Deck 7: Torts: Private Wrongs

Question 1

Punitive damages are akin to fines imposed on convicted criminals and among the purposes of punitive damages are punishment and deterrence of civil wrongs.

Answer 1

True

Question 2

In football and hockey games, there may be a penalty for unnecessary roughness, but there cannot  be civil liability because all participants have voluntarily assumed the risk of any injury.

Answer 2

False

Question 3

A defendant who engages in some activity intending to scare, but not harm, another person has committed negligence if the activity goes awry and the victim is injured as well as scared.

Answer 3

False

Question 4

When tort cases are begun in court, the media often publicizes the amount of damages the plaintiff (victim) seeks from the defendant (wrongdoer). This dollar amount is often designed by the plaintiff's lawyer to attract media attention rather reflecting the reasonable value of the client's case.

Question 5

Deliberately tailgating a car very closely could justify a lawsuit for assault even if no accident occurs.

Question 6

Even deliberate trespassers and burglars have some legal rights while trespassing on another's property.

Question 7

Statutes of limitation limit the time during which a victim may bring legal action for damages for tortious conduct.

Question 8

Appropriation of another's name or likeness is a form of the tort of fraud.

Question 9

The awarding of nominal damages recognizes a technical injury when there is no actual loss by the plaintiff.

Question 10

O'Neal calls Bryant dishonest and incompetent when no one else is around. Bryant is neither but no one hears the statement but Bryant and O'Neal. This is an example of slander per se.

Question 11

When athletes wear defective protective gear and are injured while using the equipment they may bring a suit for consortium against the manufacture and seller of the gear.

Question 12

Truth is an absolute defense against a defamation lawsuit.

Question 13

Drivers on highways are often careless, and even reckless, yet they are not held liable for damages if no one is actually injured. They may, however, be found guilty of traffic law violations if observed, cited and convicted.

Question 14

No defendant can be held liable in tort for injuries inflicted upon another person unless the victim can prove by a preponderance of the evidence either intent to injure or negligence.

Question 15

All doctors are held to the same standard of professional care, wherever they locate their practice.

Question 16

To be actionable in defamation, statements must damage an individual's reputation; No defamation action exists for defamation of a product or business.

Question 17

A statute of repose is a special type of statute of limitations.

Question 18

Generally, a statute of limitation is tolled while a defendant is out of the jurisdiction.

Question 19

A business invitee is legally entitled to higher duty of protection by the possessor of premises (usually the owner) than is a social licensee.

Question 20

Because of their commendable motivation, volunteers who render emergency medical assistance to injured persons are often protected by statute from lawsuits by such injured persons for negligence in the attempted assistance.

Question 21

In the so-called McLibel case in England, McDonalds were unable to successfully prove libel or slander.

Question 22

In the case of Reider v Louisiana a baseball player brought a successful assault and battery lawsuit against a fan they threw beer from the stands and hit the center fielder, K. T. Reider.

Question 23

Intentional torts lawsuits (e.g., assault and battery) are less common than negligence lawsuits, but they are more likely to subject the tortfeasor to punitive as well as to compensatory damages.

Question 24

Which of the following statements made by a real estate agent to a prospective buyer of a house offered for sale is an example of legal "puffing" rather than fraud?

A)"This is a solid little house, built in 1995." (The house was built in 1985.)
B)"Believe me, friend. This is your dream home! It's perfect for your family, and the price is right for you!" (The buyer can't afford the house.)
C)"The shake roof is wooden but it's fireproof." (The roof was treated with a fire retardant, warranted for three years, but installed ten years ago.)
D)"Look outside. There's practically no traffic on this street. It is quiet and safe for your kids." (The street becomes a veritable thoroughfare from 7 to 9 AM and 4 to 6 PM every work day.)

Question 25

Threatening to immediately touch another person without justification, excuse or permission, in a way the other perceives as harmful or offensive, is the tort of

A)breach of good conduct.
B)battery, if the other person is visibly disturbed and literally shaking.
C)assault.
D)intentional infliction of mental disturbance.

