Deck 7: Torts: Private Wrongs

Question 1

A statute of repose is a special type of statute of limitations.

Answer 1

True

Question 2

O'Neal calls Bryant dishonest and incompetent when no one else is around.Bryant is neither but no one hears the statement but Bryant and O'Neal.This is an example of slander per se.

Answer 2

False

Question 3

When tort cases are begun in court,the media often publicizes the amount of damages the plaintiff (victim)seeks from the defendant (wrongdoer).This dollar amount is often designed by the plaintiff's lawyer to attract media attention rather reflecting the reasonable value of the client's case.

Answer 3

True

Question 4

Truth is an absolute defense against a defamation lawsuit.

Question 5

Because of their commendable motivation,volunteers who render emergency medical assistance to injured persons are often protected by statute from lawsuits by such injured persons for negligence in the attempted assistance.

Question 6

The awarding of nominal damages recognizes a technical injury when there is no actual loss by the plaintiff.

Question 7

Appropriation of another's name or likeness is a form of the tort of fraud.

Question 8

Deliberately tailgating a car very closely could justify a lawsuit for assault even if no accident occurs.

Question 9

In football and hockey games,there may be a penalty for unnecessary roughness,but there cannot be civil liability because all participants have voluntarily assumed the risk of any injury.

Question 10

When athletes wear defective protective gear and are injured while using the equipment they may bring a suit for consortium against the manufacture and seller of the gear.

Question 11

A business invitee is legally entitled to higher duty of protection by the possessor of premises (usually the owner)than is a social licensee.

Question 12

Drivers on highways are often careless,and even reckless,yet they are not held liable for damages if no one is actually injured.They may,however,be found guilty of traffic law violations if observed,cited and convicted.

Question 13

All doctors are held to the same standard of professional care,wherever they locate their practice.

Question 14

To be actionable in defamation,statements must damage an individual's reputation;No defamation action exists for defamation of a product or business.

Question 15

A defendant who engages in some activity intending to scare,but not harm,another person has committed negligence if the activity goes awry and the victim is injured as well as scared.

Question 16

Punitive damages are akin to fines imposed on convicted criminals and among the purposes of punitive damages are punishment and deterrence of civil wrongs.

Question 17

Statutes of limitation limit the time during which a victim may bring legal action for damages for tortious conduct.

Question 18

Generally,a statute of limitation is tolled while a defendant is out of the jurisdiction.

Question 19

Even deliberate trespassers and burglars have some legal rights while trespassing on another's property.

Question 20

No defendant can be held liable in tort for injuries inflicted upon another person unless the victim can prove by a preponderance of the evidence either intent to injure or negligence.

Question 21

Secretly placing a drug in a person's beverage for the purpose of obtaining consent for sexual favors is a variety of the tort of .

Question 22

Money expended by the plaintiff for medical treatment and other actual out-of-pocket losses are
called damages because they can be specified or itemized precisely.

Question 23

In the case of Reider v Louisiana a baseball player brought a successful assault and battery lawsuit against a fan they threw beer from the stands and hit the center fielder,K.T.Reider.

Question 24

In recent years there have been reports of restaurant employees spitting into food they serve to get even with customers they do not like.Such an action would constitute the tort of negligence.

Question 25

In the so-called McLibel case in England,McDonalds were unable to successfully prove libel or slander.

Question 26

Intentional torts lawsuits (e.g. ,assault and battery)are less common than negligence lawsuits,but they are more likely to subject the tortfeasor to punitive as well as to compensatory damages.

Question 27

end the unlimited time formerly available to sue businesses under the theory
of liability.

Question 28

Someone who enters another person's land or building with the implied or expressed permission or consent of the owner or possessor,for the benefit or convenience of the visitor,is a(n)

Question 29

The reasonable detention of a suspected shoplifter is often a privileged activity because of shopkeeper's statutes.

Question 30

Most injuries,and hence torts,arise from the role of individuals as ,
,and .

Question 31

A downhill snowboarder who hits a tree,receiving serious head injuries probably cannot
successfully sue the ski resort because of the doctrine of .

Question 32

During a four-hour heart bypass operation,a surgical instrument was inadvertently left in the chest of the patient.A second operation,lasting less than one hour,was later performed without charge.The negligence in the first operation could be established in court by the presumption known as
.

