Deck 7: Introduction to Tort Law

Question 1

In Katko v. Briney, the court held that a property owner was not legally justified in using a spring-gun capable of inflicting death or serious injury to protect an unoccupied structure on his property.

Answer 1

True

Question 2

The "actual cause" as an element of proving negligence is sometimes called the "but for" cause; i.e., "but for" the negligence of the defendant, the plaintiff's injuries would not have occurred.

Answer 2

True

Question 3

A newsmagazine may use a baseball player's picture on its cover without first obtaining written permission.

Answer 3

True

Question 4

Compensatory damages include what kinds of things?

A) money for pain and suffering
B) lost wages for time spent recovering from a tort's injuries to plaintiff
C) attorney's fees
D) a and b only
E) a, c, and c

Question 5

Tort law is intended to punish wrong-doers to that the public is protected from negligence and intentionally harmful acts.

Question 6

If a plaintiff recovers $1 million as compensatory damages, she doesn't need to pay tax on the award.

Question 7

"Assault" is defined as the unauthorized and harmful or offensive physical contact with another person that causes injury.

Question 8

There is a well-established defense to a plaintiff's tort action where the plaintiff has knowingly and voluntarily entered into a hazardous activity, which results in injury. This is known as _____.

A) causation in fact
B) assumption of risk
C) negligence of plaintiff
D) negligence per se
E) res ipsa loquitur

Question 9

Statements made during the course of judicial proceedings can serve as a basis of a defamation suit.

Question 10

The word tort is derived from the French word tortum, which means twisted or crooked.

Question 11

Under product misuse, a plaintiff who uses a product in an unexpected and unusual way will ordinarily be able to recover money damages for injuries caused by such misuse.

Question 12

In Katko v. Briney, the plaintiff was injured by a spring gun while trespassing on the defendant's property. The court held that it was a(n) _____.

A) intentional tort
B) negligence per se
C) res ipsa loquitur
D) defamation
E) contract interference

Question 13

In a civil case, the tort victim or his family, not the state, brings the action.

Question 14

Making fun of a public figure in the U.S. is legally risky, because the First Amendment offers little protection for those who would deliberately inflict emotional distress on Facebook or other social media.

Question 15

In a strict liability case, the plaintiff does not need to show "fault" (or negligence).

Question 16

Which of the following is an example of a battery?

A) Pointing a loaded gun at a person.
B) Swinging a fist at someone without hitting him/her.
C) A person poking someone in the chest with his/her finger to emphasize a point.
D) Throwing an object at someone, causing anxiety or fear to someone nearby.
E) Tapping someone on the shoulder to ask a question.

Question 17

Intentional torts result from a defendant's failure to exercise ordinary or "due" care.

Question 18

Which of the following is true in case of a tort?

A) A conduct that is not twisted or crooked but straight is a tort.
B) The law provides remedies for all "wrongs".
C) In a civil case, the state, not the tort victim, brings the action.
D) A tort is an act against the people as a whole.
E) The judgment against a defendant in a civil tort suit is usually expressed in monetary terms.

Question 19

The law of negligence requires us to avoid doing anything that might cause harm to others, no matter how unforeseeable the harm might be. This way, we are all protected from harm at the hands of others.

Question 20

U.S. law imposes no obligation to rescue anyone in a situation we did not have a hand in creating.

Question 21

Explain in brief the various dimensions of tort.

Question 22

An "act of God," is sometimes called _____.

A) force majeure
B) respondeat superior.
C) estoppel
D) voir dire
E) res ipsa loquitur

Question 23

George has a car accident with Lijuan in New Mexico, where both of them reside. New Mexico is a comparative negligence jurisdiction. George is 60% at fault, and Lijuan is 40% at fault, according to the jury. His damages amount to $100,000, according to the jury's calculations. What, if anything, will he recover?

A) Nothing, because he was partially at fault and this is a comparative negligence jurisdiction.
B) Not more than $40,000, because he was 40% at fault.
C) Nothing, because this is a comparative negligence jurisdiction, and he needs to be only 50% at fault -- or less -- to recover anything.
D) $40,000, but he has to pay Lijuan $60,000, so he might as well not bring a lawsuit.

Question 24

In Whitlock v. University of Denver, d; Moderate

A) the trial jury awarded Whitlock compensatory damages, believing that the University had been more negligent than Whitlock himself.
B) the Supreme Court of Colorado made an important distinction between a "negligent failure to act" and "negligent affirmative action."
C) the Supreme Court of Colorado determined that the University of Denver had an affirmative duty to protect its students, "in loco parentis."
D) a and c
E) a and b

Question 25

Identify the legal doctrine that states that a principal must respond to claims brought against one of its agents.

A) Estoppel
B) Respondeat superior
C) Res ipsa loquitur
D) Negligent entrustment
E) Proximate cause

Question 26

Which of the following is a proximate cause?

A) When the injuries to the plaintiff are not the foreseeable result of the defendant's conduct.
B) If an injury would not have occurred but for the defendant's conduct.
C) A cause that is foreseeable and "not too remote."
D) An event that is a "breach of the duty of due care" on the part of the defendant.
E) A defense to a plaintiff's action where the plaintiff has knowingly entered into a risky activity that results in injury.

Question 27

Merv Grazinski, driving his Winnebago, put it on cruise control to go make coffee. The Winnebago went off the road, turned over several times, and left Grazinski paralyzed from the waist down. He brings a product liability lawsuit against Winnebago. Which of the following is the best possible defense for Winnebago to use at trial?

A) Res ipsa loquitur
B) Contributory negligence.
C) Strict liability
D) Assumption of risk
E) Proximate cause

Question 28

In what ways can tortuous interference be established?

Question 29

A New York statute makes it a(n) _____ to use the name, portrait, or picture of any person for advertising purposes or for the purposes of trade (business) without first obtaining written consent.

A) quasi-criminal offence
B) absolute liability offence
C) misdemeanor
D) felony
E) infraction

Question 30

In Lester v. Albers Super Markets, Inc., the court's decision was largely based on which of the following reasons?

A) The plaintiff stepped out of the line to put the can on the counter.
B) Several people witnessed the scene and the plaintiff was humiliated.
C) The store manager intercepted the plaintiff and demanded that she submit her bag.
D) There was no force or threat of any character.
E) The plaintiff suffered severe emotional distress.