Deck 14: Tort Law, Product Liability,

Question 1

Fred is guilty of assault and battery. This is an example of which of the following?

A) An intentional tort
B) An unintentional tort
C) A misdemeanor
D) A civil crime

Answer 1

A

Question 2

The of a specific tort are the points that a plaintiff must prove to succeed in a tort claimed.

A) elements
B) factors
C) occurrences
D) sections

Answer 2

A

Question 3

The classification of a tort does not depend on which of the following?

A) How the tort occurs
B) The surrounding circumstances
C) The age of the person committing the tort
D) How the tort occurs and the surrounding circumstances

Answer 3

C

Question 4

Lauren commits an act that is considered a public wrong. A suit will be brought against her.

A) tort
B) criminal
C) civil
D) federal

Question 5

Kacy commits an act that is considered a private wrong. A suit will be brought against her.

A) tort
B) criminal
C) civil
D) federal

Question 6

Criminal actions involve wrongs.

A) legal
B) public
C) private
D) general

Question 7

Tort law is concerned with which of the following?

A) Compensating those who have suffered injuries as a result of the wrongful conduct of others
B) Caring for victims of violent crimes
C) Ensuring that criminals are punished so that others are deterred from similar actions
D) Supporting children who have been abandoned by their families

Question 8

Examples of intentional torts which of the following?

A) Assault and battery
B) False imprisonment
C) Defamation
D) Appropriation
E) All of these choices are correct.

Question 9

The word "tort" is French for which of the following?

A) Unacceptable
B) Wrong
C) Compensation
D) Trial

Question 10

Tort suits involve wrongs.

A) legal
B) public
C) private
D) general

Question 11

The classification of a tort depends on which of the following?

A) How the tort occurs
B) The surrounding circumstances
C) The age of the person committing the tort
D) How the tort occurs and the surrounding circumstances
E) How the tort occurs, the surrounding circumstances, and the age of the person committing the tort

Question 12

Thomas is guilty of false imprisonment. This is an example of which of the following?

A) An intentional tort
B) An unintentional tort
C) A misdemeanor
D) A civil crime

Question 13

When analyzing a client's tort claim, which of the following is true?

A) There should be evidence to prove each element of the tort.
B) There should be evidence to prove at least half of the elements of the tort.
C) There should be evidence to prove at least one-third of the elements of the tort.
D) There need not be evidence to prove the elements of the tort as long as the client can be convincing in court.

Question 14

Some torts, such as trespass, originated in

A) early American common law.
B) the Declaration of Independence.
C) English common law.
D) the Constitution.

Question 15

The French word for "wrong" is which of the following?

A) Bonjour
B) Tort
C) Trespass
D) Trial

Question 16

A person who commits a tort is called a

A) plaintiff.
B) tortfeasor.
C) criminal.
D) None of these choices is correct.

Question 17

Which of the following notions could provide the basis for a tort?

A) A wrong
B) Compensation
C) Public harm
D) A wrong and compensation

Question 18

Which of the following is true regarding a tort action?

A) The government brings suit against an individual to obtain compensation for a wrong.
B) One person or group brings suit against another person or group to obtain compensation or other relief for the harm suffered.
C) A public defender brings suit against the government on behalf of an individual.
D) None of these choices is correct.

Question 19

A tortfeasor is

A) a person who commits a tort.
B) the plaintiff in a tort action.
C) the plaintiff's lawyer in a tort action.
D) the judge presiding over a tort action.

Question 20

The level of intent required for is that the actor intended the consequences of the act or knew or should have known that certain consequences would result from the act.

A) a felony
B) an intentional tort
C) defamation of a public official
D) negligence

Question 21

Kathleen finds Grant trying to break into her saddle room. She shoves him down and calls the police to arrest him. Grant sues Kathleen for battery. Kathleen can use which of the following defenses?

A) Consent
B) Self-defense
C) Defense of others
D) Defense of property

Question 22

Cameron poisons her coworker Sara's sandwich because Sara got the promotion Cameron wanted. Cameron is guilty of which of the following?

A) Defamation
B) Assault
C) Battery
D) Slander

Question 23

Sarah yells, "I'm going to punch you!" at Laura and then punches Laura. Sarah is guilty of which of the following?

