Deck 5: Intentional Torts and Negligence

Question 1

An actor wins a part in a play over another actor.To get back at the selected actor,the rejected actor files a lawsuit against the selected actor alleging intentional infliction of emotional distress,defamation,and negligence.The jury returns a verdict exonerating the defendant.The defendant is now entitled to sue the plaintiff for ________.

A)tort of outrage
B)malicious prosecution
C)intentional misrepresentation
D)misappropriation of the right to publicity

Answer 1

B

Question 2

Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose.Jessica manages to stop the bleeding and rushes out to the nearest pharmacy-three miles away-to get medication for him.While doing so,she locks the house from outside and asks Kyle not to leave the house until she returns.The only way he can get out of the house is by breaking a window.Due to a roadblock on her way back,Jessica is delayed by an hour.Which of the following statements is true in this case?

A)Jessica is liable for kidnapping.
B)Jessica is liable for negligence as well as breach of duty of care.
C)Jessica can be sued for false imprisonment.
D)Jessica is not liable for prosecution for an intentional tort.

Answer 2

D

Question 3

Which of the following instances depicts the tort of outrage?

A)A farmer's crops are set on fire by an unidentified miscreant.
B)A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress.
C)A cosmetics company uses Julia Roberts' image without her consent to depict her as its brand ambassador.
D)A beverage-manufacturer claims that its competitor uses coffee beans of poor quality.

Answer 3

B

Question 4

Tom is a famous athlete.A magazine published an interview with his ex-girlfriend in which she falsely claimed that Tom took performance enhancing drugs for several years.Tom can sue his ex-girlfriend for ________.

A)slander
B)invasion of the right to privacy
C)tort of appropriation
D)negligent infliction of emotional distress

Question 5

Which of the following torts constitutes battery?

A)stealing a person's wallet
B)threatening to shoot a person
C)blackmailing a person
D)poisoning a person's drink

Question 6

Which of the following statements is true of battery?

A)Battery refers to intentional infliction of emotional distress.
B)Assault and battery often occur together.
C)Actual physical contact is not necessary for a tort to be termed as battery.
D)Indirect physical contact between the victim and the perpetrator is not battery.

Question 7

Direct physical contact,such as intentionally hitting someone with a fist,is considered battery.

Question 8

Sending an objectionable e-mail to a third party and signing another's name constitute the tort of ________.

A)invasion of the right to privacy
B)defamation of character
C)battery
D)intentional misrepresentation

Question 9

Which of the following actions would make Sarah liable for battery?

A)She publishes an article asking the current U.S. President to quit because she thinks he is not doing a good job.
B)She extends her backyard fence, encroaching on two feet of her neighbor's land.
C)She smuggles marijuana into the country.
D)She slaps her ex-husband because he denied her alimony.

Question 10

Which of the following statements is true of the tort of assault?

A)Physical contact is the only requirement for a tort of assault.
B)An attack is considered an assault only if the defendant was provoked to attack a plaintiff.
C)An attack is not considered an assault if the defendant was provoked to attack a plaintiff.
D)Actual physical contact between plaintiff and defendant is not necessary.

Question 11

Michael wanted to shoot Gary but accidentally injured Stella with the bullet.Which of the following can Stella use to recover damages from Michael?

A)doctrine of unintentional tort
B)doctrine of proximate cause
C)doctrine of negligence
D)transferred intent doctrine

Question 12

A tort can be considered an assault without there being any actual physical contact.

Question 13

The threat of immediate harm or offensive contact is termed as ________.

A)battery
B)assault
C)disparagement
D)libel

Question 14

________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.

A)Invasion of the right to privacy
B)Tort of appropriation
C)Defamation of character
D)Disparagement

Question 15

The tort of defamation of character requires a plaintiff to prove that the defendant ________.

A)publicized a private fact about the plaintiff
B)insulted people closely related to the plaintiff, such as family or friends
C)published an untrue statement of fact about the plaintiff to a third party
D)made one or more financial deals with the plaintiff under a false identity

Question 16

Which of the following best describes the tort of battery?

A)unauthorized and harmful or offensive physical contact with another person that causes injury
B)an action that arouses reasonable apprehension of imminent harm
C)oral or written defamation of another person's character
D)intentional confinement or restraint of another person without that person's consent

Question 17

John was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again.John can sue the assailant to recover damages for ________.

A)assault
B)battery
C)libel
D)disparagement

Question 18

Which of the following is an intentional tort?

