Deck 8: Tort Law

Question 1

Defense of property cannot be a defense to a claim of battery.

Answer 1

False

Question 2

Which of the following are common classifications of torts?

A)Intentional,negligent,and strict liability.
B)Administrative,civil,and criminal.
C)Intentional,criminal,and strict liability.
D)Intentional,negligent,and criminal.
E)Criminal,negligent,and strict liability.

Answer 2

A
Explanation: A)In the United States,torts are classified as intentional,negligent,or strict
liability.
B)In the United States,torts are classified as intentional,negligent,or strict liability.
C)In the United States,torts are classified as intentional,negligent,or strict liability.
D)In the United States,torts are classified as intentional,negligent,or strict liability.
E)In the United States,torts are classified as intentional,negligent,or strict liability.

Question 3

Which of the following is a purpose of tort law?

A)To compensate innocent persons who are injured.
B)To allow a remedy for breach of contract claims.
C)To impose criminal penalties on those who commit wrongdoing.
D)To encourage vigilante justice.
E)To allow prosecutors to protect the vulnerable.

Answer 3

A
Explanation: A)Compensating an innocent person who is injured is one of the purposes of tort
law.
B)Compensating an innocent person who is injured is one of the purposes of tort law.
C)Compensating an innocent person who is injured is one of the purposes of tort law.
D)Compensating an innocent person who is injured is one of the purposes of tort law.
E)Compensating an innocent person who is injured is one of the purposes of tort law.

Question 4

Which statement is true of the term "tort"?

A)It is an English word meaning "negligence."
B)It is a Latin word meaning "misfeasance."
C)It is a civil law term meaning "liability."
D)It is a French word meaning "wrong."
E)It is a German word meaning "mistake."

Question 5

The use of moral pressure is insufficient to establish false imprisonment.

Question 6

In a defamation action,privilege is an affirmative defense.

Question 7

Compensatory damages are trivial damages intended to recognize that a defendant committed a tort against the plaintiff.

Question 8

When only a prospective contract exists,simply offering a better deal is not enough to create liability for intentional interference with contract.

Question 9

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.

Question 10

If a court awards $1 million to compensate an injured plaintiff for medical bills,loss of wages,and pain and suffering,this is an example of compensatory damages.

Question 11

Which statement is true regarding tort litigation?

A)Tort litigation has remained constant with no real change in numbers since 1990.
B)Tort litigation has increased steadily since 1990.
C)Tort litigation decreased in the 1990's but has increased steadily since the year 2000.
D)Tort litigation has been declining gradually since 1990.
E)Tort litigation increased significantly in the 1990s but has declined in the last two years.

Question 12

Proving that consent occurred is a defense to battery.

Question 13

Accidental torts are one of the three classifications of torts in the United States

Question 14

If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast,the
U.S.company may still be held liable in the United Kingdom court.

Question 15

Reinforcing a vision of a just society is one of the purposes of tort law.

Question 16

Tort law is primarily state law.

Question 17

Apprehension and fear are considered as the same thing,when it comes to assault.

Question 18

Which of these is a tort?

A)A civil or criminal action in state court or federal court.
B)A wrong or injury to another,other than a breach of contract.
C)A civil or criminal action in state court.
D)A breach of contract.
E)A wrong or injury to another,including a breach of contract.

Question 19

Defamation can be a civil or criminal action in China.

Question 20

A strict-liability tort occurs when a defendant acts with the intention of engaging in a specific act that ultimately results in injury.

Question 21

An)________ occurs when one person places another in fear or apprehension of an immediate,offensive bodily contact.

A)Strict responsibility
B)Assault and battery
C)Negligence
D)Battery
E)Assault

Question 22

Which type of tort is the most willful of torts?

A)Intentional torts.
B)Strict liability torts.
C)Assault and battery.
D)Slander.
E)Negligence torts.

Question 23

What of the following is true of a negligence tort?

A)A defendant commits a negligence tort when he accidentally engages in a criminal act and someone is hurt.
B)A defendant commits a negligence tort when he is careless to someone else's detriment.
C)A defendant commits a negligence tort when he forms intent to cause harm but causes a different type of harm.
D)A defendant commits a negligence tort when he subjects someone to a reasonable risk of harm.
E)A defendant commits a negligence tort only if he commits an inherently dangerous action which can never be safe.

