Deck 11: The Law of Torts

Question 1

One can be found liable for an intentional tort even if they have no conscious desire to cause harm.

Answer 1

True

Question 2

Intentional tort known as invasion of privacy exists to protect a person's reputation or character.

Answer 2

False

Question 3

Because tort law is based on the Statute of Westminster, new causes of action rarely emerge.

Answer 3

False

Question 4

Tort cases are generally tried to

A) judges.
B) juries.
C) split equally between judges and juries.
D) None of the above is correct.

Question 5

In which of the following cases has an assault occurred?

A) Bob pulls an unloaded gun on Ruby and threatens to shoot her.
B) Bob threatens Jim that if he ever sees him around Ruby again, he will shoot him with a sawed-off shotgun.
C) Nadine shoots Ruby in the back with a .38 caliber gun.
D) All of the above are correct.

Question 6

For the average consumer, recovering damages under negligence and warranty are excellent alternatives to recovering under strict liability.

Question 7

Contributory negligence is a defense in all 50 states.

Question 8

A person who causes injury to a victim is called a _____.

A) plaintiff
C) writ
B) tortfeasor
D) None of above is correct.

Question 9

In a negligence case, the harm caused must be foreseeable by the defendant.

Question 10

In a case of comparative negligence, the party that the court determines is most liable pays the full damage amount.

Question 11

Modern tort law includes

A) intentional torts.
B) negligence.
C) strict liability.
D) All of the above are correct.

Question 12

To recover damages, a plaintiff in a product liability case has to prove that a product was unreasonably dangerous and that the defect proximately caused the injury.

Question 13

The essential function of tort law includes

A) defining civil wrongs as antisocial behaviors.
B) deterring people from engaging in bad behavior.
C) compensating victims for civil injuries.
D) All of the above are correct.

Question 14

Only legislative bodies can create tort causes of action.

Question 15

If a person is defamed in a newspaper, the person would be entitled to sue for libel.

Question 16

Assumption of risk is a defense commonly associated with negligence cases.

Question 17

If a criminal defendant is acquitted in a criminal trial, he or she can still be subsequently sued in civil court.

Question 18

A civil assault involves an unpermitted, unprivileged, intentional contact with another's body.

Question 19

Tort law makes antisocial behavior a civil wrong.

Question 20

American tort law has its origins in the common law writs of trespass.

Question 21

Defendant was the owner and operator of the Argonne Apartments in the city of Seattle.Plaintiff had been a tenant in one of the apartments for approximately a year prior to April 29.On this day, the plaintiff had made arrangements to move to another apartment house.When moving men came for her furniture, the defendant landlord appeared on the scene with a pistol in hand and threatened to shoot them full of holes if they moved a single article belonging to the plaintiff.Soon thereafter, standing only a few feet from the plaintiff, the landlord pointed the pistol at her face and threatened to shoot her.Which tort(s), if any, has been committed?

A) Assault
B) Battery
C) Both a and b are correct.
D) None of the above; he only threatened harm.

Question 22

If someone is harmed by a product, they might recover damages based on

A) strict liability.
B) negligence.
C) breach of warranty.
D) All of the above are correct.

Question 23

While shopping with her mother in Arnold's Super Market, eight-year-old Janet was allowed to roam around freely.Without her mother's knowledge, Janet opened a jar of jelly and spilled the contents on the floor.Two hours later while intently watching a good-looking butcher, a shopper named Bernadette slipped on the jelly and broke her leg.Bernadette sued the supermarket.Since Bernadette was looking at the butcher and not where she was going, the following defense might be successfully asserted against her:

A) Imputed negligence
C) Contributory negligence
B) Proximate cause
D) Negligence per se

Question 24

Gordon escaped from authorities in Vermont.While in Maine, he and a friend experienced engine trouble and began to look for another vehicle.They spotted a Chevelle parked in a private driveway with the keys in it.The friend got in the car, while Gordon pointed a gun at the car's owner and told him that they would take care of the car and get it back as soon as possible.In a subsequent high-speed chase with officers, the Chevelle was driven off the road, wrecked, and abandoned.Which of the following torts did Gordon commit in this incident?

A) Assault
C) Conversion
B) Trespass
D) All of the above are correct

Question 25

Strict liability requires

A) that a plaintiff show lack of due care.
B) that a plaintiff must show the defendant had bad faith.
C) that an abnormally dangerous activity was involved.
D) All of the above are correct.

Question 26

Ed's Auto Shop repaired the left front and body of Maureen's car.Subsequently, she is injured in a head-on accident where her left headlight fails to illuminate properly.From the wreckage, it is determined that the headlight was disconnected.Expert engineers are prepared to testify that headlights "don't just become disconnected" and that the impact of the crash could not have caused the disconnection.In Maureen's case against Ed's for negligence in the repair of her vehicle, which doctrine will Maureen use to allow circumstantial evidence to prove that a breach in the standard of care caused her accident?

A) The long-arm statute
C) Res ipsa loquitur
B) Superseding intervening forces doctrine
D) Last chance clearance

Question 27

While shopping with her mother in Arnold's Super Market, eight-year-old Janet was allowed to roam around freely.Without her mother's knowledge, Janet opened a jar of jelly and spilled the contents on the floor.Two hours later while intently watching a good-looking butcher, a shopper named Bernadette slipped on the jelly and broke her leg.Bernadette sued the super market.Most likely, Arnold's is

A) liable for negligence.
B) not liable because Janet is the culprit.
C) not liable because the mother should have done something.
D) not liable because neither Jane nor her mother is an employee.

