation?

A) residual
B) nominal
C) punitive
D) statutory

Question 10

Compensatory damages do not cover .

A) medical bills
B) lost wages
C) attorneys' fees
D) compensation for pain and suffering

Question 11

Which of the following statements is true about the Class Action Fairness Act?

A) It was designed to transfer the jurisdiction in class action tort suits from federal courts to state courts.
B) It favored the plaintiffs of class action suits as federal courts usually give larger awards than state courts in these suits.
C) It sharply reduced the number of class action suits filed in and removed to the federal courts.
D) It gave federal courts jurisdiction over class action cases in which there are at least 100 class action members.

Question 12

Punitive damages are awarded .

A) to allow the victim to seek compensatory damages
B) to put the victim in the position he or she would have been in had the tort never taken place
C) to recognize that the plaintiff has been wronged
D) when the act of the defendant is flagrant, unconscionable, or egregious

Question 13

Explain how the U.S. Supreme Court determines whether a punitive damages award is so excessive as to violate the due process. How did it clarify this in the State Farm v. Campbell case?

Question 14

President Clinton vetoed the Common Sense Legal Reform Act.

Question 15

Which of the following statements is true about the Common Sense Legal Reform Act?

A) It sought to limit punitive damages in all tort cases.
B) It allowed punitive damages only when the plaintiff could convincingly prove that the harm suffered was caused by actual malice.
C) It limited punitive damages to $1 million or five times the economic harm incurred by the plaintiff, whichever was greater.
D) It imposed limits on medical malpractice litigation in state and federal courts by capping awards and attorney fees.

Question 16

Tort law discourages private retaliation.

Question 17

The amount of nominal damages awarded is .

A) sufficient to cover all of the plaintiff's expenses
B) sufficient to allow the plaintiff to seek punitive damages
C) based on the severity of the wrongful conduct
D) determined by the defendant's wealth

Question 18

The amount of compensatory damages awarded is sufficient to cover .

A) all injuries caused by the tort, including compensation for pain and suffering
B) all injuries caused by the tort, excluding compensation for pain and suffering
C) injuries due to pain and suffering
D) all legal fees associated with the litigation

Question 19

The Missouri state law limits the punitive damages that can be awarded if the state of Missouri is the plaintiff requesting the award of punitive damages.

Question 20

Which of the following statements is true about nominal damages?

A) They cover medical bills and lost wages.
B) They allow the plaintiff to seek punitive damages.
C) They are awarded if the plaintiff is able to prove damages that necessitate compensation.
D) They are determined by the severity of the wrongful conduct and the wealth of the defendant.

Question 21

There are three classifications of torts: intentional, presumptive, and strict liability.

Question 22

Which of the following is a recognized classification of torts?

A) misdemeanor
B) felony
C) strict liability
D) contributory liability

Question 23

Which of the following is the primary distinguishing feature among the three classifications of torts?

A) the extent of harm that the wrongful conduct has caused
B) the amount of damages claimed by the plaintiff
C) the complexity of the wrongful conduct
D) the degree of willfulness of the wrongful conduct

Question 24

An intentional tort is one in which the defendant is involved in a(n) .

A) careless action that can harm the plaintiff
B) purposeful action that can harm the plaintiff
C) action that is so inherently dangerous that no amount of due care can make it safe
D) civil wrong that fails to meet the standard of care that a reasonable person would meet

Question 25

Explain what is meant by slander per se.

Question 26

Which of the following statements is true about assault and battery?

A) If the plaintiff is aware that the defendant is incapable of carrying out a threat, it is not an assault.
B) Defense of a third person is permitted even if there is no socially recognized duty to defend that person.
C) A threat to commit harm in a week is considered as an assault.
D) Accidentally bumping into someone on a crowded street is considered a battery.

Question 27

Negligent torts involve carelessness on the part of the plaintiff.

Question 28

Which of the following is not a recognized classification of torts?

A) intentional
B) negligent
C) strict liability
D) contemplated

Question 29

If defamation is published in a permanent form-for example, in a piece of writing or on television-the tort is called slander.

Question 30

Distinguish between assault and battery.

Question 31

Which of the following is an incorrect statement regarding classifications of torts?

A) There are three classifications of torts: intentional, negligent, and strict liability.
B) The primary distinguishing feature among the three classifications of torts is the degree of criminality associated with the wrongful conduct.
C) Defenses for the various categories of torts differ.
D) The types of damages for the various categories of torts differ.

Question 32

Why should the public figure privilege be extended to defamatory statements published over the Internet?

Question 33

A(n) tort is a civil wrong that involves taking action that is so inherently dangerous under the circumstances of its performance that no amount of due care can make it safe.

