Deck 9: Torts and Privacy Protection

Question 1

In CASE 9.1 Kubert v.Best (2013),the court ruled that an individual who is texting from a location remote from the driver of a car can be held liable for persons injured because the driver was distracted by the text message.

Answer 1

False

Question 2

Under the Children's Online Privacy Protection Act,websites are prohibited from collecting personal information from children regardless of whether parental consent is obtained.

Answer 2

False

Question 3

A single set of facts may give rise to claims under more than one tort.

Answer 3

True

Question 4

Intentional torts require the plaintiff to prove actual or implied intent.

Question 5

A tort is a type of civil or criminal wrong.

Question 6

The tort of conversion requires that the defendant know that the goods belonged to the plaintiff.

Question 7

The tort of intentional infliction of emotional distress protects a person's right to peace of mind.

Question 8

A number of states have enacted statutes offering some protection to employers who make recommendations in good faith so that those who include negative information are not subject to a defamation suit by the former employee.

Question 9

Intent may be transferred.

Question 10

The tort of malicious prosecution protects the right to enjoy the benefits of legally binding agreements.

Question 11

Contributory negligence means a defendant who is only 5 percent responsible for causing a plaintiff 's injuries will not be liable for more than 5 percent of the total damages awarded.

Question 12

Trespass to personal property and conversion are different names for the same tort.

Question 13

A professional athlete injured during practice is deemed to have consented to the physical contact attendant to practice.

Question 14

Assumption of risk is a defense to the tort of negligence.

Question 15

Playing loud music late at night for recreation in a residential neighborhood can constitute a private nuisance.

Question 16

In most states shopkeepers who detain and later release a shoplifter may be held liable for false imprisonment even if the detention was reasonable and based on reasonable cause.

Question 17

Trespass may occur below the surface of land.

Question 18

Germany requires bystanders to try and help those in danger if trying to help will not put the bystanders at risk.

Question 19

The Federal Trade Commission takes the position that it is an unfair or deceptive trade practice under the Federal Trade Commission Act for firms to fail to honor their own privacy policies.

Question 20

All but three states have enacted some type of medical tort reform,which generally caps the amount of noneconomic damages an injured plaintiff can recover in a lawsuit.

Question 21

Tort damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred.

Question 22

Spoken defamation is known as

A) libel.
B) slander.
C) malicious intent.
D) invasion of privacy.

Question 23

Perry attempted to hit Bailey without good cause; but Bailey ducked,and Perry hit Adrian instead.Adrian had been looking the other way and did not see it coming and was shocked when the blow landed.Which of the following is true regarding the cause of action,if any,Adrian would have against Perry?

A) Adrian would not have any cause of action against Perry because contact between them happened by accident.
B) Based on the theory of transferred intent,Adrian would have a cause of action against Perry for assault.
C) Based on the theory of transferred intent,Adrian would have a cause of action against Perry for assault and battery.
D) Based on the theory of transferred intent,Adrian would have a cause of action against Perry for battery.

Question 24

The United States is regarded as providing adequate privacy protection under privacy laws of the European Union.

Question 25

_____ occurs when an individual exercises dominion and control over the personal property,rather than the real property,of another.

A) Conversion
B) Trespass
C) Involuntary deceit
D) Both conversion and trespass

Question 26

The wrongful interference with the right to the quiet use and enjoyment of land is associated with the tort of

A) trespass.
B) nuisance.
C) ultrahazardous activities.
D) strict liability.

Question 27

______ is the publication of statements derogatory to the quality of the plaintiff's business,to the business in general,or to the plaintiff's personal affairs in order to discourage others from dealing with him or her.

A) Disparagement
B) Critical falsehood
C) Defamation
D) Malicious derogatorism

Question 28

A postoperative x-ray shows a surgical sponge left in a patient's stomach.Liability in this case is established by:

A) assault and battery.
B) negligence in good faith.
C) res ipsa loquitur.
D) mens rea.

Question 29

The U.S.Supreme Court has held that in order for a public official or public figure to recover damages for defamation by a media defendant,there must be a showing of

A) intent.
B) negligence.
C) actual malice.
D) invasion of privacy.

Question 30

An intoxicated employee causes an automobile accident after drinking alcohol at a company function.Under what tort can the employer be held liable? (See the Lev v.Beverly Enterprises-Massachusetts,Inc.,case.)