Question 26

In recent years there have been reports of restaurant employees spitting into food they serve to get even with customers they do not like. Such an action would constitute the tort of negligence.

Question 27

Which of the following publicized statements about the plaintiff, if false, would not be sufficient to render the speaker liable for slander per se?

A)That the plaintiff is a tax cheat.
B)That the plaintiff has a sexually transmitted disease (STD).
C)That the plaintiff is a sexual predator.
D)That the plaintiff is a liar.

Question 28

The owner or possessor of land or buildings owes a higher duty of care to business invitees than for licensees (who include U.S. Postal Service employees, utility company meter readers, fire fighters, and police).

Question 29

Which of the following is a correct statement?

A)Every crime is also a tort.
B)Every tort is also a crime.
C)Most crimes are also torts.
D)Most torts are also crimes.

Question 30

Sako is proud of his meticulously groomed lawn and flower garden. He is allergic to dogs. Every morning and evening Wyatt, a neighbor, takes Spot, her pet poodle, for a walk around the block. Invariably the dog relieves itself on Sako's property. Sako has repeatedly asked Wyatt to restrain her pet, but she laughs at him and says "Cool it! Dogs have to answer nature's call. It's good for them and it's good for your soil." Finally, one day Sako charges out of his house, brandishing a hand gun. "This will stop it!" he shouts. Wyatt is frightened. Sako comes closer and fires a stream of ammoniated water into Spot's face with his water pistol. The dog yelps and runs off. Wyatt sues. Sako is

A)innocent of any wrong. The gun was a toy pistol and he was fully justified in his action.
B)guilty of assault and battery against Spot.
C)guilty of assault against Wyatt because he put her in reasonable fear of an immediate harmful or offensive touching.
D)guilty of negligence.

Question 31

Appropriation of another's name of likeness without their permission is a form of invasion of privacy.

Question 32

In a typical negligence lawsuit arising out of an automobile accident, a plaintiff who has suffered injuries will be awarded

A)special and general damages.
B)liquidated damages.
C)punitive or exemplary damages.
D)nominal damages.

Question 33

Which of the following bases for recovery of damages is based on strict or absolute liability?

A)negligence
B)intentional tort
C)slander per se
D)workers' compensation

Question 34

Victims of negligence may be able to recover each of the following kinds of damages, if appropriate, except

A)punitive damages.
B)compensatory damages.
C)special damages.
D)damages for loss of consortium.

Question 35

Thanks to many decades of litigation involving negligence, the standards of reasonable care that every person owes to all others is now defined with great clarity and precision.

Question 36

The law imposes a general duty on all persons to refrain from wrongfully injuring another person's good reputation through false and harmful, unprivileged statements made to others.

Question 37

Which of the following statements is least likely to be accurate?

A)The intent of punitive damages is to punish the wrongdoer, not reward the victim.
B)Punitive damages in most states are paid entirely to the victim.
C)Punitive damages in most states are paid partly to the victim and partly to the public treasury.
D)The wealth of the defendant is relevant to the award of punitive damages.

Question 38

In 2003 the French Parliament limited lawsuits by parents in France based on a doctor's failure to detect a disability in a fetus.

Question 39

A person who is sued for damages because of alleged negligence may successfully defend herself/himself by proving

A)the plaintiff voluntarily assumed the risk.
B)there was no proof of actual causation.
C)the injury was not foreseeable by a reasonable person under the circumstances of the case.
D)any or all of the above

Question 40

The reasonable detention of a suspected shoplifter is often a privileged activity because of shopkeeper's statutes.

Question 41

The law gives which of the following person(s) an absolute privilege to say anything (including false defamatory statements) about other persons without liability for damages?