Question 28

A loans B his car "to go to the store and nowhere else." While B is on her way to the store, she decides to go sightseeing in A's car.Which tort, if any, has been committed?

A) No tort
C) Invasion of privacy
B) False imprisonment
D) Conversion

Question 29

When the driver of a car drives recklessly, crossing the center line in violation of the traffic laws and runs into another car, the driver is liable for

A) negligence per se.
C) conversion.
B) imputed negligence.
D) None of the above is correct.

Question 30

While on a flight to Germany, a passenger begins exhibiting the classic symptoms of cardiac arrest.Rather than landing along the Atlantic coast, the pilot decided to continue the ten-hour flight to Frankfurt.As a result of the delay in treatment, the passenger incurred substantial heart damage.The passenger's best cause of action against the airline would be for

A) battery.
C) negligence per se.
B) negligence.
D) strict liability.

Question 31

Defendants, a Nebraska bank and its wholly owned subsidiary travel agency, placed an advertisement bearing the name and picture of Mr.Carson, the well-known television personality and nightclub performer, in several newspapers and in a pamphlet distributed to bank customers.The advertisement concerned a travel tour to Las Vegas organized by the defendant, Travel Unlimited, Inc., which was called "Nebraskan Johnny Carson's Tour of Las Vegas." Mr.Carson was to be performing at a Las Vegas nightclub during the time scheduled for the tour, and tickets to his show were included in the tour package.Mr.Carson did not approve the use of his name and photograph, nor was he connected in any way with the travel venture.For which tort will he sue?

A) Defamation
C) Negligence
B) Invasion of privacy
D) Trespass to person

Question 32

In a state that has a comparative negligence statute, a jury determined that the plaintiff has sustained damages of $50,000 and that the percentages of fault are plaintiff 40 percent negligent, defendant 60 percent negligent.What would be the plaintiff's award of damages in this case?

A) $30,000, or 60 percent
B) $50,000, as she was negligent
C) Nothing because her negligence bars recovery
D) $10,000, or 20 percent, the comparative difference in their negligence

Question 33

The plaintiffs were detained at a store because employees believed they saw them shoplifting.Whether the store is entitled to protection from tort liability under a merchant protection statue or the common law will primarily depend on if

A) the detention was for a reasonable amount of time and in a reasonable manner.
B) the plaintiffs took valuable merchandise.
C) store employees conducted a full investigation before calling the police.
D) All of the above are correct.
E) None of the above is correct.

Question 34

A college student wrote a blog post and accused an instructor of rape, though he knew it to be untrue.The instructor sued the student, claiming

A) libel per se.
B) negligence per se.
C) trespass.
D) malicious prosecution.

Question 35

Which of the following is NOT an element of the tort of negligence?

A) Legal duty
B) Breach of the duty or failure to exercise required degree of care
C) Harm that is factually caused by the breach of the duty
D) All of the above are correct.

Question 36

A defamatory publication

A) is sometimes true.
B) is never true.
C) is always true.
D) None of the above is correct.

Question 37

In a case of malicious prosecution, one must prove

A) a threat to bring a lawsuit.
C) a spiteful complaint.
B) a successful plea bargain.
D) None of the above is correct.

Question 38

A state statute requires that ski areas be maintained and operated in a reasonably safe manner and prescribes methods by which skiers must be warned about the presence of equipment and vehicles on slopes and trails.If a ski operator violates the statute and a skier is injured, which legal doctrine will be of primary benefit to the skier who sues for damages?

A) Res ipsa loquitor
C) Negligence per se
B) Respondeat superior
D) Superseding intervening forces doctrine

Question 39

A party who refuses to return goods when requested to do so by the true owner is liable for

A) breach of contract.
C) conversion.
B) defamation.
D) trespass.

Question 40

Neighbors A and B have been arguing for months over their respective property rights.One day A bursts into B's kitchen without permission and says, "I've had it with you.Tomorrow morning I'm calling my lawyer.He'll chew you up like bubble gum." Then, for dramatic effect, A grabs an apple from B's kitchen table and savagely eats it, then walks out.Which torts have occurred?

A) Assault and battery
B) Malicious prosecution and defamation
C) Conversion and trespass
D) Infliction of emotional distress and false light

Question 41

There are three kinds of civil wrongs in modern tort law.Note these three torts and explain the elements needed to prove each.

Question 42

Holmes, an employee of Sims Fruit Market, suspected Beth, a twelve-year-old girl, of taking some packages of dates and concealing them in her shopping bag.Beth left the store without making a purchase and Holmes ran after her.Holmes grabbed Beth's shopping bag, examined its contents, but found no dates.Holmes then grabbed Beth's hand and forced her to return to the store, explaining that she needed a good spanking.After Holmes was convinced that Beth had not taken anything, Holmes escorted Beth to her home.Should Holmes or Sims Fruit Market be liable to Beth for assault, battery, or false imprisonment? Explain thoroughly.

Question 43

Neighbors A and B have been arguing for months over their respective property rights.One day, A walks into B's kitchen and says, "I've had it with you.Tomorrow morning I'm calling my lawyer.He'll chew you up like bubble gum." Then, for dramatic effect, A grabs an apple from B's kitchen table and savagely bites into it, then walks out.B sues A for trespassing, conversion, malicious prosecution, and assault.Discuss why B should or should not prevail under each of these causes of action.