A)breach of duty of care
B)defect in product manufacture
C)disparagement
D)negligence

Question 19

Harvey was at his college reunion where he met Raymond,his former roommate.Harvey and Raymond did not get along well at the reunion.Offended by something Raymond mentioned,Harvey punched him in the face,which broke his jaw.Harvey is liable for ________.

A)breach of duty of care
B)disparagement
C)battery
D)assault

Question 20

Libel and slander constitute ________.

A)the tort of outrage
B)defamation of character
C)the tort of appropriation
D)intentional misrepresentation

Question 21

Assault and battery are mutually exclusive torts that do not occur together.

Question 22

George,Jerry,and Harry are passengers on a flight from Chicago to New York.They injure their legs when their seatbelts do not fasten during take-off.The airline is sued by all three together for injuries caused,and the airline is found to be negligent and is directed by the court to pay damages to the injured parties.Which of the following parties is entitled to recover maximum damages?

A)George, a retired professor who gets a pension of $50,000 a year
B)Jerry, a football player who earns $2 million a year
C)Harry, a chartered accountant who earns $200,000 a year
D)George, Jerry, and Harry

Question 23

Which of the following is true about the duty of care?

A)Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property.
B)Reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff.
C)A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care.
D)The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession.

Question 24

John watched his brother die in a road accident.The perpetrator was driving under the influence of alcohol.John can recover damages for negligent infliction of emotional distress because of the mental trauma he suffered from watching his brother die.

Question 25

If a woman is informed of her husband being run over by a bus the previous night,she can recover damages for negligent infliction of emotional distress.

Question 26

A threat of future harm or moral pressure is not considered false imprisonment.

Question 27

If a shoplifting suspect is detained for an unreasonably long time and is found to be innocent,the merchant is liable for the tort of malicious prosecution.

Question 28

If a defendant makes an untrue statement of fact about the plaintiff and the statement is intentionally or accidentally published to a third party,the defendant is held liable for misappropriation of the right to publicity.

Question 29

If a newspaper review calls a commercially-successful actor talentless,it is liable for defamation of character.

Question 30

Jessica files a frivolous lawsuit against Thomas,claiming emotional distress because he plucked flowers from her garden without her permission.The judge exonerates Thomas who can now sue Jessica for malicious prosecution.

Question 31

If a magazine publishes a false statement about a public personality,it is liable for invasion of the right to privacy.

Question 32

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed as ________.

A)libel
B)res ipsa loquitur
C)the Good Samaritan law
D)duty of care

Question 33

In a lawsuit for malicious prosecution,the original defendant sues the original plaintiff.

Question 34

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

A)Tort of outrage
B)Tort of misappropriation
C)Disparagement
D)Unintentional tort

Question 35

Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council.But this is untrue.Is Monica liable for prosecution? Why?

Question 36

Throwing a lit match on the ground in the forest and causing a fire is a breach of ________.

A)appropriation
B)the Good Samaritan law
C)duty of care
D)res ipsa loquitur

Question 37

How is assault different from battery?

Question 38

Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.

Question 39

Explain the torts of appropriation and invasion of the right to privacy with examples.

Question 40

A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.

Question 41

When and how can a plaintiff claim damages if the defendant has breached a duty of care?

Question 42

What is meant by "causation in fact"?

A)the facts stated by a plaintiff during trial
B)a defendant's negligent act that caused the plaintiff's injuries
C)a defendant's defense against a case of negligence
D)a defendant's plea of guilt due to negligence

Question 43

Under negligence,a person is liable only for ________ events.

A)intervening
B)foreseeable
C)superseding
D)overruling

Question 44

In order to claim damages for negligence per se,the plaintiff has to prove that ________.

A)the defendant was in exclusive control of the situation
B)the plaintiff was within a class of persons meant to be protected by the violated statute
C)the defendant made a false representation of material fact
D)the plaintiff was affected by malicious statements made by the defendant about his or her character

Question 45

The violation of a statute that proximately causes an injury is termed as ________.

A)disparagement
B)res ipsa loquitur
C)negligence per se
D)misappropriation

Question 46

If a defendant's act caused a plaintiff's injuries,there is causation in fact.

Question 47

Making false statements about a competitor's products,services,property,or business reputation could make a company liable for ________.

A)intentional misrepresentation
B)tort of appropriation
C)disparagement
D)misappropriation of the right to publicity

Question 48

Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement.He dies in his mother's arms,leaving her traumatized.The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________.

A)tort of outrage
B)breach of duty of care
C)negligent infliction of emotional distress
D)transfer of intent

Question 49

If a person did not have knowledge that his representation of facts was false,he is still liable for fraud.