A)any close personal friend who advises another about the character of a prospective suitor
B)any state or federal legislator who makes the statement during legislative proceedings
C)any doctor in discussing patients with other doctors
D)any lawyer in discussing clients with other lawyers

Question 42

Solomon filed a complaint stating, "I went over to my neighbor Garcia's house and he refused to let me borrow his lawn mower. A possible buyer of my house came over that evening and, when she saw my unkept lawn decided not to buy the house. I demand $2,000 from Garcia because he would not let me use his lawn mower and cost me a sure sale." Solomon

A)has stated a cause of action for fraud.
B)has stated a cause of action for negligence.
C)has stated a cause of action conversion.
D)has no tort claim.

Question 43

A retail store

A)is expected to protect customers from unexpected and unknown dangers.
B)owes trespassers absolutely no duty.
C)is expected to protect customers against known dangers.
D)all of the above

Question 44

Solomon filed a complaint stating: "I was driving my 2000 Lexus carefully and under the speed limit on Sunrise when I came to the intersection of Sunrise and Madison. Garcia was driving his 2002 Ford Pickup on Madison when he ran a red light and collided with my Lexus, causing damages to the Lexus. I demand $12,000 from McKinsey to pay for the damages to my Lexus and $10,000 for medical bills and lost wages." Solomon has made a claim for

A)nominal damages.
B)compensatory damages.
C)punitive damages.
D)penal damages.

Question 45

​A public official who claims to be the victim of a harmful statement injuring the official's reputation.

A)must establish the existence of malice to recover damages for defamation.
B)is legally banned from recovering for slander but can recover for libel for injuries to their political future.
C)can only seek a retraction rather than any recovery of damages.
D)is legally banned from recovering for any defamation action.

Question 46

Punitive damages are

A)generally not available in tort cases.
B)only available in negligence actions.
C)available damages for the tort of intentional infliction of mental distress.
D)no longer available without specific legislative approval.

Question 47

Solomon filed a complaint stating: "I was driving my 2000 Lexus carefully and under the speed limit on Sunrise when I came to the intersection of Sunrise and Madison. Garcia was driving his 2002 Ford Pickup on Madison when he ran a red light and collided with my Lexus causing damages to the Lexus. I demand $15,000 from Garcia to pay for the damages to my Lexus and $10,000 for medical bills and lost wages." Solomon

A)has stated a cause of action for fraud.
B)has stated a cause of action for negligence.
C)has stated a cause of action conversion.
D)has no tort claim.

Question 48

Solomon filed a complaint stating: "I was driving my 2000 Lexus carefully and under the speed limit on Sunrise when I came to the intersection of Sunrise and Madison. Garcia was driving his 2002 Ford Pickup on Madison when he ran a red light and collided with my Lexus causing damages to the Lexus. I demand $12,000 from Garcia to pay for the damages to my Lexus and $10,000 for medical bills and lost wages." Garcia answered, denying Solomon's claims. Garcia responds by admitting he ran the red light but asserting that Solomon was speeding. Garcia has raised

A)the defense of assumption of the risk.
B)the defense of comparative negligence.
C)the defense of res ipsa loquitur.
D)a motion to dismiss.

Question 49

Your roommate is injured in a terrible automobile accident and her parents asked you to contribute blood needed for her survival. You declined because you were busy studying for this examination.

A)You have committed an intentional tort.
B)You have been negligent.
C)The determination of what tort was committed would be determined by the jury.
D)None of the above.

Question 50

Solomon filed a complaint stating: "I was driving my 2000 Lexus carefully and under the speed limit on Sunrise when I came to the intersection of Sunrise and Madison. Garcia was driving his 2002 Ford Pickup on Madison when he ran a red light and collided with my Lexus causing damages to the Lexus. I demand $12,000 from Garcia to pay for the damages to my Lexus and $10,000 for medical bills and lost wages." Garcia answered, denying Solomon's claims. Garcia's answer claims

A)the defense of assumption of the risk.
B)the defense of comparative negligence.
C)the defense of contributory negligence.
D)he is not liable.

