Deck 7: Infliction of Emotional Distress

Question 1

A plaintiff charging a media defendant with intentional infliction of emotional distress must show that the defendant published a false statement of fact with ________.

Answer 1

actual malice or constitutional malice

Question 2

MATCHING
a.pain and suffering
b.intentional infliction of emotional distress
c.public figure
d.zone of danger
e.physical injury
f.negligent infliction of emotional distress
g.outrage
h.desire or knowledge with substantial certainty
i.extreme or outrageous conduct
totally intolerable, shocking behavior

Answer 2

I

Question 3

When can a public official or public figure successfully sue a media defendant for intentional infliction of emotional distress?

Answer 3

when the public official or public figure proves that the media published a false statement of fact and either knew the statement was false or published it in reckless disregard of whether it was true or false (actual malice)

Question 4

President Clinton did not commit intentional infliction of emotional distress (outrage) against Paula Corbin Jones

A)because he did not intend to inflict severe emotional distress
B)because what he did was not sufficiently extreme and outrageous

Question 5

MATCHING
a.pain and suffering
b.intentional infliction of emotional distress
c.public figure
d.zone of danger
e.physical injury
f.negligent infliction of emotional distress
g.outrage
h.desire or knowledge with substantial certainty
i.extreme or outrageous conduct
one who has assumed special prominence

Question 6

Most courts allow NIED claims if the emotional distress was foreseeable to the defendant because the plaintiff was in the zone of danger, and the plaintiff suffered substantial physical symptoms as a result of the distress.

Question 7

Every criminal assault is also an intentional infliction of emotional distress.

Question 8

Pain and suffering is physical discomfort or emotional distress that results from being the victim of a tort.

Question 9

You are liable for every emotional distress that you cause.

Question 10

MATCHING
a.pain and suffering
b.intentional infliction of emotional distress
c.public figure
d.zone of danger
e.physical injury
f.negligent infliction of emotional distress
g.outrage
h.desire or knowledge with substantial certainty
i.extreme or outrageous conduct
causing severe emotional distress intentionally

Question 11

The same conduct can constitute a traditional intentional tort such as battery, as well as the tort of intentional infliction of emotional distress.

Question 12

MATCHING
a.pain and suffering
b.intentional infliction of emotional distress
c.public figure
d.zone of danger
e.physical injury
f.negligent infliction of emotional distress
g.outrage
h.desire or knowledge with substantial certainty
i.extreme or outrageous conduct
a wound, cut, or other detrimental change to the body

Question 13

MATCHING
a.pain and suffering
b.intentional infliction of emotional distress
c.public figure
d.zone of danger
e.physical injury
f.negligent infliction of emotional distress
g.outrage
h.desire or knowledge with substantial certainty
i.extreme or outrageous conduct
another name for intentional infliction of emotional distress

Question 14

Creating a very great risk that something will occur constitutes ________.

Question 15

Tom points a loaded gun at a ten-year-old child.The child runs away laughing.

A)Tom has committed intentional infliction of emotional distress because his conduct toward the child was obviously outrageous.
B)Tom has not committed intentional infliction of emotional distress because the facts suggest that the child did not suffer extreme emotional distress.

Question 16

MATCHING
a.pain and suffering
b.intentional infliction of emotional distress
c.public figure
d.zone of danger
e.physical injury
f.negligent infliction of emotional distress
g.outrage
h.desire or knowledge with substantial certainty
i.extreme or outrageous conduct
the area within which it is foreseeable that someone may be injured

Question 17

MATCHING
a.pain and suffering
b.intentional infliction of emotional distress
c.public figure
d.zone of danger
e.physical injury
f.negligent infliction of emotional distress
g.outrage
h.desire or knowledge with substantial certainty
i.extreme or outrageous conduct
intent

Question 18

Intentional torts can cause a great deal of harm.Why isn't every intentional tort also an intentional infliction of emotional distress?

Question 19

MATCHING
a.pain and suffering
b.intentional infliction of emotional distress
c.public figure
d.zone of danger
e.physical injury
f.negligent infliction of emotional distress
g.outrage
h.desire or knowledge with substantial certainty
i.extreme or outrageous conduct
emotional distress

Question 20

MATCHING
a.pain and suffering
b.intentional infliction of emotional distress
c.public figure
d.zone of danger
e.physical injury
f.negligent infliction of emotional distress
g.outrage
h.desire or knowledge with substantial certainty
i.extreme or outrageous conduct
causing severe emotional distress carelessly

Question 21

Under what circumstances will most states grant a plaintiff (bystander) recovery for negligent infliction of emotional distress when the plaintiff witnesses someone else's injury?