Deck 6: Torts and Product Liability

Question 1

In a suit for malicious prosecution,the courts require plaintiffs to prove:

A)The plaintiff in the original lawsuit instituted or was responsible for instituting the original lawsuit.
B)There was no probable cause for the first lawsuit.
C)The plaintiff in the original lawsuit brought it with malice.
D)All of the above.

Answer 1

D

Question 2

Law protects persons from the unauthorized:

A)Touching.
B)Restraint.
C)Other contacts.
D)All of the above.

Answer 2

D

Question 3

The courts look favorably on malicious prosecution lawsuits.

Answer 3

False

Question 4

Examples of battery,if injury occurs,include:

A)Knocking off a hat.
B)Throwing a rock.
C)Shooting an arrow.
D)All of the above.

Question 5

Examples of the tort of invasion of the right to privacy include:

A)Reading someone else's mail.
B)Wiretapping.
C)Searching another's personal computer.
D)All of the above.

Question 6

Opinions are often defamatory and actionable.

Question 7

In the tort of appropriation,the plaintiff can:

A)Recover the unauthorized profits made by the offending party.
B)Obtain an injunction against further unauthorized use of their identities.
C)Both of the above.
D)None of the above.

Question 8

False imprisonment requires that the victim be locked up in a municipal or other official jail or prison.

Question 9

Assault is:

A)The threat of immediate harm or offensive contact.
B)Any action that arouses reasonable apprehension of imminent harm.
C)Both of the above.
D)None of the above.

Question 10

There is no such thing as the tort of outrage.

Question 11

Tort is the French word for:

A)Damages.
B)Fees.
C)Wrong.
D)All of the above.

Question 12

Under the shopkeeper's privilege,merchants may stop,detain,and investigate suspected shoplifters without being held liable for false imprisonment if:

A)There is reasonable grounds for the suspicion.
B)Suspects are detained for only a reasonable time.
C)Investigations are conducted in a reasonable manner.
D)All of the above.

Question 13

In Wal-Mart Stores v.Goodman the civil jury found that Wal-Mart had acted reasonably.

Question 14

Defamation of character requires the plaintiff to prove that:

A)The defendant made an untrue statement of fact about the plaintiff.
B)The statement was intentionally or accidentally published to a third party.
C)Both of the above.
D)None of the above.

Question 15

People normally do not have exclusive legal rights to control and profit from the commercial use of their name and personality.

Question 16

Publication,in terms of defamation of character,means published in the newspaper,magazine,or in books.

Question 17

The doctrine of transferred intent transfers the perpetrator's intent from the target to the actual victim of the act.

Question 18

The term for an oral defamatory statement is libel.

Question 19

Unintentional torts require that the plaintiff prove:

A)The defendant owed a duty of care to the plaintiff.
B)The defendant breached the duty of care.
C)The plaintiff suffered injury.
D)All of the above.