Deck 5: Intentional Torts and Negligence

Question 1

Libel is defined as ________.

A) the unauthorized use of harmful force on a person to effect physical injury
B) a False statement that appears in writing or any other fixed medium
C) the intentional confinement of a person without authority or without the person's consent
D) an oral defamation of a person's character

Answer 1

B

Question 2

The ________ says a person whose extreme conduct recklessly causes severe emotional distress to another person is liable for that emotional distress.

A) tort of outrage
B) shopkeeper's privilege doctrine
C) doctrine of professional malpractice
D) Good Samaritan law

Answer 2

A

Question 3

Gary Govetty is a famous movie star.A tabloid published an interview with his ex-girlfriend in which she Falsely claimed that Gary was completely bald and had been wearing a wig for several years.Gary can sue his ex-girlfriend for ________.

A) libel
B) invasion of the right to privacy
C) tort of appropriation
D) negligence

Answer 3

A

Question 4

________ refers to a lawsuit wherein the plaintiff from a previous lawsuit becomes the defendant and vice versa.

A) Slander
B) Trade libel
C) Malicious prosecution
D) Defamation of character

Question 5

________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.

A) Invasion of the right to privacy
B) Tort of appropriation
C) Defamation of character
D) Disparagement

Question 6

Which of the following actions would make Sarah liable for battery?

A) She publishes an article defaming the current U.S. president.
B) She extends the boundary of her plot of land by encroaching two feet of her neighbor's plot.
C) She smuggles marijuana into the country.
D) She slaps her ex-husband because he denied her alimony.

Question 7

Michael,who wanted to shoot Gary,accidentally shot and injured Stella instead.Which of the following can Stella invoke to recover damages from Michael?

A) strict liability doctrine
B) attractive nuisance doctrine
C) special negligence doctrine
D) transferred intent doctrine

Question 8

Harvey and Raymond did not get along well at their college reunion.Offended by something Raymond mentioned,Harvey punched him in the face and broke his jaw.Harvey is liable for ________.

A) negligence
B) disparagement
C) battery
D) embezzlement

Question 9

One student actor wins a part in a play over another student actor.To get back at the winning student,the rejected student files a lawsuit against the winning student alleging intentional infliction of emotional distress,defamation,and negligence.The jury returns a verdict exonerating the defendant.The defendant is now entitled to sue the plaintiff for ________.

A) tort of outrage
B) malicious prosecution
C) intentional misrepresentation
D) negligence

Question 10

Oral defamation of character is termed ________.

A) encomium
B) commendation
C) libel
D) slander

Question 11

Sending an objectionable telegram to a third party under the False pretenses of another person is an example of ________.

A) invasion of the right to privacy
B) assault
C) battery
D) intentional misrepresentation

Question 12

Which of the following is true of Good Samaritan laws?

A) They relieve doctors from liability for ordinary negligence when they render aid to victims in emergency situations.
B) They exempt doctors from liability for gross negligence when they render aid to victims in emergency situations.
C) They absolve doctors from liability for injuries caused by reckless conduct when they render aid to victims in emergency situations.
D) They free doctors from liability for injuries caused by intentional conduct when they render aid to victims in emergency situations.

Question 13

A(n)________ arises when a perpetrator aims to deceive an innocent party by knowingly resorting to False misrepresentation.

A) inadvertent tort
B) unintentional tort
C) scienter
D) negligent action

Question 14

Which of the following statements is true of battery?

A) It is considered an unintentional tort that the law considers to be trivial in nature.
B) It is a legally sanctioned use of force on a particular individual.
C) It is considered an act of negligence on the part of the perpetrator.
D) It entails harmful and unauthorized contact between victim and perpetrator.

Question 15

Which of the following is true of merchant protection statutes?

A) They allow merchants to detain shoplifters without being held liable for False imprisonment.
B) They allow merchants to detain suspects for as long as the merchants deem necessary.
C) They allow merchants to interrogate suspected shoplifters using forceful, coercive methods.
D) They allow merchants to exact reasonable payments from suspects as a punitive measure.

Question 16

Libel and slander constitute ________.