A) Assault only
B) Battery only
C) Assault and battery
D) Defamation

Question 24

The intentional confinement or restraint of a person without justification is called

A) trespass against the person.
B) assault.
C) battery.
D) false imprisonment.

Question 25

is a legally acceptable reason, raised by the defendant in a lawsuit, as to why the court should not grant the plaintiff the remedy that the plaintiff is seeking.

A) Contributory negligence
B) Proximate cause
C) The statute of frauds
D) A defense

Question 26

An intentional act that causes another to reasonably fear or be apprehensive of immediate physical harm is a(n)

A) battery.
B) assault.
C) defamation.
D) intentional infliction of emotional distress.

Question 27

is actual contact with another individual that is harmful or offensive to that individual.

A) Assault
B) Defamation
C) Battery
D) Intentional infliction of emotional distress

Question 28

For contact to be considered battery

A) it need not be intentional.
B) physical injury need not occur.
C) physical injury must occur.
D) the contact must be with a person's body.

Question 29

Julia threatens to hit Kathleen, but does not actually do so. Julia is guilty of which of the following?

A) Assault only
B) Battery only
C) Assault and battery
D) Defamation

Question 30

Battery is

A) any communication or action intended to make another person apprehensive or fearful of immediate physical harm.
B) harmful or offensive physical contact intentionally performed.
C) harmful or offensive physical contact unintentionally performed.
D) All of these choices are correct.

Question 31

Albert is guilty of defamation. This is an example of which of the following?

A) An intentional tort
B) An unintentional tort
C) A misdemeanor
D) A civil crime

Question 32

Ralph offensively grabs George's wife Olivia while they are all playing miniature golf. George hits Ralph with his golf club and breaks Ralph's arm. Ralph sues George for assault and battery. George can use which of the following defenses?

A) Consent
B) Self-defense
C) Defense of others
D) Defense of property

Question 33

Which of the following is not a defense to assault and battery charges?

A) Consent
B) Self-defense
C) Defense of others
D) None of these choices is correct.

Question 34

Which of the following is not an example of an intentional tort?

A) Assault and battery
B) False imprisonment
C) Defamation
D) Forgery

Question 35

Jack lunges at Linda while brandishing a knife and shouting that he is going to kill her. Jack's actions are an example of which of the following?

A) Assault
B) Forgery
C) False imprisonment
D) Defamation

Question 36

Which of the following is a defense to assault and battery?

A) Consent
B) Self-defense
C) Defense of property
D) All of these choices are correct.

Question 37

False imprisonment is

A) the intentional confinement or restraint of another person's activities without justification.
B) any communication or action intended to make another person apprehensive or fearful of immediate physical harm.
C) harmful or offensive physical contact intentionally performed.
D) harmful or offensive physical contact unintentionally performed.

Question 38

An assault is

A) any communication or action intended to make another person apprehensive or fearful of immediate physical harm.
B) harmful or offensive physical contact intentionally performed.
C) harmful or offensive physical contact unintentionally performed.
D) All of these choices are correct.

Question 39

Which of the following is not an example of an intentional tort?

A) Assault and battery
B) False imprisonment
C) Defamation
D) Appropriation
E) None of these choices is correct.

Question 40

Which of the following is not a defense to assault and battery charges?

A) Consent
B) Self-defense
C) Defense of others
D) Ignorance of the law

Question 41

Theodore intentionally restrains Joan against her will. This is an example of which of the following?

A) Trespass against the person
B) Assault
C) Battery
D) False imprisonment

Question 42

Actionable behavior is

A) not capable of serving as a basis for a lawsuit.
B) acceptable in society.
C) capable of serving as a basis for a lawsuit.
D) None of these choices is correct.

Question 43

Intentional infliction of emotional distress is

A) an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another.
B) a false statement communicated orally to a third party.
C) any communication or action intended to make another person apprehensive or fearful of immediate physical harm.
D) harmful or offensive physical contact intentionally performed.

Question 44

Behavior that is capable of serving as grounds for a lawsuit is called

A) justifiable.
B) actionable.
C) probable.
D) reasonable.

Question 45

Dave ties Manuel to a post with a rope and tells Manuel that he will kill him if Manuel tries to escape. Dave is guilty of which of the following?

A) False imprisonment
B) Slander
C) Libel
D) Defamation

Question 46

Maggie tells all her coworkers that her neighbor Phyllis has been imprisoned for murder. Phyllis has not, however, even been accused of murder. Maggie is guilty of which of the following?