Question 51

Compensatory damages

A)are based on statutory standards of expected losses.
B)are designed to be a civil punishment.
C)attempt to compensate the plaintiff for his or her loss.
D)are only available for intentional torts.

Question 52

The tort of intentional infliction of emotional distress is exemplified by

A)a practical joker who phones the parents of a college football player at their house in a distant state and says: "I've got good news and bad news about Mike. He's just been named the best player in the conference." (TRUE)"But he was seriously injured in the final game, and...he died a few minutes ago on the operating table." (FALSE)Then, after a pause, "Just kidding folks! He's a hero and he's okay. He is flying home now." (TRUE)
B)an obscene joke made in a public speech by an inebriated toastmaster that offended one half of the audience and shocked another quarter and delighted the remainder.
C)the collision of a heavy truck because the driver fell asleep at the wheel and the driver had lied at semi-annual physical about his physical condition related to sleep issues. The collision is with a motorcycle, and it causes permanent paralysis of the cyclist's lower body.
D)"flipping off" a driver for following too close on the freeway after a near collusion and the driver also was in the commuter lane with no passengers during commute time.

Question 53

The law does not, and practically cannot, prevent other persons from making false statements, to other people, that defame you. In light of this fact,

A)the First Amendment reference to freedom of speech is ineffectual - a toothless tiger.
B)the law permits you to retaliate with similar false statements about the defamer without incurring liability.
C)the law provides legal remedies for you, but only if the false statements are made in writing, which are more durable than oral statements.
D)the law permits you to sue "after the fact" and collect damages from the defamer.

Question 54

Which of the following activities (all of which cause serious injuries) is not an example for application of the doctrine of strict liability?

A)A welder, injured on the job in an automobile assembly plant, qualifies for payments under workers' compensation.
B)An elephant, used for many years to help raise a big circus tent, for an unknown reason goes berserk and seriously injures several onlookers among a large group of local residents watching the activity.
C)A heavy duty truck runs a red light and plows into an automobile in a downtown intersection, killing all of the occupants.
D)An undetected defect in the steering mechanism of a heavy-duty truck causes it to crash, killing its driver.

Question 55

The US Supreme court has considered punitive damages in some important cases in recent years. The best characterization of its rulings from the below is: The court has:

A)upheld the right of juries to award punitive damages but has limited the amount and basis of such damages based on the due process clause.
B)expanded the basis upon which such awards may be based to include negligence as well as gross negligence and intentional torts.
C)deferred to the determination of what is appropriate to the state courts based on local customs and social standards and state rights.
D)banned the award of punitive damages based on the taking rule of the due process clause if the defendant is corporation.

Question 56

Fault is not a factor in the tort of

A)false imprisonment.
B)battery.
C)negligence.
D)strict liability.

Question 57

A postal worker slipped and fell on a garden hose that had been left across the entrance sidewalk of Ellen's home. Later that same day, Susan, who was coming by to attend a lingerie party at Ellen's home, slipped and fell on the same hose. Ellen was aware of the postman's injuries, but made no attempt to remove the hose. As to Susan's injuries

A)Ellen is innocent of any wrong as Susan was a trespasser.
B)Ellen is guilty of assault and battery against Susan.
C)Ellen is probably liable for negligence because Susan was a business invitee to whom was owed a duty to correct dangerous conditions.
D)Ellen is liable under the post office rule.

Question 58

Short of cash, Artemus went to Gus Grabb's Triple Globe Pawn Shop and pawned his most precious possession, an electric guitar. It had cost $950 new and after a year, it was still in perfect condition. The broker gave him a $200 loan for a maximum of 90 days with interest at 30% a year, and took the guitar as security. After 30 days, Artemus returned with $200 plus interest and asked for his guitar. Grabb no longer had it. He had received and accepted "an offer he could not refuse" of $750 cash from a good-faith buyer, who strummed a tune on the instrument and left, a happy man. Grabb is guilty of

A)conversion.
B)negligence.
C)intentional infliction of mental distress.
D)no wrong if he offers Artemus $550 and says "Sorry. I didn't think you'd return. You can forget your debt. You wiped out my profit on our deal, and I won't even charge you interest."

