Deck 9: Torts

Question 1

Careless actions that result in injuries to others usually are not deemed to be torts.

Answer 1

False

Question 2

Motive is an essential element of tort liability.

Answer 2

False

Question 3

A person who makes public information stored in a computer can never be held liable for invasion of privacy.

Answer 3

False

Question 4

"Tort" comes from the Latin term "tortus," which means "crooked, dubious, or twisted."

Question 5

A tort is a wrong arising from a violation of a private duty.

Question 6

Under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they believe has shoplifted.

Question 7

If a crime does not hurt an identifiable person, it is not a tort.

Question 8

Libel is the printed equivalent of the spoken form of defamation known as slander.

Question 9

The tort of false imprisonment requires the detention of a person without his or her consent.

Question 10

The tort of invasion of privacy always requires the misappropriation of another's name or likeness.

Question 11

Strict liability is one type of tort.

Question 12

The concept of strict liability is applied without regard to whether the defendant was at fault.

Question 13

A victim of a tort may sue and recover money damages.

Question 14

Civil (noncriminal) wrongs, including breaches of contract, are governed by tort law.

Question 15

Commercial exploitation is a form of invasion of privacy.

Question 16

For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.

Question 17

In terms of defamation liability, members of the United States Congress enjoy an absolute privilege when they are speaking on the floor of the Senate or the House of Representatives.

Question 18

The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.

Question 19

Offensive or derogatory language used by one person to describe another constitutes the tort of slander.

Question 20

The media enjoy a qualified privilege for stories that turn out to be false.

Question 21

The tort of invasion of privacy includes:

A)intrusion into private affairs.
B)public disclosure of private facts.
C)misappropriation of another's name.
D)all of the above.

Question 22

Defamation of a public figure requires what additional element?

A)intent
B)malice
C)causation
D)none of the above

Question 23

Torts arise from a violation of a ____ duty.

A)public
B)private
C)contractual
D)criminal

Question 24

Today, the widest range of tort liability arises in the field of negligence.

Question 25

Governments are generally immune from tort liability.

Question 26

John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for:

A)defamation.
B)wrongful interference with a contract.
C)intentional infliction of emotional distress.
D)trespass.

Question 27

In order to establish the tort of false imprisonment, a person must show imprisonment for:

A)any amount of time.
B)at least one minute.
C)at least ten minutes
D)at least one hour.

Question 28

A shopkeeper may lose the shopkeeper's privilege if:

A)the customer is kept an unreasonable amount of time.
B)the shopkeeper acted with reasonable suspicion.
C)the shopkeeper acted with -necessary force.
D)all of the above.

Question 29

Torts are classified as:

A)intentional only.
B)negligence only.
C)strict liability only.
D)intentional, negligence, and strict liability.

Question 30

Alice strikes Mary, but the action is not purposeful. Mary should sue Alice for:

A)an intentional tort.
B)negligence.
C)strict liability
D)absolute liability.

Question 31

Where the lawsuit is based on negligence, the defendant has the burden of proving himself or herself free of negligence.

Question 32

To determine whether the defendant is liable for negligence, a reasonable person standard is employed.

Question 33

A buyer who is dissatisfied with the service or product provided by a merchant cannot be charged with defamation for false statements made in an attempt to coerce the merchant to perform to the buyer's satisfaction.

Question 34

Truth is not a defense to defamation.

Question 35

The use of someone's car without that person's permission is a trespass to personal property.

Question 36

A wrong that arises from a violation of a private duty is called a:

A)criminal action.
B)tort.
C)crime.
D)de mala.

Question 37

Concerning torts and crimes, choose the correct statement:

A)Every tort is a crime.
B)Every crime is a tort.
C)No crime is a tort.
D)A crime may also be a tort.

Question 38

A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.

Question 39

Negligence can be proven without showing actual damage.

Question 40

Professionals have a duty to perform their functions at the same level as would a reasonable person.

Question 41

Which of the following is a defense to defamation?