A) False imprisonment
B) Slander
C) Libel
D) Indecency
E) Slander and libel

Question 47

Mary is caught shoplifting in John's Flower Shop. John detains Mary against her will for questioning, and Mary subsequently sues him for false imprisonment. John can use which of the following defenses?

A) Probable cause
B) Justifiable detainer
C) Necessary detainer
D) Reasonable cause

Question 48

Defamation is which of the following?

A) An intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another
B) A false statement communicated orally to a third party
C) Wrongfully hurting a person's good reputation
D) Harmful or offensive physical contact intentionally performed

Question 49

Which of the following is an element of intentional infliction of emotional distress?

A) Outrageous conduct by the defendant
B) Intent
C) Severe emotional distress by the plaintiff
D) All of these choices are correct.

Question 50

Which of the following refers to false statements published or publicly spoken that cause injury to another's good name, reputation, or character?

A) Privileged speech
B) Tort
C) Intentional infliction of emotional distress
D) Defamation

Question 51

is intentional, extreme, and outrageous conduct resulting in severe emotional distress to another.

A) Negligent infliction of emotional distress
B) Intentional infliction of emotional distress
C) Actual malice
D) False imprisonment

Question 52

For a shop owner's defense of probable cause against a false imprisonment suit from a suspected shoplifter to be successful, which of the following must be true?

A) Force must have been used to detain the suspect.
B) The duration of the detention must have been reasonable.
C) The suspect must have tried to resist being detained.
D) Force must have been used to detain the suspect, and the duration of the detention must have been reasonable.

Question 53

Means of confinement not considered to be false imprisonment which of the following?

A) Physical barriers
B) Physical restraint
C) Threats of physical force
D) None of these choices is correct.

Question 54

A store can defend against detaining a suspected shoplifter by arguing

A) probable cause.
B) justifiable detainer.
C) necessary detainer.
D) reasonable cause.

Question 55

Means of confinement considered to be false imprisonment include which of the following?

A) Physical barriers
B) Physical restraint
C) Threats of physical force
D) All of these choices are correct.

Question 56

occurs when a false statement is communicated to a third party orally; occurs when the falsity is conveyed in writing or another published form.

A) Defamation; slander
B) Libel; defamation
C) Slander; libel
D) Libel; slander

Question 57

Elements of false imprisonment include which of the following?

A) Intent to confine or restrain a person
B) Actual confinement in boundaries not of the plaintiff's choosing
C) Harmful or offensive physical contact intentionally performed
D) Intent to confine or restrain a person and actual confinement in boundaries not of the plaintiff's choosing
E) Intent to confine or restrain a person, actual confinement in boundaries not of the plaintiff's choosing, and harmful or offensive physical contact intentionally performed

Question 58

If a shop owner wishes to use the defense of probable cause against a charge of false imprisonment from a suspected shoplifter, he or she must make sure that

A) food and water was available to the suspected shoplifter while he or she was detained.
B) the duration of the detention was less than fifteen minutes.
C) the duration of the detention must have been reasonable.
D) All of these choices are correct.

Question 59

Morgan sees Sydney steal something from her shop. Which of the following is true in this scenario?

A) Morgan can detain Sydney under the privilege to restrain.
B) Morgan can detain Sydney under the privilege to detain.
C) Morgan can detain Sydney under the privilege to delay.
D) Morgan cannot detain Sydney.

Question 60

Elements of false imprisonment do not include which of the following?

A) Intent to confine or restrain a person
B) Actual confinement in boundaries not of the plaintiff's choosing
C) Harmful or offensive physical contact intentionally performed
D) Intent to confine or restrain a person and actual confinement in boundaries not of the plaintiff's choosing

Question 61

The torts of wrongful interference with a contractual relationship and wrongful interference with a business relationship are called torts.

A) interference
B) contractual
C) competitive
D) business

Question 62

Which of the following constitutes an invasion of privacy?

A) Using a person's name in an advertisement without permission
B) Eavesdropping by wiretap
C) Public disclosure of private financial affairs
D) All of these choices are correct.
E) None of these choices is correct.

Question 63

Appropriation is

A) an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another.
B) a false statement communicated orally to a third party.
C) wrongfully hurting a person's good reputation.
D) the use by one person of another person's name, likeness, or other identifying characteristic, without permission and for the benefit of the user.