Question 33

is the unauthorized taking of the personal property of another accompanied
by the wrongful exercise of rights of ownership.

Question 34

Pain and suffering from injuries caused by a negligent driver in an automobile accident are
examples of damages that compensate for other than out-of-pocket losses.

Question 35

The owner or possessor of land or buildings owes a higher duty of care to business invitees than for licensees (who include U.S.Postal Service employees,utility company meter readers,fire fighters,and police).

Question 36

Painting graffiti on private property - whether a building or an automobile - is a variety of the
tort of for which punitive damages may be awarded.

Question 37

Thanks to many decades of litigation involving negligence,the standards of reasonable care that every person owes to all others is now defined with great clarity and precision.

Question 38

In 2003 the French Parliament limited lawsuits by parents in France based on a doctor's failure to detect a disability in a fetus.

Question 39

The law imposes a general duty on all persons to refrain from wrongfully injuring another person's good reputation through false and harmful,unprivileged statements made to others.

Question 40

Every person (other than infants of tender years,i.e. ,those who have not reached the age of reason,which at common law is under seven years)has a(n)(i.e. ,a mandatory
obligation)imposed by to behave with due care as a(n)
_________________,prudent (i.e. ,cautious and careful)person would behave under the same or similar _________________ .

Question 41

Many states have passed statutes providing merchants with a right and
immunity from certain torts when they detain suspected petty thieves.

Question 42

Which of the following publicized statements about the plaintiff,if false,would not be sufficient to render the speaker liable for slander per se?

A)That the plaintiff is a tax cheat.
B)That the plaintiff has a sexually transmitted disease (STD).
C)That the plaintiff is a sexual predator.
D)That the plaintiff is a liar.

Question 43

Suppose an amusement park has carelessly forgotten to properly adjust a seat strap before starting a first ride of the day.If the seat strap fails and a patron is injured,that facility or owner will probably be found .If the facility instead uses a worn-out strap,knowing the
equipment could fail at any time,that facility or owner will likely be found to have committed acts of if the equipment breaks and injures the rider.

Question 44

Kinsey is being sued for negligence and her defense is that any damages owed should be reduced because of the plaintiff's .

Question 45

A(n)is way a group of similarly situated injured individuals can obtain
redress in a single lawsuit rather than filing hundreds of separate lawsuits.

Question 46

A partial immunity which protects one who makes a defamatory statement in the performance of a legal,moral or social duty,to a person who has a corresponding duty or interest in receiving it is protected from a defamation charge by the defense of ..

Question 47

If a police officer,applying a racial profile,stopped a car driven by a person of dark complexion for a "check" of registration and equipment,the victim possibly could obtain damages for the tort of .

Question 48

A person who lacks sufficient resources to pay his or her legal obligations from a lost lawsuit is said to be .

Question 49

Recent lawsuits against cigarette manufactures have been based on the general theory of .

Question 50

Which of the following is a correct statement?

A)Every crime is also a tort.
B)Every tort is also a crime.
C)Most crimes are also torts.
D)Most torts are also crimes.

Question 51

In a typical negligence lawsuit arising out of an automobile accident,a plaintiff who has suffered injuries will be awarded

A)special and general damages.
B)liquidated damages.
C)punitive or exemplary damages.
D)nominal damages.

Question 52

Which of the following bases for recovery of damages is based on strict or absolute liability?

A)negligence
B)intentional tort
C)slander per se
D)workers' compensation

Question 53

The foreseeability test in negligence is important for the determination of .

Question 54

In the textbook case of,Randi W.V.Muroc Joint Unified School District the court opinion was concerned about the of letters of recommendation

Question 55

Threatening to immediately touch another person without justification,excuse or permission,in a

A)breach of good conduct.
B)battery,if the other person is visibly disturbed and literally shaking.
C)assault.
D)intentional infliction of mental disturbance.

Question 56

The confinement or restraint of another person's activities without justification such as locking a person in a room with privilege to do so is the tort of .

Question 57

The question of whether or not parents should be held responsible for damages for negligence in parenting their children who commit crimes and torts raises the negligence issue of causation called
.

Question 58

is the failure to act as a reasonable,careful person would act under the same
or similar circumstances,thereby causing a foreseeable injury.

Question 59

Stacy told several people at a coffee shop that Pat,a real estate sales agent,was a thief and unfit for her profession.Pat sued for ,claiming damages even though she could
identify none.Stacy's defense would be .

