Deck 23: Additional Tort Defenses
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Deck 23: Additional Tort Defenses
1
Before force is used to recapture chattels, a request for the return of the chattel must be made unless making the request would be impractical or unsafe.
True
2
Judges and legislators have absolute official immunity for common law torts committed in the course of their employment.
True
3
Reasonable force in self-defense can never include deadly force.
False
4
Reasonable force in defense of property can never include deadly force unless the interference with the property threatens life or limb of others.
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5
The shopkeeper's privilege can be used by a merchant to detain a person for a reasonable period to investigate whether there has been a theft.
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6
Which of the following is not an element of consent ________?
A) The person manifests a willingness to let the conduct occur.
B) The person's willingness is voluntary.
C) The person knows the nature and consequences of the conduct.
D) The person lacks the capacity to consent.
A) The person manifests a willingness to let the conduct occur.
B) The person's willingness is voluntary.
C) The person knows the nature and consequences of the conduct.
D) The person lacks the capacity to consent.
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7
Paul sees Dan repeatedly enter Paul's land at least twice a week over a six-month period. The only time Dan knew that Paul objected was when Paul sued Dan for trespass to land.________.
A) There was a trespass to land because Dan did not have permission to enter Paul's land.
B) The action for trespass to land will fail because Paul's silence could reasonably be interpreted as consent to enter the land.
C) There was a trespass to land because Dan carelessly interpreted Paul's silence as consent.
A) There was a trespass to land because Dan did not have permission to enter Paul's land.
B) The action for trespass to land will fail because Paul's silence could reasonably be interpreted as consent to enter the land.
C) There was a trespass to land because Dan carelessly interpreted Paul's silence as consent.
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8
If you use the privilege of private necessity, you must compensate the owner of the property you used.
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9
In most states, when you use the privilege of defense of others, the person you hit must not have had a privilege to threaten the person you were trying to protect.
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10
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11
All very intelligent children have the capacity to consent to a defendant's wrongful conduct.
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12
The federal government has not waived sovereign immunity under the Federal Tort Claims Act for negligence committed at the planning level.
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13
A defense is the response of a party to a claim of another party, setting forth the reason(s) the claim should not be granted.
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14
You can never use the defense of self-defense when you hit someone who was simply trying to help you.
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15
The main test for consent is subjective-whether the plaintiff actually agrees to the defendant's conduct.
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16
The same conduct of the defendant can constitute common law battery and a 1983 tort.
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17
Which of the following is not a self-help privilege ________?
A) self-defense
B) action for damages
C) defense of property
D) necessity
A) self-defense
B) action for damages
C) defense of property
D) necessity
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18
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19
For consent to be valid, the plaintiff must know what conduct is being consented to and its probable consequences.
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20
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21
What is a self-help privilege?
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22
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23
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24
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25
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26
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27
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28
Distinguish between a privilege and an immunity.
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29
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30
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31
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32
How will a court decide if the plaintiff has manifested a willingness to accept the defendant's conduct?
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33
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34
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35
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36
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37
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38
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39
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40
What is official immunity?
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41
What is the defense of self-defense, and when can you use it?
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42
What is the defense of defense of others, and when can you use it?
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43
What is the defense of property, and when can you use it?
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44
Give some examples of torts for which the federal government has waived sovereign immunity under the Federal Tort Claims Act.
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45
Distinguish between private and public necessity.
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46
What is the defense of recapture of chattels, and when can you use it?
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47
Name any six of the nine main self-help privileges.
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48
What is a constitutional tort?
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49
Distinguish between proprietary and governmental functions.
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50
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