A) negligence
B) defamation of character
C) the tort of appropriation
D) professional malpractice

Question 17

A person who attempts to appropriate another living person's name for commercial purposes is liable for ________.

A) misappropriation of the right to publicity
B) battery
C) negligence
D) invasion to the right to privacy

Question 18

A violation of a person's privilege to live his or her life without being subjected to undesired publicity constitutes the tort of ________.

A) invasion of the right to privacy
B) product disparagement
C) slander of title
D) trade libel

Question 19

The tort of defamation of character requires a plaintiff to prove that the defendant ________.

A) assaulted the plaintiff while threatening to cause unauthorized physical harm
B) impersonated the plaintiff for commercial purposes
C) published an untrue statement of fact about the plaintiff to a third party
D) made one or more financial deals with the plaintiff under a False identity

Question 20

The intentional confinement of another person without authority and without that person's consent is termed ________.

A) extortion
B) False imprisonment
C) assault
D) embezzlement

Question 21

The plaintiff in a product liability lawsuit has suffered $100,000 worth of damages from an automobile accident.A defect in manufacture of the plaintiff's vehicle is found to be 35 percent responsible for the accident,while the plaintiff's own negligence is 65 percent responsible.Under the doctrine of partial comparative negligence,how much would the defendant-the manufacturer of the vehicle-have to pay the plaintiff in damages?

A) $60,000
B) $40,000
C) $100,000
D) The defendant would not have to pay any amount in damages.

Question 22

The threat of immediate harm or offensive contact is termed as ________.

A) battery
B) assault
C) disparagement
D) libel

Question 23

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

A) Misrepresentation
B) Negligence
C) Disparagement
D) Fraud

Question 24

Which of the following instances depict the tort of outrage?

A) A farmer's crops are stolen by an unidentified miscreant.
B) A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress.
C) A cosmetics company uses Julia Roberts' image in its advertisements without her consent to depict her as its brand ambassador.
D) A beverage-manufacturer claims that its competitor uses coffee beans of poor quality.

Question 25

Prado Loyola is a race-car driver who has signed an agreement with the racing team Provolt.The agreement states that Provolt is not responsible for the dangers involved in racing and that Loyola participates in all car races voluntarily,with full knowledge of the risk of injury or death that might result as a consequence.During the course of a race,a slight drizzle that covers the windshield affects Loyola's visibility and he misses a turn,resulting in a crash.Which of the following defenses can the Provolt team cite to protect itself from liability in the event that Loyola sues them?

A) res ipsa loquitur
B) assumption of the risk
C) private necessity
D) breach of the duty of care

Question 26

Which of the following best defines the tort of battery?

A) unauthorized and harmful physical contact with another person that causes injury
B) attempt to appropriate another person's identity for commercial purposes
C) oral or written defamation of another person's character
D) intentional confinement or restraint of another person without that person's consent

Question 27

Which of the following can a defendant raise a defense against a plaintiff who voluntarily participated in an activity that had a high probability of resulting in injury to the plaintiff?

A) superseding event
B) comparative fault
C) assumption of risk
D) intervening event

Question 28

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

A) It is considered an unintentional tort by the law.
B) It characterizes any action that arouses apprehension of imminent harm.
C) It is considered a negligent action that is punishable by the attractive nuisance doctrine.
D) It requires actual physical contact between plaintiff and defendant.

Question 29

Under the ________ doctrine,damages are apportioned according to fault.

A) contributory negligence
B) comparative fault
C) transferred intent
D) attractive nuisance

Question 30

The general test of ________ is foreseeability.

A) legal cause
B) causation in fact
C) actual cause
D) direct cause

Question 31

Which of the following is true of the doctrine of contributory negligence?

A) It states that a plaintiff and a defendant must share damages according to the fraction of fault assigned to each of them.
B) It states that a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.
C) It states that a plaintiff must be less than 50 percent responsible for causing his or her own injuries to recover under contributory negligence.
D) It states that a plaintiff must be more than 50 percent responsible for causing his or her own injuries to recover under contributory negligence.

Question 32

Diane bought an action figure for her son David from Terrence's Toy Shop.The packaging did not mention that the toy contained small detachable parts.David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital.On which of the following product liability charges can Diane sue Terrence's Toy Shop for damages?