Question 24

What did the court rule in regard to the plaintiff's claim of intentional infliction of emotional distress in Olson v.CenturyLink,the case in the text in which the plaintiff alleged that representatives of the defendant,a provider of telephone services,wrongly failed to process his application,disconnected his telephone service,and hung up on him during telephone conversations?

A)That the plaintiff would be allowed to proceed as to all allegations because they were all adequate to support a verdict based on the intentional infliction of emotional distress.
B)That the plaintiff's complaint regarding the refusal to process his application was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
C)That the conduct complained of by the plaintiff failed to meet the level of conduct required for a finding of the intentional infliction of emotional distress.
D)That the plaintiff's complaint regarding representatives hanging up on him were sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
E)That the plaintiff's complaint regarding the disconnection of his telephone service was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.

Question 25

Zach gets angry because Austin earned a better grade on a test than he did.They get into an argument,and Zach takes a swing at Austin,intending to hit him.Austin shoves Zach in order to avoid the blow.Which of the following is true regarding Austin's actions?

A)Austin has committed both an assault and a battery.
B)Austin cannot rely on self-defense because he was involved in the argument and not completely innocent.
C)Austin cannot rely upon self-defense because his life was not in danger.
D)Austin has not committed an assault or a battery because he acted in self-defense.
E)Austin has committed a battery.

Question 26

Kyle plans to punch Patrick.He calls Patrick and tells him he will punch him tomorrow at 4:00 PM.At 2:00 PM the next day,Kyle sneaks up behind Patrick.Patrick does not see Kyle coming,but Kyle punches him in the back of the head.What torts did Kyle commit?

A)Neither assault nor battery.
B)Battery only.
C)Assault and battery.
D)Assault only
E)Assault,battery,and strict liability.

Question 27

What type of torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely,no matter what precautions the defendant takes?

A)Strict-liability
B)Criminal
C)Liability
D)Negligent
E)Intentional

Question 28

What type of torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result?

A)Strict-liability
B)Criminal
C)Liability
D)Intentional
E)Negligent

Question 29

What are the three categories of intentional torts?

A)Torts against decency,torts against reputation,torts against persons.
B)Torts against public policy,torts against property,torts against reputation.
C)Torts against persons,torts against businesses,torts against the government.
D)Assault,battery,and defamation.
E)Torts against persons,torts against property,and torts against economic interest.

Question 30

Jacob calls Nick on the telephone and threatens to come over and break his nose.Which of the following is true?

A)Jacob's conduct constitutes an assault.
B)Jacob's conduct does not constitute an assault because there was no physical contact.
C)Jacob's conduct constitutes a battery.
D)Jacob's conduct constitutes both a battery and an assault.
E)Jacob's conduct does not constitute an assault because there is no risk of immediate bodily harm.

Question 31

Which statement is true regarding the intent required for an intentional tort?

A)The intent at issue is intent to harm that results in a physical or economic injury to another.
B)The intent at issue is not intent to harm and is not intent to engage in a specific act.Negligence will suffice.
C)The intent at issue is not intent to harm but,rather,is intent to engage in a specific act,which ultimately results in a physical injury to another.Economic injury is insufficient.
D)The intent at issue is intent to harm that results in physical injury to another.Economic injury is insufficient.
E)The intent at issue is not intent to harm but,rather,is intent to engage in a specific act,which ultimately results in a physical or economic injury to another.

Question 32

Penny points a gun at Jose and threatens to shoot him.Jose is very brave and not frightened.The police arrive and Penny is arrested without shooting Jose.What tort did Penny commit?

A)Assault and battery
B)Assault only
C)Battery only
D)Assault,battery,and strict liability
E)Penny's conduct does not constitute an assault because Joe was not afraid.

Question 33

Which of the following is true regarding the apprehension necessary for the tort of assault?

A)Apprehension and fear are the same thing.
B)A person may be in apprehension of physical harm,even if the person is too courageous to actually be afraid of that physical harm.
C)The test for assault involves subjective apprehension,not reasonable apprehension.
D)Actual injury is necessary for valid apprehension to be proven.
E)There is no requirement that the apprehension be of immediate physical contact.