A) An employer can be liable to the plaintiff injured in the accident,based upon the principle of vicarious liability
B) An employer can be liable to the plaintiff injured in the accident,under an aided-in-the-agency theory.
C) An employer can be liable to the plaintiff injured in the accident,based upon successor liability.
D) The employer is never liable to the plaintiff injured in the accident.

Question 31

Based on the text,if employees sue a company who transmits their names and Social Security numbers to managers in the company in an unsecured manner,how might a court rule? (See the Bodah v.Lakeville Motor Express,Inc.case.)

A) The court might rule that a publication occurred and that the employees could proceed with a cause of action based on invasion of privacy.
B) The court might rule that the employees had no right to privacy in relation to distribution of social security numbers because the numbers are issued by the government.
C) The court might rule that the employees could not proceed with an action for invasion of privacy because no publication of the information at issue occurred.
D) The court might rule that the employees could not proceed with an action for invasion of privacy because health information was not involved.

Question 32

According to the text,is an employer negligent for failing to protect an employee from being attacked by a dog,regardless of whether the dog is known to have abnormally dangerous propensities? (See the Labaj v.VanHouton case.)

A) An employer has no duties in regard to an animal on the premises because of the rule that animals cannot be absolutely controlled under any circumstances.
B) An employer can be held strictly liable for failing to protect an employee from getting attacked by a dog,even if the dog is not known to possess abnormally dangerous propensities.
C) An employer cannot be negligent for failing to protect an employee from getting attacked by a dog unless the dog is not known to possess abnormally dangerous propensities.
D) An employer can be negligent for failing to protect an employee from getting attacked by a dog,even if the dog is not known to possess abnormally dangerous propensities.

Question 33

Which of the following is true regarding battery?

A) Battery is the negligent,nonconsensual,harmful,or offensive contact with the plaintiff's body or with something in contact with it.
B) Battery is the intentional,nonconsensual,harmful,or offensive contact with the plaintiff's body or with something in contact with it.
C) Battery is the intentional,consensual,harmful,or offensive contact with the plaintiff's body or with something in contact with it.
D) Battery is the negligent,consensual,harmful,or offensive contact with the plaintiff's body or with something in contact with it.

Question 34

The tort of negligence does not include the element of

A) duty.
B) causation.
C) fault.
D) intent.

Question 35

Written defamation is known as

A) libel.
B) slander.
C) malicious intent.
D) invasion of privacy.

Question 36

Which of the following is true regarding assault?

A) Assault is an intentional,nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent.
B) Assault is an intentional,nonconsensual act of offensive contact.
C) Assault is a negligent,nonconsensual act that gives rise to the apprehension that a harmful or offensive contact is imminent.
D) Assault is a negligent,nonconsensual act of harmful or offensive contact.

Question 37

Which of the following is subject to successor liability?

A) A defendant who is the second person to physically harm an individual during an incident
B) A defendant who stands guard at the door while a victim is falsely imprisoned
C) A defendant who is a subsequent owner of a company held liable for producing a faulty product
D) A defendant who sells personal information about clients to a business's competitor

Question 38

What does the term respondeat superior mean?

A) Let the master answer.
B) Let the servant answer.
C) Let the servant or master answer.
D) The master was negligent.

Question 39

Under the doctrine of __________,the plaintiff's negligence is an absolute bar to recovery against the defendant.

A) contributory negligence
B) comparative negligence
C) contribution
D) indemnity

Question 40

Which of the following is not a part of the measure of compensatory damages?

A) The cost to repair or replace an item
B) The decrease in market value of an item
C) Compensation for medical expenses
D) Damages to deter others from engaging in similar conduct

Question 41

What must a plaintiff show to successfully sue for malicious prosecution?

A) That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis
B) That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis,and that the earlier case was resolved in the plaintiff's favor
C) That a prior proceeding was instituted against him or her negligently and that the earlier case was resolved in the plaintiff's favor
D) That a prior proceeding was instituted maliciously,that the plaintiff was a public official or public figure,and that the earlier case was resolved in the plaintiff's favor

Question 42

Jess has just learned that the latest issue of The Blurb,the local school newspaper,has referred to Jess as a "liar,cheat,and a lousy student." In fact,Jess is a lousy student,but also an exceptionally honest person.Explain in detail what theory Jess can use to recover damages from The Blurb.What defenses are available to the newspaper?

Question 43

Ryan is suing Darby for negligence arising out of a boating accident.What are the elements that Ryan must prove in order to win the case? Discuss fully.

Question 44

Which of the following is a provision under the federal Fair and Accurate Credit Transactions Act of 2003?