A) negligence
B) deceit
C) fraud
D) disparagement

Question 33

Intentional misrepresentation occurs when a seller ________.

A) fails to warn customers about the dangerous propensities of a product
B) shows negligence in product design
C) fails to assemble a product carefully
D) conceals a defect in a product

Question 34

Tina Harley was on her way home when an assailant stopped her car and threatened to physically harm her if he ever saw her drive on that street again.Tina can sue the assailant to recover damages for ________.

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

Question 35

Under negligence,a person is liable only for ________ events.

A) intervening
B) foreseeable
C) superseding
D) supervening

Question 36

Bartie's,Inc.sells watercolors and pastels that are marketed as safe for use by children.However,several accounts of lead poisoning were reported in children who used the products.An investigation revealed that the company was knowingly manufacturing colors that contained toxic amounts of the heavy metal.Which of the following torts has Bartie's,Inc.committed?

A) battery
B) disparagement
C) deceit
D) professional malpractice

Question 37

The violation of a statute that proximately causes an injury is termed as ________.

A) disparagement
B) res ipsa loquitur
C) negligence per se
D) misappropriation

Question 38

Which of the following torts constitutes battery?

A) trespassing into private property
B) hacking into an individual's personal computer
C) embezzling funds in a company
D) punching a person in the abdomen

Question 39

In order to use the defense of assumption of risk,the defendant has to prove that the plaintiff ________.

A) assumed there was no risk involved and entered into the activity that injured him or her
B) was injured after the defendant's liability for the risk ended
C) was injured in an activity that had no risk of any manner
D) had knowledge of the specific risk and voluntarily presumed the risk

Question 40

According to the ________ doctrine,a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

A) contributory negligence
B) attractive nuisance
C) transferred intent
D) comparative negligence

Question 41

________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

A) Res ipsa loquitur
B) Negligence per se
C) Doctrine of proximate cause
D) Doctrine of comparative negligence

Question 42

Bill buys a truck and replaces the regular tires with large tires to turn the vehicle into a monster truck.When he tries to drive the truck,the oversized tires cause the truck to roll over and crash.Bill then files a strict liability lawsuit against the truck manufacturer to recover for his injuries.Which of the following is the best defense for truck manufacturer in this lawsuit?

A) comparative negligence
B) assumption of the risk
C) professional malpractice
D) superseding event

Question 43

According to the ________ doctrine,a participant in a covered activity will be held liable for any injuries caused by the activity,even if he or she was not negligent.

A) strict liability
B) transferred intent
C) professional malpractice
D) attractive nuisance

Question 44

Which of the following statements is true about strict liability?

A) It is imposed for abnormally dangerous activities.
B) It exempts persons who have not been negligent during the covered activity.
C) It arises from a liability with fault.
D) It holds that the public can be protected from any risk of injury if reasonable care is taken.

Question 45

Which of the following is an intentional tort?

A) breach of duty of care
B) defect in product manufacture
C) disparagement
D) negligence

Question 46

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

A) Good Samaritan law
B) Shopkeeper's privilege
C) Duty of care
D) Res ipsa loquitur

Question 47

________ liability is defined as liability without fault.

A) Absolute
B) Contingent
C) Fixed
D) Strict

Question 48

In order to claim damages for negligence per se,the plaintiff has to prove that ________.

A) the defendant was in exclusive control of the situation
B) the plaintiff was within a class of persons meant to be protected by a violated statute
C) the defendant made a False representation of material fact
D) the plaintiff was affected by malicious statements made by the defendant about his/her character

Question 49

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed as ________.

A) libel
B) res ipsa loquitur
C) slander
D) duty of care

Question 50

The doctrine that shifts the burden of proof from the plaintiff to the defendant is the ________ doctrine.

A) negligence per se
B) res ipsa loquitur
C) Good Samaritan
D) professional malpractice

Question 51

Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement.He dies in his mother's arms,leaving her traumatized.The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________.

A) misappropriation of the right to publicity
B) invasion of the right to privacy
C) negligent infliction of emotional distress
D) malicious prosecution

Question 52

Intentionally creating a False fire alarm in a hospital is an example of ________.