Question 59

Which of the following categories of privacy invasion of an ordinary citizen would not justify an award of damages?

A)unreasonable publicity about one's private life
B)appropriation of another person's name for use in advertisements without permission
C)taking photographs with a zoom lens of a nude sunbather in his or her backyard
D)snapping a person's picture while sitting at a coffee shop

Question 60

A person who detains someone for shoplifting

A)may be liable for false imprisonment if she/he holds a suspected shoplifter for an unreasonably long period of time.
B)is always liable for detaining a suspected shoplifter who turns out to be innocent.
C)cannot be held liable for false imprisonment if the suspect had shoplifted store merchandise in the past.
D)is legally required to be a licensed security guard.

Question 61

Pain and suffering from injuries caused by a negligent driver in an automobile accident are examples of _________________ damages that compensate for other than out-of-pocket losses.

Question 62

________________ is the unauthorized taking of the personal property of another accompanied by the wrongful exercise of rights of ownership.

Question 63

Money expended by the plaintiff for medical treatment and other actual out-of-pocket losses are called ___________________ damages because they can be specified or itemized precisely.

Question 64

The plaintiffs were detained at a store because security employees believed they saw them shoplifting. Whether the store is entitled to protection from tort liability under a merchant protection statute or the common law will primarily depend upon 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)The security employees had been properly trained.

Question 65

Painting graffiti on private property - whether a building or an automobile - is a variety of the tort of _________________ for which punitive damages may be awarded.

Question 66

________________ end the unlimited time formerly available to sue businesses under the theory of __________________ liability.

Question 67

During a four-hour heart bypass operation, a surgical instrument was inadvertently left in the chest of the patient. A second operation, lasting less than one hour, was later performed without charge. The negligence in the first operation could be established in court by the presumption known as

Question 68

Jhon Harris an accountant is injured while moving his computer desk from one position the office to another.

A)Whether or not workers compensation applies to this situation depends on the office policy regarding moving office furniture.
B)This is a violation of Title VII of the Civil Rights Act.
C)Workers compensation would cover the employee's injury.
D)As moving furniture is not part of an accountant job Jhon' s will not be elgible for workers compensation.

Question 69

Pransit, a truck driver, was involved in a truck collision with a passenger car driver by Sanjay. He sued Sanjay for negligence and Sanjay defended by claiming that Pransit was negligent in his driving. The jury heard both sides of the case and was instructed by the judge on the rules of negligence and defense of comparative negligence. They jury verdict concluded that Pransit suffered $60,000 damages and Sanjay was 75% negligent and Pransit was 25% negligent in contributing to his own harm. Pransit will recover.

A)$15,000.
B)$45,000
C)$60,000
D)nothing.

Question 70

A downhill snowboarder who hits a tree, receiving serious head injuries probably cannot successfully sue the ski resort because of the doctrine of _________________ .

Question 71

Fred was grilling in his backyard tiki bar when he popped open a can of Diet Pepsi, took a big gulp and started gagging. He emptied the can down a sink but something heavy remained inside. He shook the can until something resembling "pink linguini" slid out, followed by "dark stuff." The report from the Food and Drug Administration concluded the foreign matter was a frog or a toad. Pepsi argued that the speed of their production lines and the rigor of our quality control systems made it virtually impossible for this type of thing to happen in a production environment, and that there never has been an instance when a claim of this nature has been traced back to their manufacturing facilities. If Fred suffered severe stomach upset and required medical attention as a result of his gulp, and sued the manufacturer for negligence in manufacturing the product, what theory would help him establish that a duty of care was breached?

