Deck 4: Tort Law

Question 1

For an act to be considered defamatory, it is necessary to show that the harmful statement was made in such a way that others heard or read it.

Answer 1

True

Question 2

Negligence per se occurs when a defendant, in a case of negligence, has violated a law that was enacted in order to prevent the type of injury that occurred.

Answer 2

True

Question 3

A public nuisance affects the community or the general public.

Answer 3

True

Question 4

A tort, in contrast to a crime, is a violation of the rights of an identifiable individual or business that has been wronged either intentionally or by negligence.

Question 5

Defamation is the harming of a person's reputation and good name by the communication of an insulting statement, regardless of its truth.

Question 6

A person can be charged with creating a public nuisance by causing loud noises, creating foul odors, shining bright lights, or diverting a stream.

Question 7

Defamation, nuisance, conversion, and negligence are various kinds of:

A) common torts.
B) grave criminal offenses.
C) trade jargon.
D) commerce factors.

Question 8

Under a doctrine known as strict liability, people may be liable for injuries to ?others whether or not they have done something wrong.

Question 9

There are no special privileges in making the defamatory statement to any person accused of defamation.

Question 10

Under the doctrine of comparative negligence, the injured parties bringing the lawsuit are prevented from recovering damages even if they are partly at fault.

Question 11

The law of torts deals with duties imposed by contract and is not concerned with the violation of private rights.

Question 12

The tort of slander requires a directly defamatory statement. Gestures alone can never be slanderous.

Question 13

A nuisance entails the complete taking over of another's property.

Question 14

If a defamatory statement can be proved to be true, the person who claims that he or she was defamed cannot recover damages.

Question 15

Slander is the spreading of damaging words or ideas about a person, directly or indirectly, in all other forms not considered libel.

Question 16

To call someone a thief to the person's face may amount to:

A) defamation.
B) insult.
C) nuisance.
D) negligence.

Question 17

Conversion may not ?involve removal, damage, destruction, or unauthorized use of another person's property.

Question 18

Vicarious negligence is the charging of a negligent act of one person onto another.

Question 19

Libel is the spreading of damaging statements in written form-including pictures, cartoons, effigies, and defamation on radio, television, and websites.

Question 20

Under the doctrine of contributory negligence, injured parties are not prevented from recovering damages even if they were partly at fault.

Question 21

If the person accused of __________ had a special privilege, such as an attorney in a court proceeding who accuses a witness of lying, then the complainant cannot recover damages:

A) defamation.
B) false imprisonment.
C) vis major.
D) negligence.

Question 22

A tort ?action for conversion is one way to:

A) award punitive damages.
B) attach private property.
C) replace the money or property.
D) punish the wrongdoer.

Question 23

The law gives each person the right to own and use personal property without interference from others. When this right is denied or abridged by another, the wrongdoer is said to have committed the tort of:

A) nuisance.
B) conversion.
C) libel.
D) scandal.

Question 24

Apart from defamatory statements published in books, newspapers, magazines, and websites, the possibility of libel also exists in:

A) speech.
B) parasailing instruction manuals.
C) cookery guides.
D) ?business and personal letters.

Question 25

The common defenses to charges of defamation are:

A) insanity and privilege.
B) truth and falsehood.
C) truth and privilege.
D) privilege and falsehood.

Question 26

The tort of trade libel is similar to:

A) scandal.
B) libel.
C) vicarious liability.
D) traditional defamation.

Question 27

The charge of defamation includes which of the following torts?

A) libel
B) false imprisonment
C) patent infringement
D) all of the above

Question 28

The most common form of slander involves:

A) gestures and actions.
B) pictures.
C) spoken words.
D) cartoons.

Question 29

The tort of slander:

A) is limited to spoken defamation.
B) includes spoken words and gestures.
C) is limited to words spoken in anger.
D) is limited to written words.

Question 30

If the person accused of defamation had a special privilege in making the defamatory statement, such as an attorney in a court proceeding who accuses a witness of lying, the person who claims he or she was defamed:

A) cannot recover damages.
B) can recover damages.
C) can file a suit of defamation .
D) can make defamatory statement against attorney.

Question 31

Most cases of slander involve thoughtless statements that affect another person's:

A) reputation.
B) property.
C) capital.
D) nationality.

Question 32

To avoid legal action either as an individual or as an employee, each person must exercise reasonable care and good judgment to avoid:

A) causing injury to others.
B) curtailing others' rights.
C) breaching duties.
D) payment of compensation.

Question 33

The tort of trade libel deals with:

A) an individual's title to property.
B) the quality of a firm's research activities.
C) spoken defamation of a company.
D) written defamation relating to a firm's employees.

Question 34

The spreading of damaging statements in written form is known as:

A) slander.
B) libel.
C) negligence.
D) false imprisonment.

Question 35

Defamation is a broad term that includes both:

A) libel and slander.
B) libel and conversion.
C) nuisance and libel.
D) grand and petty conversion.

Question 36

A person who has wrongfully taken, detained, or illegally assumed ownership has committed the tort of:

A) libel.
B) defamation.
C) slander.
D) conversion.

Question 37

The tort of slander is the spreading of damaging words or ideas about a person, directly or indirectly, in all other forms not considered _______.

A) defamation.
B) libel.
C) an intentional tort.
D) negligence

Question 38

In conducting business, a firm and its owners have the right not to be subjected to:

A) politically correct statements.
B) truthful statements.
C) false and malicious statements.
D) acts of negligence.

Question 39

A person who acts in a way that denies another the right to enjoy his or her property without unreasonable interference is liable under:

A) government nuisance.
B) public nuisance.
C) defamatory tort.
D) private nuisance.

Question 40

A term that is used in cases involving the negligence of professionals is:

A) false imprisonment.
B) vis major.
C) misfeasance.
D) malpractice.

Question 41

Explain the kinds of actions that can be slanderous.

Question 42

Describe "defamation," how it relates to libel and slander, and what constitutes a defamatory act.

Question 43

Explain the phrase "reasonable person."

Question 44

A completely fictitious individual who is assumed to have the "judgment and skill" one would expect from a person with the strengths and limitations of the person whose behavior is being judged is:

A) a person with a criminal background.
B) a person with a legal background.
C) a person of ordinary prudence.
D) a person with a high IQ.

Question 45

The failure to exercise the necessary care not to expose others to unreasonable risk of harm is the tort of:

A) liability.
B) defamation.
C) negligence.
D) misfeasance.

Question 46

Contributory negligence is ________ the party who is charged with negligence.

A) an intentional act by
B) an accusation by
C) a defamatory act by
D) a legal defense of

Question 47

Describe the term "negligence" as it applies to the law of torts.

Question 48

The law gives everyone the right to enjoy his or her land without unreasonable interference from others. What tort would be applicable if that right is denied?