Deck 9: Defenses to Intentional Torts

Question 1

The public officer's immunity for legal process enforcement is best illustrated by which of the following examples?

A) Mick, the county clerk, mailed a plaintiff's complaint and summons to the defendant, not knowing that the complaint contained defamatory remarks.
B) Karla, the bailiff, removed a boisterous spectator from court proceedings.
C) Jackie, a deputy sheriff, shot the defendant's dog that attacked her after she entered the defendant's land to serve a subpoena.
D) None of these choices.

Answer 1

C

Question 2

Rightful repossession is most often a defense to which of the following intentional torts?

A) Invasion of privacy
B) Trespass to land
C) Defamation
D) All of these choices.

Answer 2

B

Question 3

Which of the following examples best illustrates necessity?

A) Rich sees a fire in a pharmacy after closing hours. He breaks open the door and puts out the fire with the extinguisher he carries in his truck.
B) Gretchen spots a cat caught in a tree. Running across the street to a library, she telephones the fire department.
C) While watching a wrestling match, the fan sitting next to Natalia shouts expletives. Natalia hits him in the side to shut him up.
D) While walking to class, Ushi spots a piece of jewelry lying on the sidewalk. She takes it to the police station.

Answer 3

A

Question 4

The defense of mistake includes all of the following elements except

A) use of reasonable force.
B) good-faith conviction that one's actions are justified.
C) belief based on false information.
D) conduct that would ordinarily be considered tortious.

Question 5

Privilege is best defined by which of the following?

A) Right the tortfeasor has to commit torts
B) Legal justification to engage in otherwise tortious conduct to achieve a socially compelling goal
C) Authority of governmental officials to commit torts against the public for the common good
D) Legal justification of members of the public to engage in torts to protect themselves from the government

Question 6

Rightful repossession provides a defense to trespass to land.

Question 7

Necessity allows a tortfeasor to commit an intentional tort to prevent more serious injury from an external force.

Question 8

Mistake is a good-faith belief that one can commit torts with impunity.

Question 9

Defense of persons or property is best illustrated by which of the following examples?

A) Carrie is operating a compressing machine. Gloria accidentally drops her wedding ring into the compression chamber. Gloria shouts to Carrie to stop the machine, but Carrie, who has never liked Gloria, ignores Gloria's plea. Gloria runs over to press the machine's emergency stop button, knocking Carrie aside in the process.
B) Russ spots a bank robbery. Running across the street to a tavern, he telephones the police.
C) Pedro drives a delivery truck. As he is driving down the street, a child steps into the truck's path. Pedro swerves, crashing into a parked car.
D) Rich sees a fire in a pharmacy after closing hours. He breaks open the door and puts out the fire with the extinguisher he carries in his truck.

Question 10

Which of the following most often involves the defense of implied consent?

A) Motor vehicle accidents
B) Fistfights
C) Attacks by wild animals
D) Emergency medical treatment

Question 11

Self-defense is the exercise of reasonable force to repel an attack upon one's person or to avoid confinement.

Question 12

Citizens may not make warrantless arrests.

Question 13

Which of the following is not an element required for informed consent?

A) The victim's full understanding of the consequences of the tortfeasor's actions
B) Volenti non fit injuria
C) The victim's voluntary acceptance of the tortfeasor's conduct
D) None of these choices.

Question 14

Public officials are immune from all intentional torts.

Question 15

Defense of property must be authorized by a statute or ordinance to be legally justified.

Question 16

Consent is a defense to all intentional torts.

Question 17

Hot pursuit, in the defense of rightful repossession, means

A) filing a lawsuit under replevin.
B) legal justification to violate traffic laws while chasing a felon.
C) a rapid chase as soon as possible after an owner discovers that his or her chattel has been taken.
D) This term does not apply to this defense.

Question 18

Workers' compensation is a form of insurance for workers who are injured on the job or who become ill as a result of their job.

Question 19

Privilege is sometimes considered a broad category encompassing all intentional tort defenses.

Question 20

Self-defense includes all of the following elements except

A) use of reasonable force.
B) countering an attacking or offensive force.
C) force necessary to prevent bodily injury, offensive contact, or confinement.
D) a third party threatened by an attacking force.

Question 21

Which of the following is an example of a statute of limitations?

A) Filing a lawsuit within one month of the date of injury
B) Filing a motion to extend the time within which to file a responsive pleading
C) Filing an amended pleading
D) All of these choices.

Question 22

Which of the following may be used as a defense to false imprisonment?

A) Self-defense
B) Consent
C) Defense of persons or property
D) All of these choices.

Question 23

Workers' compensation

A) is a retirement program.
B) is a system based upon fault.
C) provides for injuries that do not occur at work.
D) provides cash benefits and medical care for workers injured on the job.

Question 24

Workers' compensation

A) allows employees to sue employers.
B) allows employers to sue employees who are injured.
C) bars suits against the employer.
D) bars suits against third parties.

Question 25

Which of the following statements is accurate?

A) Ordinary citizens have no authority to make arrests.
B) Police officers who make warrantless arrests are always liable for the intentional torts they commit.
C) Citizens who make warrantless arrests are always liable for the intentional torts they commit.
D) None of these choices.