Question 60

A person who is sued for damages because of alleged negligence may successfully defend herself/himself by proving

A)the plaintiff voluntarily assumed the risk.
B)there was no proof of actual causation.
C)the injury was not foreseeable by a reasonable person under the circumstances of the case.
D)any or all of the above

Question 61

A retail store

A)is expected to protect customers from unexpected and unknown dangers.
B)owes trespassers absolutely no duty.
C)is expected to protect customers against known dangers.
D)all of the above

Question 62

Solomon filed a complaint stating: "I was driving my 2000 Lexus carefully and under the speed limit on Sunrise when I came to the intersection of Sunrise and Madison.Garcia was driving his 2002 Ford Pickup on Madison when he ran a red light and collided with my Lexus,causing damages to the Lexus.I demand $12,000 from McKinsey to pay for the damages to my Lexus and $10,000 for medical bills and lost wages." Solomon has made a claim for

A)nominal damages.
B)compensatory damages.
C)punitive damages.
D)penal damages.

Question 63

Which of the following activities (all of which cause serious injuries)is not an example for application of the doctrine of strict liability?

A)A welder,injured on the job in an automobile assembly plant,qualifies for payments under workers' compensation.
B)An elephant,used for many years to help raise a big circus tent,for an unknown reason goes berserk and seriously injures several onlookers among a large group of local residents watching the activity.
C)A heavy duty truck runs a red light and plows into an automobile in a downtown intersection,killing all of the occupants.
D)An undetected defect in the steering mechanism of a heavy-duty truck causes it to crash,killing its driver.
Test Bank

Question 64

Victims of negligence may be able to recover each of the following kinds of damages,if appropriate,except

A)punitive damages.
B)compensatory damages.
C)special damages.
D)damages for loss of consortium.

Question 65

Sako is proud of his meticulously groomed lawn and flower garden.He is allergic to dogs.Every

A)innocent of any wrong.The gun was a toy pistol and he was fully justified in his action.
B)guilty of assault and battery against Spot.
C)guilty of assault against Wyatt because he put her in reasonable fear of an immediate harmful or offensive touching.
D)guilty of negligence.

Question 66

The law does not,and practically cannot,prevent other persons from making false statements,to other people,that defame you.In light of this fact,

A)the First Amendment reference to freedom of speech is ineffectual - a toothless tiger.
B)the law permits you to retaliate with similar false statements about the defamer without incurring liability.
C)the law provides legal remedies for you,but only if the false statements are made in writing,which are more durable than oral statements.
D)the law permits you to sue "after the fact" and collect damages from the defamer.

Question 67

Which of the following statements made by a real estate agent to a prospective buyer of a house offered for sale is an example of legal "puffing" rather than fraud?

A)"This is a solid little house,built in 1995." (The house was built in 1985. )
B)"Believe me,friend.This is your dream home! It's perfect for your family,and the price is right for you!" (The buyer can't afford the house. )
C)"The shake roof is wooden but it's fireproof." (The roof was treated with a fire retardant,warranted for three years,but installed ten years ago. )
D)"Look outside.There's practically no traffic on this street.It is quiet and safe for your kids." (The street becomes a veritable thoroughfare from 7 to 9 AM and 4 to 6 PM every work day. )

Question 68

A postal worker slipped and fell on a garden hose that had been left across the entrance sidewalk of Ellen's home.Later that same day,Susan,who was coming by to attend a lingerie party at Ellen's home,slipped and fell on the same hose.Ellen was aware of the postman's injuries,but made no attempt to remove the hose.As to Susan's injuries

A)Ellen is innocent of any wrong as Susan was a trespasser.
B)Ellen is guilty of assault and battery against Susan.
C)Ellen is probably liable for negligence because Susan was a business invitee to whom was owed a duty to correct dangerous conditions.
D)Ellen is liable under the post office rule.

Question 69

Which of the following statements is least likely to be accurate?

A)The intent of punitive damages is to punish the wrongdoer,not reward the victim.
B)Punitive damages in most states are paid entirely to the victim.
C)Punitive damages in most states are paid partly to the victim and partly to the public treasury.
D)The wealth of the defendant is relevant to the award of punitive damages.

Question 70

Which of the following categories of privacy invasion of an ordinary citizen would not justify an award of damages?