A)Negligence per se
B)Res Ipsa Loquitur
C)Proximate causation
D)Superseding intervening forces

Question 72

You have made a claim in a small claims court against a defendant based on the theory of negligence. You offer receipts showing the cost of repairing your vehicle, and doctor bills for your injuries. You offered proof of

A)special (economic)damages which are part of compensatory damages
B)general damages (non-economic)which are part of compensatory damages.
C)punitive damages which are part of compensatory damages
D)general or special damages instead of compensatory damages.

Question 73

If the manufacturer used actual footage of the sports celebrity engaged in athletic competition in order to create the appearance that the celebrity endorsed its product, when she did not, the female athlete's best course of action against the manufacturer would be for

A)Commercial appropriation
B)Defamation
C)Public Disclosure of Private Facts
D)Intrusion into plaintiff's solitude

Question 74

"A customer slips and falls on a wet floor of a store." The correct responsibility of the owner is?

A)The property owner must maintain their property so no one is injured. If any injury occurs the property owner is always liable.
B)The property owner is liable only if the customer has made a purchase and the floor was wet more than one hour after an inspection occurred or was due to occur.
C)The property owner has no duty to maintain their property in a safe manner unless the property owner knows that an injury has occurred in the past.
D)The property owner must maintain their property in a reasonably safe manner so that a visitor will not be injured on the property while the property is open to the public or at a time when it is foreseeable that a member of the public would be on the property.

Question 75

Failing to move to the side of the road when you hear an ambulance coming up behind you is.

A)careless and possibility negligent if someone is hurt because of your failure.
B)an example of intentional infliction of emotional distress
C)privileged behavior if you could not hear the siren because you are wearing ipod ear pods.
D)is legally permissible because it is a failure to act rather than an act.

Question 76

Most injuries, and hence torts, arise from the role of individuals as ____________ , _________________ , and _______________ .

Question 77

A demolition company needs to dynamite rock in order for a dirt contractor to put in a house pad. If a neighbor's bay window is blown out as a result and she sues, what is a viable defense to a lawsuit, assuming it is true?

A)They exercised care in setting the explosives.
B)The seismologist can confirm the charge could not possibly have blown out the window.
C)The neighbor was contributorily negligent in having a window.
D)All of the above

Question 78

Sako is proud of his meticulously groomed lawn and flower garden. He is allergic to dogs. Every morning and evening Wyatt, a neighbor, takes Spot, her pet poodle, for a walk around the block. Invariably the dog relieves itself on Sako's property. Sako has repeatedly asked Wyatt to restrain her pet, but she laughs at him and says "Cool it! Dogs have to answer nature's call. It's good for them and it's good for your soil." Finally, one day Sako charges out of his house, brandishing what appeared to be a hand gun. "This will stop it!" he shouts. Wyatt is frightened. Sako comes closer and fires a stream of ammoniated water into the faces of Wyatt and Spot with his water pistol. The dog yelps and runs off. Wyatt sues. Sako is:

A)Innocent of any wrong. The gun turned out to be a toy pistol, and he was fully justified in his action.
B)Liable for assault and battery against Wyatt.
C)Liable for only for assault against Wyatt because he put her in reasonable fear of an immediate harmful or offensive touching.
D)Not liable for battery because Wyatt was not injured.
E)Liable for negligence.

Question 79

In a negligence case, the plaintiff has several elements he or she must establish. Which is the correct list of these elements?

A)duty, breach of duty, actual cause, and injury.
B)duty, breach of duty, proximate cause, and injury.
C)duty, breach of duty, proximate cause, and actual cause.
D)duty, breach of duty, actual cause, proximate cause, and injury.

Question 80

Someone who enters another person's land or building with the implied or expressed permission or consent of the owner or possessor, for the benefit or convenience of the visitor, is a(n) ________________ . If the person enters to conduct any commercial activity, the visitor is a(n) ________________ . The landowner must be more protective of the latter than the former.