A) intentional
B) statutory
C) strict liability
D) negligent

Question 34

An assault is the intentional placing of another in fear or apprehension of an immediate, offensive bodily contact.

Question 35

Which of the following statements is true of defamation?

A) If the defamation is published in a permanent form, the tort is called slander.
B) To recover damages in a case of libel, the plaintiff must demonstrate an actual monetary loss resulting from the defamatory statement.
C) A statement that is merely one of opinion and not a statement of a fact is not considered to be defamatory.
D) A plaintiff must prove special damages if the statements constitute slander per se.

Question 36

torts involve carelessness on the part of the defendant.

A) Comparative liability
B) Intentional
C) Negligent
D) Strict liability

Question 37

Intentional torts are those where the defendant took some negligent action that failed to satisfy the duty of care he or she owed to the plaintiff.

Question 38

torts are those wherein the defendant took some purposeful action that he or she knew, or should have known, would harm the plaintiff.

A) Negligent
B) Reckless
C) Intentional
D) Strict liability

Question 39

A(n) refers to the intentional placing of a person in fear or apprehension of an immediate, offensive bodily contact.

A) assault
B) slander
C) appropriation
D) libel

Question 40

Describe the two primary types of defenses to a defamation action.

Question 41

Jim is the leader of an anti-nepotism group. Mark, a former member of Jim's group, claims that Jim was involved in shoplifting. Which of the following statements is true about this scenario?

A) Jim has to prove that Mark made the defamatory statement in malice to recover for defamation.
B) Mark is protected by an absolute privilege as Jim is a public figure.
C) Mark is not protected by public figure privilege.
D) Jim does not have to prove that the defamatory statements are false to recover for defamation.

Question 42

Which of the following is an intentional tort against property?

A) defamation
B) conversion
C) assault
D) false imprisonment

Question 43

If a statement is merely one of opinion and not a statement of a fact, it is not considered defamatory.

Question 44

Which of the following statements is true about defenses to defamation?

A) A person having absolute privilege can be sued for defamation if the statement is false.
B) A conditional privilege does not protect a defendant against any false statements.
C) If the plaintiff is a public figure, the plaintiff will have to prove that the defamation was made with malice.
D) Politicians are not subject to conditional privilege.

Question 45

Which of the following statements is true of false imprisonment?

A) The confinement of a person should be done by moral force alone.
B) It involves using a person's name or likeness for commercial gain without the person's permission.
C) It involves taking actions that would lead observers to make false assumptions about the person.
D) It is the intentional restraint of a person against that person's will and without justification.

Question 46

Which of the following refers to the tort of intentional interference with a contract?

A) amending a license agreement without consulting the other party to the contract
B) claiming to a third party that a contract exists despite knowing that no contract has been negotiated
C) enticing a third party to breach a valid contract with the plaintiff
D) disclosing the terms of a confidential contract without obtaining the other party's permission

Question 47

George writes an article about the evils of gambling and includes an untitled photograph of Paul in the article. Paul has never gambled in his life. He is an active member of a charitable organization and is well-known in his town. Which of the following statements is true about this scenario?

A) Paul can recover damages for defamation as he is a public figure for a limited purpose.
B) Paul can recover damages for defamation only if he proves that the defamation was made with malice.
C) Paul can claim damages on the grounds of invasion of privacy.
D) Paul can claim damages on the grounds of false light.

Question 48

Which of the following is true about conversion and trespass to personalty?

A) Intentionally entering the land of another without permission constitutes conversion.
B) A person who takes another's personal property without permission and returns it unharmed after a short duration has committed conversion.
C) Permanent removal of property from the owner's possession is considered as trespass to personalty.
D) Trespass to personalty occurs when one intentionally interferes with another's use and enjoyment of his or her personal property.

Question 49

The most common defense to a battery is self-defense.

Question 50

In the context of intentional torts, intent is defined as a specific determination to cause harm to the plaintiff.

Question 51

Jennifer and Sandra were partners in a large petrochemical firm. A dispute arose between them, and Sandra left the firm. Sandra set up a business as an oil producer, but she is constantly underbid by Jennifer. Which of the following torts is Jennifer committing?

A) disparagement
B) misappropriation
C) conversion
D) unfair competition

Question 52

Scorpio, Inc. responds to bomb threats by installing security cameras in its office, even in the toilets. It does not inform its employees about the security cameras. One of its employees decides to file a lawsuit against Scorpio. Which of the following torts has Scorpio committed in this scenario?

A) slander
B) invasion of privacy
C) false light
D) trespass to realty

Question 53

Which of the following is an example of false light?