A)unreasonable publicity about one's private life
B)appropriation of another person's name for use in advertisements without permission
C)taking photographs with a zoom lens of a nude sunbather in his or her backyard
D)snapping a person's picture while sitting at a coffee shop

Question 71

Solomon filed a complaint stating: "I was driving my 2000 Lexus carefully and under the speed limit on Sunrise when I came to the intersection of Sunrise and Madison.Garcia was driving his 2002 Ford Pickup on Madison when he ran a red light and collided with my Lexus causing damages to the Lexus.I demand $15,000 from Garcia to pay for the damages to my Lexus and $10,000 for medical bills and lost wages." Solomon

A)has stated a cause of action for fraud.
B)has stated a cause of action for negligence.
C)has stated a cause of action conversion.
D)has no tort claim.

Question 72

Solomon filed a complaint stating: "I was driving my 2000 Lexus carefully and under the speed limit on Sunrise when I came to the intersection of Sunrise and Madison.Garcia was driving his 2002 Ford Pickup on Madison when he ran a red light and collided with my Lexus causing damages to the Lexus.I demand $12,000 from Garcia to pay for the damages to my Lexus and $10,000 for medical bills and lost wages." Garcia answered,denying Solomon's claims.Garcia's answer claims

A)the defense of assumption of the risk.
B)the defense of comparative negligence.
C)the defense of contributory negligence.
D)he is not liable.

Question 73

The law gives which of the following person(s)an absolute privilege to say anything (including false defamatory statements)about other persons without liability for damages?

A)any close personal friend who advises another about the character of a prospective suitor
B)any state or federal legislator who makes the statement during legislative proceedings
C)any doctor in discussing patients with other doctors
D)any lawyer in discussing clients with other lawyers

Question 74

The tort of intentional infliction of emotional distress is exemplified by

A)a practical joker who phones the parents of a college football player at their house in a distant state and says: "I've got good news and bad news about Mike.He's just been named the best player in the conference." (TRUE)"But he was seriously injured in the final game,and...he died a few minutes ago on the operating table." (FALSE)Then,after a pause,"Just kidding folks! He's a hero and he's okay.He is flying home now." (TRUE)
B)an obscene joke made in a public speech by an inebriated toastmaster that offended one half of the audience and shocked another quarter and delighted the remainder.
C)the collision of a heavy truck because the driver fell asleep at the wheel and the driver had lied at semi-annual physical about his physical condition related to sleep issues.The collision is with a motorcycle,and it causes permanent paralysis of the cyclist's lower body.
D)"flipping off" a driver for following too close on the freeway after a near collusion and the driver also was in the commuter lane with no passengers during commute time.

Question 75

Compensatory damages

A)are based on statutory standards of expected losses.
B)are designed to be a civil punishment.
C)attempt to compensate the plaintiff for his or her loss.
D)are only available for intentional torts.

Question 76

A person who detains someone for shoplifting

A)may be liable for false imprisonment if she/he holds a suspected shoplifter for an unreasonably long period of time.
B)is always liable for detaining a suspected shoplifter who turns out to be innocent.
C)cannot be held liable for false imprisonment if the suspect had shoplifted store merchandise in the past.
D)is legally required to be a licensed security guard.

Question 77

Punitive damages are

A)generally not available in tort cases.
B)only available in negligence actions.
C)available damages for the tort of intentional infliction of mental distress.
D)no longer available without specific legislative approval.

Question 78

Solomon filed a complaint stating,"I went over to my neighbor Garcia's house and he refused to let me borrow his lawn mower.A possible buyer of my house came over that evening and,when she saw my unkept lawn decided not to buy the house.I demand $2,000 from Garcia because he would not let me use his lawn mower and cost me a sure sale." Solomon

A)has stated a cause of action for fraud.
B)has stated a cause of action for negligence.
C)has stated a cause of action conversion.
D)has no tort claim.

Question 79

Fault is not a factor in the tort of

A)false imprisonment.
B)battery.
C)negligence.
D)strict liability.

Question 80

A public official who claims to be the victim of a harmful statement injuring the official's reputation.

A)must establish the existence of malice to recover damages for defamation.
B)is legally banned from recovering for slander but can recover for libel for injuries to their political future.
C)can only seek a retraction rather than any recovery of damages.
D)is legally banned from recovering for any defamation action.