A) Consumers can "flag" their credit files if they think they are at risk of becoming a victim of identity theft or fraud.
B) A warrant is required to obtain historic geographic tracking information from an individual's cell phone service provider during a criminal investigation.
C) Financial institutions must give notice to their customers before sharing personal information with other entities and give customers the right to opt out of disclosures to third parties.
D) All employers are required to develop privacy policies and procedures to safeguard protected health information.

Question 45

Malin told Parker that Parker could park a farm tractor on Malin's land but only for one month.Two months later,Malin is annoyed because the farm tractor is still in the same place; and Parker refuses to move it.Which of the following causes of action,if any,would Malin have against Parker?

A) Trespass
B) Nuisance
C) Negligence
D) Trespass and nuisance,but not negligence

Question 46

Discuss the liability of the attorneys to third parties,particularly in the matter of the Enron fraud case.

Question 47

The Health Insurance Portability and Accountability Act of 1996 is better known as _____ and is meant to _____.

A) HIPAA; ensure the privacy of personal medical information
B) Obamacare; develop privacy policies and procedures to safeguard protected health information
C) HITECH; provide notification of a breach of "unsecured protected health information"
D) Omnibus Final Rule; prevent websites from collecting personal information from children under age 13 without parental consent

Question 48

Which of the following is true regarding what a plaintiff may recover under strict liability once the court determines that the activity is abnormally dangerous?

A) The doctrine of comparative negligence determines the amount a plaintiff may recover.
B) Only where respondeat superior is in evidence could any damages be collected.
C) Evidence of due care would prevent an award of punitive damages under strict liability.
D) Evidence of due care would prevent an award of punitive damages under a theory of negligence.

Question 49

CASE 9.1,Kubert v.Best (2013)examined the question of whether a third party who was not present,but was __________ the driver of the car who hit the plaintiff,had __________ the person who was injured.

A) texting; a legal duty of care to
B) talking to; a legal duty to
C) texting; a legal defense to
D) texting; distracted

Question 50

Which of the following is the best defense to negligence?

A) The plaintiff was a friend of the defendant.
B) The defendant did not intend to harm the plaintiff.
C) The defendant was concerned for the safety of the plaintiff.
D) The plaintiff contributed to the plaintiff's own injuries.

Question 51

Define and differentiate between compensatory damages and punitive damages.

Question 52

A court order prohibiting a defendant from continuing a certain activity would be called a(n)

A) injunction.
B) indictment.
C) edict.
D) due care order.

Question 53

Billie,a student at State University,needed a way to get some cash quickly and so took a photograph of State University's star athlete,Morgan,and started selling jerseys with Morgan's photograph on the back under the caption of "So Hot." Morgan wants to sue for defamation and asks you about the chances of winning on a defamation claim and if there is anything else under which a suit could be brought.Discuss the elements of the legal theories involved and what you should tell Morgan.

Question 54

Under the doctrine of __________,the plaintiff may recover only the proportionate amount of damages attributable to the defendant's negligence.

A) contributory negligence
B) comparative negligence
C) contribution
D) indemnity

Question 55

Under the doctrine of __________ liability,once the court determines that multiple defendants are at fault,the plaintiff may collect the entire judgment from any one of them,regardless of the degree of that defendant's fault.

A) joint and individual liability
B) cumulative liability
C) contributory liability
D) joint and several

Question 56

The Smiths are landscaping their backyard to include a Jacuzzi,outdoor covered bar with appliances,and fountain waterfall.The construction workers have left a small backhoe and other equipment over the weekend.No fences were erected around the equipment and unfinished work.Several neighbor children were climbing on piles of dirt and stones.While jumping from one pile to another,one child fell and suffered a broken leg.The parents of this child could sue for compensation of medical expenses under _____ even though the children had been trespassing.

A) respondeat superior
B) foreseeable trespasser
C) attractive nuisance
D) actual malice

Question 57

Blastco is an expert demolition company.During the process of leveling some land,Blastco fell behind in its schedule and used twice the normal amount of dynamite to blast some hills.When a charge exploded,the blast broke several of the windows in Reese's home.Reese lives near the blast site.What theory or theories may Reese use to recover damages from Blastco? Discuss fully.

Question 58

In the classic case Palsgraf v.Long Island Railroad (1928),the court denied Mrs.Palsgraf's claim of negligence on the ground that her injuries were __________,therefore the railroad employee's actions were not __________ of her injuries.

A) not foreseeable; a proximate cause
B) not foreseeable; an actual cause
C) the actual cause; representative
D) not foreseeable; the intentional factor in the claim