Question 34

What type of torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm?

A)Negligent
B)Strict-liability
C)Criminal
D)Intentional
E)Liability

Question 35

What is the common element of all intentional torts?

A)They all share the common element of intent to cause harm.
B)They are the least willful of torts.
C)They all share the common element of careless actions which cause harm.
D)There is no common element of all intentional torts.
E)They all share the common element of intent to engage in a specific act which results in harm.

Question 36

Peter brings in a baseball bat to hit Mary because he is mad at her.When he arrives,Mary is sleeping.He lines up the baseball bat with her head and whispers that he is about to take a swing.She does not wake up,and before he hits her,he changes his mind and quietly leaves before Mary realizes he has arrived.Mary later finds out and sues for assault.Is she successful?

A)Yes,because Peter's actions caused apprehension of immediate offensive bodily contact.
B)Yes,because she was at risk of immediate offensive bodily contact.
C)No,because she was sleeping and thus not in fear of apprehension of an immediate offensive bodily contact.
D)Yes,because Peter intended to place Mary at risk of unwanted and offensive contact.
E)No,but she would have been successful in suing for battery.

Question 37

Peter brings in a baseball bat to hit Mary because he is mad at her.When he arrives,Mary is sleeping.He lines up the baseball bat with her head and whispers that he is about to take a swing.She wakes up,sees the bat,and screams at him.He does not hit her,but he drops the bat and it falls on her arm and injures her.Mary sues for assault and battery.Is she successful?

A)She can sue for assault but not battery.
B)She is successful at suing for both assault and battery.
C)She can sue for battery but not assault.
D)She cannot sue for either battery or assault.
E)She can sue for battery but only if she demonstrates assault took place first.

Question 38

Matt intends to throw a rock at Jamal and hit Jamal in the head.Jamal is standing directly next to Sally.Matt hits Sally in the head instead of Jamal.What type of tort did Matt commit against Sally?

A)An intentional tort because Matt intended to throw the rock and physical injury resulted.
B)Matt did not commit a tort against Sally because he only intended to strike Jamal with the rock.
C)A negligent tort because he only intended to harm Jamal.
D)An accidental tort because he struck Sally by mistake.
E)A negligent tort because Matt was careless in throwing the rock.

Question 39

Which of the following was the result in Thomas P.Lamb v.Tony Rizzo,the case in the text in which the defending newspaper reporter claimed that he could not be held liable to the plaintiff for making alleged defamatory statements because the plaintiff's reputation as a kidnapper and murderer serving three life sentences was so bad that his reputation could not be further harmed?

A)The court dismissed the lawsuit on the basis that the statements were not false but also recognized that the only proof justifying application of the libel-proof doctrine is proof that a defendant has been sentenced to death.
B)The court allowed the lawsuit to proceed,ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to a defamation lawsuit.
C)The court dismissed the lawsuit,recognizing that the facts fit within the jurisdiction's description of when the libel-proof doctrine might apply based upon the plaintiff's already bad reputation.
D)The court allowed the lawsuit to proceed,ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to the libel lawsuit involved,although the plaintiff's reputation would likely have barred an action for slander.
E)The court allowed the lawsuit to proceed,ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to the slander lawsuit involved,although the plaintiff's reputation would likely have barred an action for libel.

Question 40

If someone is overly fearful,is that person assaulted every time he experiences apprehension?

A)Yes,because assault only requires apprehension regardless of whether it is reasonable.
B)No,because assault requires unwanted physical contact.
C)Yes,because it is necessary to take a person's level of fear into account when interacting with that person.
D)Yes,because assault is judged on the basis of the victim's level of apprehension only.
E)No,because assault requires reasonable apprehension.

Question 41

A reporter does not like a candidate for president and he publishes a made up story about the candidate having an affair.Did the reporter commit a tort?

A)No,because the story was made up and unlikely to be believed.
B)No,because politicians cannot be defamed.
C)No,because the candidate for president is a public figure.
D)Yes,because the reporter acted with actual malice.
E)No,because having an affair would not harm the reputation of a presidential candidate.

Question 42

Does a conditional privilege apply when a defamatory statement is made on the Internet?