Question 64

Carol writes Silvia a private letter accusing her of embezzling funds. Silvia has never embezzled funds. Carol is guilty of which of the following?

A) Defamation
B) Slander
C) Libel
D) None of these choices is correct.

Question 65

Use by one person of another person's name, likeness, or other identifying characteristic, without permission and for the benefit of the use, is which of the following torts?

A) Intellectual breach
B) Trademark breach
C) Appropriation
D) Misappropriation

Question 66

If a statement is made with either knowledge of falsity or a reckless disregard of the truth, then it is said to be made with which of the following?

A) Actual malice
B) Slander
C) Rude intent
D) Malicious intent

Question 67

The U.S. Supreme Court has held that a fundamental right to privacy is implied by which of the following?

A) The New Deal
B) The Declaration of Independence
C) Amendments to the U.S. Constitution
D) The USA Patriot Act

Question 68

Which of the following is not an element of wrongful interference with a contractual relationship?

A) The interference was justified as good faith competitive behavior.
B) A third party knows that the contract exists.
C) The third party intentionally causes either of the two parties to breach the contract.
D) A valid, enforceable contract exists between two parties.

Question 69

A(n) leads another to believe in a condition that is different from the condition that actually exists.

A) publication
B) allegorical statement
C) misrepresentation
D) metaphorical statement

Question 70

Communicating defamatory statements to persons other than the defamed party is called

A) slander.
B) libel.
C) publication.
D) defamation.

Question 71

Which of the following is an example of a false statement that is considered defamation per se?

A) A statement that a person has a loathsome communicable disease
B) A statement that a person has committed improprieties while engaging in a profession
C) A statement that a person has been imprisoned for a serious crime
D) All of these choices are correct.

Question 72

The elements of fraud include which of the following?

A) Damages suffered as a result of the reliance
B) Causal connection between the misrepresentation and the injury suffered
C) Justifiable reliance by the deceived party
D) All of these choices are correct.

Question 73

Raquel maliciously spreads false rumors to her classmates that her unmarried roommate Rena is unchaste and then publishes a letter in the student newspaper claiming that Rena is unchaste. Raquel is guilty of which of the following?

A) Slander only
B) Libel only
C) Slander and libel
D) Forgery

Question 74

Will is aware that a valid, enforceable contract exists between John and Fred. Will intentionally influences John to break his contract with Fred. Will is guilty of which of the following?

A) Wrongful interference with a contractual relationship
B) Slander
C) Defamation
D) Libel

Question 75

Jesse has been embezzling funds for years. Jane finds out and publishes a story about it in the paper. Jane is guilty of which of the following?

A) Defamation
B) Slander
C) Libel
D) None of these choices is correct.

Question 76

The Egg-Centric Newspaper publishes an article about Professor F.S.T. Amendment, a distinguished constitutional law professor at a local university. The article indicates how renowned he is in his field and discusses his consulting business with the local newspapers. In passing, it truthfully mentions that he worked his way through law school at a local strip-joint. The professor could sue for which tort?

A) Defamation
B) Invasion of privacy
C) Fraudulent misrepresentation
D) Intentional infliction of emotional distress

Question 77

If something is considered defamation per se it means that:

A) no proof of injury or harm is required for the false statement to be actionable.
B) proof of injury or harm is required for the false statement to be actionable.
C) the false statement is not considered defamation unless it is spoken.
D) the false statement is not considered defamation unless it is written.

Question 78

Dalia announces that she is the best horse trainer in the state and so everyone should bring their horses to her for training. Dalia is guilty of the tort of

A) fraud.
B) misrepresentation.
C) deceit.
D) None of these choices is correct.

Question 79

Which of the following constitutes breaching a duty to refrain from making false, defamatory statements in writing about another?

A) Slander
B) Malice
C) Defamation
D) Libel

Question 80

Which of the following qualifies as an invasion of privacy?

A) The use of a person's name, picture, or other likeness for commercial purposes without permission
B) Publication of information that places a person in a false light
C) The sharing of information between vendors
D) The use of a person's name, picture, or other likeness for commercial purposes without permission, and publication of information that places a person in a false light
E) The use of a person's name, picture, or other likeness for commercial purposes without permission; publication of information that places a person in a false light; and the sharing of information between vendors