Question 50

Reasonable person standard is a test used to determine whether a tort is intentional or unintentional.

Question 51

A pedestrian trips and falls on a poorly-lighted sidewalk in front of Kate Geller's house and is injured.If the pedestrian sues for damages,which of the following parties would be liable to pay the damages?

A)the civic authority
B)Kate Geller
C)the residents' association of the locality
D)the pedestrian

Question 52

Causation in fact refers to a point along a chain of events caused by a negligent party after which the party is no longer legally responsible for the consequences of his or her actions.

Question 53

Intentional misrepresentation occurs when a wrongdoer deceives another person out of money,property,or something else of value.

Question 54

A disparagement is an untrue statement made by one person or business about the products,services,property,or reputation of another business.

Question 55

Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.

Question 56

If a lawyer fails to file a document with the court on time,causing his client's case to be dismissed,he would be liable for ________.

A)professional malpractice
B)intentional misrepresentation
C)tort of appropriation
D)breach of the duty of care

Question 57

________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

A)Causation in fact
B)Point of reason
C)Point of appropriation
D)Proximate cause

Question 58

________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

A)Res ipsa loquitur
B)Negligence per se
C)Doctrine of proximate cause
D)Doctrine of comparative negligence

Question 59

If a plaintiff is injured,the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

Question 60

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

A)Good Samaritan law
B)Assumption of the risk
C)Duty of care
D)Res ipsa loquitur

Question 61

In order to claim damages for negligence per se,the plaintiff need not prove that he or she was within a class of persons meant to be protected by the statute.

Question 62

Prado Loyola is a race-car driver who has signed an agreement with the racing team Provolt,stating that Provolt is not responsible for the dangers involved in racing and that Loyola participates in all car races voluntarily,with full knowledge of the risk of injury or death that might result as a consequence.During the course of the race,a slight drizzle that covers the windshield affects Loyola's visibility,and he misses a turn,resulting in a crash.Which of the following defenses can the Provost team cite to protect itself from liability in the event that Loyola sues them?

A)res ipsa loquitur
B)assumption of the risk
C)private necessity
D)breach of the duty of care

Question 63

Assumption of risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury.

Question 64

A defendant can be held liable for injuries caused by a superseding event.

Question 65

Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.

Question 66

In order to use the defense of assumption of risk,the defendant has to prove that the plaintiff ________.

A)assumed there was no risk involved and entered into the activity that injured him or her
B)was injured after the defendant's liability for the risk ended
C)was injured in an activity that had no risk of any manner
D)had knowledge of the specific risk and voluntarily assumed the risk

Question 67

Res ipsa loquitur switches the burden to the plaintiff to prove that the defendant was negligent.

Question 68

Res ipsa loquitor is a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care.

Question 69

A homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured.

Question 70

Under the ________ doctrine,damages are apportioned according to fault.

A)contributory negligence
B)comparative fault
C)proximate cause
D)assumption of risk

Question 71

Punitive damages are awarded only when there is no gross negligence.

Question 72

A lawyer who fails to file a document with the court on time,causing the client's case to be dismissed is liable for legal malpractice.

Question 73

Comparative negligence is a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

Question 74

The violation of a statute that proximately causes an injury is termed as negligence per se.

Question 75

A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign.The jury finds that the driver holds 80 percent of the responsibility for the accident and the jaywalker holds 20 percent of the responsibility.The pedestrian suffered $100,000 in injuries.If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases,the pedestrian is entitled to recover ________.

A)$20,000 from the driver
B)$80,000 from the driver
C)$100,000 from the driver
D)no damages from the driver

Question 76

If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process,the nurse cannot be sued as he or she is protected by Good Samaritan statutes.

Question 77

________ refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

A)Contributory negligence
B)Comparative negligence
C)Comparative fault
D)Assumption of risk

Question 78

According to the doctrine of ________,a participant in a covered activity will be held liable for any injuries caused by the activity,even if he or she was not negligent.

A)strict liability
B)assumption of risk
C)comparative negligence
D)contributive negligence

Question 79

The term ________ refers to a defense a defendant can use against a plaintiff who knowingly and voluntarily entered into or participated in an activity that had a high probability of resulting in injury to the plaintiff.

A)superseding event
B)comparative negligence
C)assumption of risk
D)intervening event

Question 80

A doctor driving on the wrong side of the road crashes into an eight-year-old boy riding a bicycle.Fearing the consequences,the doctor flees without reporting the accident or giving first-aid to the boy.The doctor is liable for professional malpractice.