A)Yes,because the person defamed can respond with minimal effort.
B)No,because conditional privilege applies only to the spoken word.
C)No,because no such privilege has been established under the law.
D)Yes,because the person defamed can respond in the same format.
E)Yes,because everyone knows statements on the Internet are untrue.

Question 43

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?

A)When a retailer has a reason to believe that a person is guilty of shoplifting,the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time.
B)There is no special rule for shopkeepers.Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting.Instead,the police should be called.
C)Whenever a retailer has a reason to believe that a person is guilty of shoplifting,the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police.
D)The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive.
E)The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police.

Question 44

Which of the following may a person accused of defamation raise as a defense?

A)Need and truth.
B)Privilege but not truth.
C)Need,truth and privilege.
D)Truth but not privilege.
E)Truth and privilege.

Question 45

Kelly is mad at Pier and locks Pier in a closet for two hours without justification.This is an example of ________.

A)False imprisonment.
B)Qualified imprisonment.
C)Forcible detention.
D)Contained detention.
E)False detention.

Question 46

Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom?

A)Only that the statements were made in Parliament.
B)Only that the statements were true.
C)Only that the statements were made in court.
D)That the statements were not made in Parliament or court.
E)That the statements were true,that the statements were made in Parliament,or that the statements were made in court.

Question 47

Which of the following is true regarding awards of punitive damages in the U.S.?

A)Awards of punitive damages in the U.S.are very similar to awards of punitive damages under the Canadian judicial system.
B)The Supreme Court ruled that the issue of punitive damages is for the jury and will not be disturbed on appeal,regardless of the ratio of punitive damages to compensatory damages.
C)A ratio of punitive damages to compensatory damages greater than 9 to 1 violates due process.
D)It is not always easy to predict what a court will do regarding punitive damages in any given case.
E)Punitive damages may not be awarded in excess of $3 million dollars.

Question 48

Which of the following would constitute the privacy tort of false light?

A)Defaming a public figure.
B)Defaming a person with actual malice.
C)Disclosing private facts about a person in order to obtain some sort of personal gain.
D)Attributing characteristics or beliefs to a person that he or she does not possess.
E)Defaming a public figure for personal gain.

Question 49

Why does public figure privilege exist?

A)To discourage discussion about politicians so democracy can function in a more orderly fashion.
B)To encourage free discussion about public figures.
C)To prevent people from making a profit by slandering public figures.
D)To give special protections from defamation to public figures since they are in the public eye and their reputations matter more to them than the average person.
E)To allow people to make up stories about politicians and celebrities because these public figures are people of interest to the public.

Question 50

Which of the following would constitute false imprisonment?

A)Threatening to use immediate physical force to detain someone;physical restraint,such as tying someone to a chair;or moral pressure;but not refusing to release property.
B)Physical restraint,such as tying someone to a chair,but not threatening to use immediate physical force to detain someone,refusing to release property,or moral pressure.
C)Physical restraint and threatening to use immediate physical force,but not refusing to release property or moral pressure.
D)Threatening to use immediate physical force to detain someone;refusing to release property;or physical restraint,such as tying someone to a chair;but not moral pressure.
E)Threatening to use immediate physical force to detain someone;refusing to release property;physical restraint,such as tying someone to a chair;and moral pressure.

Question 51

Brandon installs two-way mirrors in the dressing room of his ladies' clothing store.He secretly uses the mirrors to watch women while they try on clothing.Which of the following torts has Brandon committed?

A)Commercial appropriation.
B)Assault.
C)Intrusion on an individual's affairs or seclusion.
D)Public disclosure of private facts.
E)False light invasion of property.

Question 52

What law gives immunity to providers of interactive computer services for liability they might otherwise incur because of material disseminated by them but created by others?

A)The Internet Communications Act of 2000.
B)The Internet Communications Protection Act of 1998.
C)The Interactive Computer Services Protection Act of 2004.
D)The Blog Protection Act of 2001.
E)The Communications Decency Act of 1996.

Question 53

Samantha creates folders featuring an unflattering photograph of the president of the college she attends,and sells them outside of class for extra money.She did not obtain permission to use the photograph.Which of the following is true?