A) The defendant publishes Mabel's medical records in the local newspaper without her consent.
B) The defendant publishes Mabel's picture alongside an article about the evils of gambling, even though Mabel has never gambled in her life.
C) The defendant uses a picture of Mabel in an advertisement for baked goods without paying her or obtaining her consent to use her picture.
D) The defendant invades Mabel's privacy by taking photographs of her inside her house.

Question 54

is a tort that consists of encroaching on the solitude, seclusion, or personal affairs of someone who has the right to expect freedom from interference.

A) Public disclosure of private facts
B) Invasion of privacy
C) False light
D) Appropriation

Question 55

Which of the following is an intentional tort against economic interests?

A) misappropriation
B) conversion
C) false light
D) defamation

Question 56

Martin is a security guard in a clothing store. He suspects Emma, a customer, of shoplifting. He locks Emma in a room and does not allow her to leave the store until he has searched through her belongings and interrogated all the witnesses. If Emma is entirely innocent of any wrongdoing, and assuming that the state in which this occurred does not recognize the shopkeepers' privilege, which of the following torts has Martin committed?

A) trespass to realty
B) conversion
C) false imprisonment
D) disparagement

Question 57

Absolute privilege against a defamation action .

A) exists in the pressroom of a major newspaper
B) is given on the House and Senate floors during congressional debate
C) is provided within the confines of one's own private property
D) exists at one's place of employment

Question 58

Which of the following statements is true of trespass to realty?

A) A person is not guilty of trespass to realty if one did not know that the land belonged to another.
B) A person is guilty of trespass to realty if the person causes an object to be placed adjacent to the land he or she does not have permission to enter.
C) A person is not guilty of trespass to realty if he did not intend to be on a particular piece of land which he had not been granted permission to enter.
D) A person is guilty of trespass to realty if he causes an object to be placed on the land of another without the landowner's permission.

Question 59

In a case of slander, the plaintiff can recover damages without proving any special damages.

Question 60

refers to the intentional permanent removal of property from the rightful owner's possession and control.

A) Appropriation
B) False light
C) Disparagement
D) Conversion

Question 61

Only permanent removal of property from the owner's possession and control constitutes conversion.

Question 62

With the negligence per se doctrine, a plaintiff can use proof of the as proof of negligence.

A) invasion of privacy
B) disparagement
C) violation of the statute
D) appropriation

Question 63

Conditional privilege is provided to employers to encourage them to give honest assessments of their former employees.

Question 64

Courts typically use a(n) standard to evaluate the duty the defendant owes the plaintiff.

A) objective plaintiff
B) subjective plaintiff
C) reasonable man
D) reasonable person

Question 65

Which of the following is not an element a plaintiff must establish in order to prove negligence?

A) willful wrongdoing
B) duty
C) breach of duty
D) damages

Question 66

Public figures generally have access to the media and, therefore, need less protection than an ordinary private citizen.

Question 67

The reasonable person standard is a(n) standard.

A) subjective
B) objective
C) scientific
D) objectified

Question 68

Which of the following is an element a plaintiff must establish in order to prove negligence?

A) purposeful action
B) intent
C) recklessness
D) causation

Question 69

Invasion of privacy is known as the shopkeepers' tort.

Question 70

Which of the following statements is true of the reasonable person standard used in a negligence lawsuit?

A) The reasonable-person standard is highly subjective.
B) The judge or jury determines what a reasonable person would do in a particular situation.
C) The code of ethics followed by the defendant's organization is used to determine the behavior of a reasonable person in a particular situation.
D) The reasonable-person standard is used to establish causation.

Question 71

Publication in the context of any kind of defamation action means communication to a third party.

Question 72

A plaintiff need not prove actual economic loss to recover damages in a disparagement case.

Question 73

In most states, the plaintiff can recover damages for intentional infliction of emotional distress even if there are no physical symptoms caused by the emotional distress.

Question 74

cause exists if both the plaintiff and the type of injury incurred by the plaintiff are foreseeable.

A) Consequential
B) Proximate
C) Remote
D) Perfunctory

Question 75

Explain the invasion of privacy tort. How does it vary based on the situation?

Question 76

Explain the difference between trespass to personalty and conversion with examples.

Question 77

Which of the following statements is true of negligence?

A) Negligence can result from the willful wrongdoing of a party.
B) If a business attempts to warn its customers about potential hazards, it cannot be considered negligent.
C) Proximate cause exists if both the plaintiff and the type of injury incurred by the plaintiff are foreseeable.
D) A party can bring an action in negligence seeking only nominal damages.

Question 78

Explain the rationale behind the requirement of demonstrating physical harm to recover damages in cases of intentional infliction of emotional distress.

Question 79

The plaintiff has to prove that the defendant made the defamatory statement with malice in any defamation case.

Question 80

If a person causes an object to be placed on the land of another without the landowner's permission, it is considered an instance of trespass to realty.