A) tort appropriation
B) a breach of Good Samaritan laws
C) a breach of duty of care
D) tort of res ipsa loquitur

Question 53

Making False statements about a competitor's products,services,property,or business reputation could make a company liable for ________.

A) invasion of the right to privacy
B) tort of appropriation
C) disparagement
D) misappropriation of the right to publicity

Question 54

The plaintiff in a product liability lawsuit has suffered $100,000 worth of damages from an automobile accident.A defect in manufacture of the plaintiff's vehicle is found to be 60 percent responsible for the accident,while the plaintiff's own negligence is 40 percent responsible.Under the doctrine of contributory negligence,how much would the defendant-the manufacturer of the vehicle-have to pay the plaintiff in damages?

A) $60,000
B) $40,000
C) $100,000
D) The defendant would not have to pay any amount in damages.

Question 55

What is meant by "causation in fact"?

A) a defendant's counter-lawsuit against malicious prosecution
B) a defendant's negligent act led to the plaintiff's injuries
C) a defendant's defense against a case of negligence
D) a defendant's plea of guilt due to negligence

Question 56

The plaintiff in a product liability lawsuit has suffered $100,000 worth of damages from an automobile accident.A defect in manufacture of the plaintiff's vehicle is found to be 60 percent responsible for the accident,while the plaintiff's own negligence is 40 percent responsible.Under the doctrine of comparative negligence,how much would the defendant-the manufacturer of the vehicle-have to pay the plaintiff in damages?

A) $60,000
B) $40,000
C) $100,000
D) The defendant would not have to pay any amount in damages.

Question 57

Under the ________,a plaintiff must be less than 50 percent responsible for causing his or her own injuries.

A) contributory negligence
B) merchant protection statute
C) attractive nuisance doctrine
D) partial comparative negligence doctrine

Question 58

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

A) Tort of outrage
B) Transferred intent doctrine
C) Disparagement
D) Unintentional tort

Question 59

________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

A) Causation in fact
B) Actual cause
C) Direct cause
D) Proximate cause

Question 60

If a lawyer fails to file a document with the court on time,causing his client's case to be dismissed,he would be liable for ________.

A) professional malpractice
B) intentional misrepresentation
C) tort of appropriation
D) defamation

Question 61

The tort of outrage states that a person whose extreme conduct intentionally causes severe emotional distress to another person is liable for that emotional distress.

Question 62

Assault is defined as unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury.

Question 63

Partial comparative negligence provides that a plaintiff must be less than 50 percent responsible for causing his or her own injuries to recover under comparative negligence.

Question 64

An event for which a defendant is not responsible is called a foreseeable event.

Question 65

Duty of care refers to the obligation people owe each other not to cause any unreasonable harm or risk of harm.

Question 66

A person who commits a negligent act is liable unless actual cause can be proven.

Question 67

In a tort of appropriation case,the plaintiff can recover the unauthorized profits made by the offending party.

Question 68

The publication of an untrue statement of fact is equivalent to the publication of an opinion.

Question 69

A person who attempts to appropriate a living person's name or identity for commercial purposes is liable for tort of outrage.

Question 70

Under the doctrine of unintentional tort,a person is liable for harm that is the unforeseeable consequence of his or her actions.

Question 71

Oral defamation of character is known as libel.

Question 72

A False statement that appears in writing or other fixed medium is termed slander.

Question 73

An intentional tort requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries.

Question 74

The intentional defrauding of a person out of money,property,or something else of value is defined as malicious prosecution.

Question 75

A malicious prosecution arises when the plaintiff from a previous lawsuit becomes the defendant and vice versa.

Question 76

Contributory negligence is a doctrine which advocates that damages are apportioned according to fault.

Question 77

The defense of assumption of the risk can be used by a defendant against a plaintiff who voluntarily participates in a risky activity that results in injury.

Question 78

The transferred intent doctrine allows merchants to stop,detain,and investigate suspected shoplifters without being held liable for False imprisonment.

Question 79

The intentional confinement of another person without justification and without that person's consent is defined as False imprisonment.

Question 80

Legal cause is defined as a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.