A)Samantha has committed both defamation and invasion of privacy toward the college president.
B)Samantha has not committed any tort.
C)Samantha has committed defamation of the college president in the form of slander.
D)Samantha has appropriated the photograph for commercial gain,which constitutes an invasion of privacy.
E)Samantha has committed defamation of the college president in the form of libel.

Question 54

Which of the following torts seek to compensate people wrongfully subjected to litigation?

A)Malicious prosecution and abuse of process but not wrongful civil proceedings.
B)Malicious prosecution and wrongful civil proceedings,but not abuse of process.
C)Wrongful civil proceedings but not malicious prosecution or abuse of process.
D)Malicious prosecution,wrongful civil proceedings,and abuse of process.
E)Abuse of process but not malicious prosecution or wrongful civil proceedings.

Question 55

Under a conditional privilege,a party will not be held liable for defamation unless the false statement was made ________.

A)with actual malice
B)publicly
C)to an employer
D)negligently
E)in print

Question 56

Which of the following occurs when someone engages in outrageous,intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed?

A)Intentional infliction of strict-liability distress.
B)Intentional infliction of emotional distress.
C)Negligent infliction of emotional distress.
D)Reckless invasion of solitude.
E)Psychological infliction of distress.

Question 57

A reporter receives information from several highly credible sources that a famous actress is pregnant and that the father of the baby is not her husband.The story is later proved untrue.The actress sues for defamation.Is she likely to be successful?

A)No,because the allegations would be unlikely to damage a person's reputation.
B)Yes,because pregnancy is a private matter even for public figures.
C)Yes,because the printed story would be likely to damage the reputation of the actress.
D)No,because the reporter did not act with actual malice.
E)Yes,because the printed story turned out to be untrue.

Question 58

Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?

A)False imprisonment.
B)Forcible detention.
C)False detention.
D)Contained detention.
E)Qualified imprisonment.

Question 59

When a[n] privilege exists,one cannot be sued for defamation for any false statements made,regardless of intent or knowledge of the falsity of the claim.

A)Compounded
B)Defamation
C)Absolute
D)Simple
E)Complex

Question 60

Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation?

A)Politicians and entertainers,but not small business owners,are generally considered to be public figures.
B)Entertainers,but not politicians,are generally considered to be public figures.
C)Small business owners,but not politicians or entertainers,are generally considered to be public figures.
D)Small business owners and politicians,but not entertainers,are generally considered to be public figures.
E)Politicians,but not entertainers,are generally considered to be public figures.

Question 61

[Hair Stylist Woes] Ryan,a college student,went to see his hair stylist,Melissa.Ryan,who had black,curly hair,requested straight,blond hair.Melissa told him that she could make those changes,but that there would be significant upkeep involved.Melissa made the changes,but Ryan did not do the upkeep required.Ryan proceeded to falsely claim that Melissa did not do what Ryan asked her to do,that Melissa lied to him,and that Melissa was professionally incompetent.Ryan made the statements about Melissa to friends of his.He also wrote a letter to his college newspaper saying that Melissa's shop should be avoided at all costs because Melissa was incompetent.In fact,Melissa was a good hair stylist and enjoyed a good reputation up until the time that Ryan started his criticism.Melissa threatened to sue Ryan for defamation,but Ryan told Melissa that she could not prevail because she could not prove loss of income.Melissa had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated,the damage was primarily among the college population.Her income kept increasing from other segments of the community,and she had suffered no net loss.All her appointment times were booked for weeks ahead.
Which of these apply to the defamation printed in the school newspaper?

A)No tort was committed because an editorial,not a formal news report,was involved.
B)It is libel but not slander.
C)No tort was committed because the falsehood involved matters of appearance,not business-related matters.
D)It is slander but not libel.
E)It is both libel and slander.

Question 62

Carlos,who has a large trust fund,is angry with Isabel because she stopped dating him.Isabel ran a successful dog grooming shop,but Carlos decided to open a dog grooming shop next door and charge less than it would take to make a profit,solely to run her out of business.Which of the following is correct?

A)Carlos has committed the tort of unfair competition.
B)Carlos has not committed any tort.
C)Carlos has committed the tort of interference with contract.
D)Carlos has committed the tort of unfair competition and also the tort of interference with contract.
E)Carlos has committed the tort of disparagement.