A)slander
B)libel
C)truth
D)none of the above

Question 42

Professionals have a duty to perform their jobs at the level of:

A)a reasonable person.
B)a reasonable professional in the same business.
C)an extraordinarily careful person.
D)none of the above.

Question 43

Maria intentionally attempts to have Patty break a contract Patty has with Alfred. Maria will be liable under which theory of tort?

A)libel
B)product disparagement
C)contract interference
D)intentional infliction of emotional distress

Question 44

John was driving his car in a careless way, failing to drive as a reasonably prudent person would under the driving conditions. Ramona was crossing the street in a careless way, failing to cross as a reasonably prudent person would. John struck and injured Ramona with the car John was driving. At trial, it was determined that John was 80 percent at fault and that Ramona was 20 percent at fault. The injuries sustained amounted to $100,000. Explain how much, if any, recovery Ramona would receive in a state that applies the contributory negligence rule. Do the same thing for a state that applies the comparative negligence rule.

Question 45

Trespass applies to:

A)personal property only.
B)land only.
C)both personal property and land.
D)only government-owned property.

Question 46

The degree of care required of a person is:

A)that degree of care the person exercised in the situation at hand.
B)that degree of care an extraordinary person would exercise under similar circumstances.
C)that degree of care an ordinarily prudent person would exercise under similar circumstances.
D)none of the above.

Question 47

An absolute privilege is available as a defense to slander liability when:

A)the statement is made to only a few people.
B)libel exists.
C)a witness testifies in a court proceeding.
D)no intent to harm is present.

Question 48

If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received, what negligence has occurred?

A)criminal
B)contributory
C)personal
D)prejudicial

Question 49

A local newspaper devotes its New Year's Day issue to people who have performed heroically during the past year. One of the people included in the article was Janet, a local actress. Eight months earlier, a fire started in the theater while she was in the middle of a performance. Rather than running out, she stayed to help frightened members of the audience get out of the theater. The New Year's article stated that Janet had been unable to find work as an actress because of burns to her hands and feet and that, as a result, she owes a great deal of money. Janet sued the newspaper for invasion of privacy. Based on what you have learned in this chapter, how should the case be decided?

Question 50

Oral or spoken defamation is:

A)slander.
B)libel.
C)privilege.
D)perjury.

Question 51

Comparative negligence:

A)has been rejected by most of the states.
B)allows a comparison of negligence between plaintiff and defendant.
C)has been held to be applicable in all states, regardless of the extent of the plaintiff's own negligence.
D)is a bar to recovery under common law.

Question 52

Trespass to personal property requires:

A)the personal property to be connected to real property.
B)destroying the personal property..
C)the invasion of personal property regardless of whether the owner grants permission.
D)the invasion of personal property without the permission of the owner.

Question 53

What type of damages is recoverable when the defendant's tortious conduct is accompanied by fraud, malice, or willful or wanton conduct?

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

Question 54

Slander of title and trade libel are collectively known as product __________.

A)divestiture
B)disparagement
C)dilution
D)diversion

Question 55

The widest range of tort liability arises in the area of:

A)negligence.
B)absolute liability.
C)violation of statute.
D)assumption of risk.

Question 56

The concept of immunity from liability means that:

A)one who harms another can be held liable only for voluntary acts.
B)certain persons are not subject to tort liability.
C)one who harms another without intending to do so is not subject to tort liability.
D)one who harms a child can never be sued by the parents of the injured child.

Question 57

Philip Laws leased an apartment from Candice Sutton. Laws had notified Sutton on more than one occasion that the wooden steps to his apartment were decaying and in need of repair. Laws claimed that he had to leave the outside light on to avoid portions of the steps that no longer would bear his weight when he came in at night. Sutton promised to repair the steps while Laws was away on a business trip. Accordingly, Laws did not leave lights on during his absence. When he returned three nights later, Laws was injured when one of the steps broke under his weight as he was entering his apartment. Laws sued Sutton. Sutton replied that she should not bear liability for Laws' injury because Laws knew of the condition of the steps and had not taken the customary precaution of lighting the area. Based on what you have learned in this chapter, decide the case.