Question 63

Under which of the following situations does the tort of trespass to realty occur?

A)When a person intentionally enters the land of another without permission;causes an object to be placed on the land of another without the landowner's permission;or stays on the land of another when the owner tells him to depart;but not when a person refuses to remove something he placed on the property that the owner of the property asked him remove.
B)When a person intentionally enters the land of another without permission;causes an object to be placed on the land of another without the landowner's permission;stays on the land of another when the owner tells him to depart;or refuses to remove something he placed on the property that the owner of the property asked him remove.
C)A person does not commit trespass to realty unless it can be established that the person himself or herself initially entered the land of another without permission.
D)When a person intentionally causes an object to be placed on the land of another without the landowner's permission;refuses to remove something he placed on the property that the owner of the property asked him remove;or intentionally enters the land of another without permission;but not when a person stays on the land of another when the owner tells him to depart.
E)When a person intentionally enters the land of another without permission;or stays on the land of another when the owner tells him to depart;but not when a person causes an object to be placed on the land of another without the landowner's permission or when a person refuses to remove something he placed on the property that the owner of the property asked him remove.

Question 64

As far as the letter to the newspaper is concerned,which of the following is true in regards to Ryan's statement that Melissa cannot recover because she cannot show loss of income?

A)Ryan is correct only if he can establish that he did not intend to cause economic loss to Melissa.
B)Ryan is incorrect because his actions would be considered liable per se.
C)Ryan is incorrect because Melissa has proven special damages.
D)Ryan is correct.
E)Ryan is incorrect because general damages would be presumed.

Question 65

A very wealthy defendant intentionally assaults his butler.The butler sues and the wealthy defendant is found to have committed a tort.The court decides to award punitive damages.In determining the amount of punitive damages,what are some factors that will be taken into account?

A)The fact the defendant is wealthy and that the victim was an employee.
B)The wealth disparity between the butler and the wealthy defendant.
C)The severity of the defendant's conduct and the fact the victim was an employee.
D)The severity of the wrongful conduct and the wealth of the defendant.
E)The length of service the butler provided to the defendant and the wealth of the defendant.

Question 66

Min-ji's threat to punch Daniel in the nose and her action in raising back her arm constitute a[n] ________.

A)Assault and battery
B)Assault
C)Battery
D)Negligence
E)Justified retribution

Question 67

An assault victim sues the person who assaulted her.The court awards her $10,000 to pay for her actual medical expenses,to compensate her for time missed from work,and to compensate her for her pain.The $10,000 is an example of what type of damages?

A)Punitive
B)Revenge
C)Compensatory
D)Retaliatory
E)Nominal

Question 68

Which of the following is not a typical type of compensatory damage?

A)Damages to punish the defendant for wrongdoing.
B)Pain and suffering.
C)Lost wages.
D)Medical expenses.
E)Cost to repair damaged property.

Question 69

A defendant is found liable for causing cancer for dumping toxins into the river.The court awards a plaintiff who was sick $5 million in damages,in addition to compensating the plaintiff for all medical costs,lost wages,pain and suffering,and actual losses.The $5 million award is intended to ensure the company never dumps toxins again.The $5 million is an example of what type of damages?

A)Compensatory
B)Punitive
C)Retaliatory
D)Revenge
E)Nominal

Question 70

Ashley is unhappy with her neighbor,Josh,because Josh is pressing charges against her for repeatedly trespassing on his property.She tells him that unless he drops the charges,she will bring an action against him for nuisance because he plays his stereo late at night at times.While the stereo does not bother Ashley because she is up late anyway,she thinks that will encourage Josh to drop the trespassing charges.Josh,however,continues to press charges,and Ashley proceeds to sue Josh for nuisance.Which of the following is true?

A)Josh can sue Ashley for abuse of process and win only if he wins the nuisance action.
B)Ashley is completely within her rights and has done nothing wrong because Josh really is playing the stereo late at night.
C)Josh can sue Ashley for abuse of process and win regardless of whether or not she wins the nuisance action.
D)Josh can sue Ashley for malicious prosecution and win only if he wins the nuisance action.
E)Josh can sue Ashley for malicious prosecution and win regardless of whether or not he wins the nuisance action.

Question 71

________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

A)Retaliatory
B)Nominal
C)Compensatory
D)Revenge
E)Punitive

Question 72

Min-ji's action in jabbing Daniel after she missed his nose,constitutes which of the following?

A)Nothing because by entering Min-ji's yard,Daniel consented to any offensive touching.
B)Nothing because the conduct would not be deemed offensive.
C)Nothing because Daniel deserved what he got.
D)Nothing because she missed the nose,and Daniel was not actually hurt.
E)Battery.

Question 73

[Pet Police] Min-ji breeds German Shepherd dogs.Daniel,who lives down the street,took in a stray dog loosely identified as a Corgi-plus.The dog,Casanova,would definitely be classified as a mixed breed.Daniel allowed Casanova to roam freely.Unfortunately,Casanova went to visit Min-ji's purebred German Shepherd.Mixed breed puppies resulted from the visit.Min-ji was incensed.She started a campaign to round up all of the stray dogs,including Casanova,and haul them off to the animal shelter.She picked up a few cats as well.She posted signs all over the neighborhood saying that no animal,neither dog,cat,nor fowl,should come into her yard and that she was going to begin shooting the next time an animal entered her property.Daniel and some of the other neighbors took offense.Daniel came to Min-ji's house while she was working in the yard.He walked behind her and shoved her.Min-ji did not see him coming.Min-ji turned around and proceeded to have a heated conversation with Daniel.Min-ji then drew her fist back and told Daniel that she was going to punch him in the nose.Min-ji raised back her arm and started to punch Bernard but he stepped back,and all she managed to do was jab him in the shoulder,causing no actual pain.Liz,who was walking by on the street,saw Min-ji attempting to hit Daniel.Liz came over and grabbed Min-ji's hands,pinning Min-ji 's hands behind her back.
Considering Daniel's shoving of Min-ji in the back,which of the following is true?

A)By shoving her in the back,Daniel committed a battery.
B)Daniel did not commit any torts because he can rely on the self-defense theory.
C)By shoving her in the back,Daniel committed a battery and an assault.
D)By shoving her in the back,Daniel committed an assault.
E)Daniel did not commit any torts because he did not actually physically harm Min-ji.

Question 74

Which statement is true regarding Liz's actions toward Min-ji?

A)Liz committed a battery.
B)Liz committed both an assault and a battery.
C)Liz committed an assault.
D)Liz did not commit any offense because she did not actually hurt Min-ji.
E)Liz did not commit any offense because she was acting in the defense of Daniel.

Question 75

A false statement of a material fact regarding ownership of business property that results in a loss of sales for the business is referred to as ________.

A)Slander of quality
B)Slander of title
C)Trade libel
D)Libel of sale
E)Libel of title

Question 76

The primary type of damages in tort law is referred to as .

A)Compensatory damages
B)Accrual damages
C)Punitive damages
D)Perspective damages
E)Nominal damages

Question 77

A plaintiff sues a defendant for throwing a rock at her.The plaintiff was not harmed in any way,but the court finds that a tort was committed and awards the plaintiff $1 in damages.This $1 in damages is an example of what type of damages?

A)Compensatory
B)Retaliatory
C)Nominal
D)Revenge
E)Punitive

Question 78

Damages awarded to punish the defendant and to deter others from similar conduct are called ________ damages.

A)Nominal
B)Revenge
C)Punitive
D)Retaliatory
E)Compensatory

Question 79

Which of the following is not an example of compensatory damages?

A)Payment for lost wages due to time the plaintiff had to take off from work due to injuries sustained as a result of an intentional tort.
B)Payment for attorney fees the plaintiff incurred filing a lawsuit to get compensation for injuries resulting from an intentional tort.
C)Payment for the plaintiff's medical bills for surgery resulting from the injuries caused by an intentional tort.
D)Payment for the pain the plaintiff endured as a result of an intentional tort.
E)Payment for medical bills for pain killers the plaintiff was prescribed to cope with the pain from an intentional tort.

Question 80

Which of the following involves making false statement about a business product or service that results in a loss of sales?

A)Derogation.
B)Conversion.
C)Disparagement.
D)Abuse of title.
E)Interference with a contract.