Question 1

Fred approaches his co-worker Gloria in the office supply room and closes the door.Fred describes,in detail,the porno movie he watched last night.Fred has Gloria "trapped" in the room,causing her to fear that he might try something.Fred says that since they are alone he could show Gloria what the movie was about.Fred:

Accepted Answer

A) might be liable for assault 
B) might be liable for battery 
C) might be liable for invasion of privacy 
D) might be liable for nuisance 
E) has committed no tort,he just has bad judgment

Question 2

Which of the following torts protect individuals from harm from the unintentional but legally careless conduct of others:

Accepted Answer

A) strict liability 
B) hazardous liability 
C) nuisance 
D) conversion 
E) none of the other choices

Question 3

The notion of cause in fact in a tort is also called the "but for" or sine qua non rule.

Accepted Answer

A) True 
 B)False

Question 4

In Fuerschbach v.Southwest Airlines,where Fuerschbach was "arrested" by the police as a prank at work,the appeals court held that there could be a tort of assault and battery by the police because:

Accepted Answer

A) the officers did not intend to cause an offensive contact,but ultimately did cause an offensive contact 
B) the officers intended to cause an offensive contact,but did not actually cause an offensive contact 
C) the officers' conduct was not that of reasonable persons in the given situation 
D) the officers did not intend to cause an offensive contact and did not cause an offensive contact 
E) none of the other choices

Question 5

One concept behind the tort of invasion of privacy is to:

Accepted Answer

A) encourage the public exposure of true private facts 
B) protect individual rights to solitude and freedom from unwarranted public exposure 
C) allow the government to tap telephone conversations 
D) place criminal sanctions on the use of a person's name without their permission 
E) protect the publication of "false light" stories

Question 6

Joe sneaks up behind Mary at work.He grabs Mary and caresses her.Mary thinks Joe is a jerk and has never encouraged him.She runs away.Mary could best sue Joe for the tort of:

Accepted Answer

A) invasion of right to privacy 
B) libel 
C) assault 
D) defamation 
E) none of the other choices would be the best tort

Question 7

You see a house on fire and rush in to save a person trapped in the house.You suffer burns from the fire.The person who negligently started the fire has no legal obligation to you because there was no knowledge you would become involved.

Accepted Answer

A) True 
 B)False

Question 8

To defeat a defense of qualified privilege,the plaintiff must establish that the defendant acted with:

Accepted Answer

A) purpose 
B) actual malice 
C) half-hearted malice 
D) negligence 
E) none of the other choices

Question 9

The doctrine of comparative negligence permits damages to be:

Accepted Answer

A) increased by the magnitude of defendants' wrongdoing 
B) increased by the amount of plaintiffs' goodwill 
C) increased by the amount the judge thinks necessary 
D) decreased by the percentage of defendants' negligence 
E) none of the other choices

Question 10

In Noel v.River Hills Wilsons,Inc. ,where Noel sued Wilsons for accidentally providing false negative information to his current employer which caused him to lose his job,the appeals court found that:

Accepted Answer

A) Noel did not have a case of libel or slander because the information was actually true 
B) Noel did not have a case of libel or slander because there was no malice motivating the provision of the information 
C) Noel did not have a case of libel or slander because he had previously offended the CEO of River Hills Wilsons,Inc. 
D) all of the other specific choices 
E) none of the other specific choices

Question 11

For the appeals court to reverse the district court's summary judgment for the defendants in Reynolds v.Ethicon Endo-Surgery,where Reynolds suffered a miscarriage soon after her employer told her she would be fired if she did not move to another city and subsequently sued for emotional distress,Reynolds would have had to show that:

Accepted Answer

A) the defendant committed an act amounting to extreme or outrageous conduct 
B) the defendant had the intent to cause Reynolds extreme emotional distress 
C) the defendant's conduct was the cause in-fact of the Reynolds's injuries 
D) Reynolds suffered an extreme disabling emotional response to the defendant's conduct 
E) all of the other choices

Question 12

In an intentional tort action,motive is ______________ the act.

Accepted Answer

A) legally indistinct from 
B) legally distinct from 
C) indistinguishable from 
D) a key component of 
E) none of the other choices

Question 13

Truth is a very strong defense to a defamation action.

Accepted Answer

A) True 
 B)False

Question 14

Defamation per se is when:

Accepted Answer

A) a statement is presumed by law to be harmful to the person to whom it was directed and therefore require no proof of harm or injury 
B) a statement is so outrageous that it cannot be denied that it harmed the person to whom it was directed 
C) a statement is presumed by law not to be harmful to the person to whom it was directed 
D) a statement is presumed by law to be only marginally harmful to the person to whom it was directed and therefore requires proof of harm or injury 
E) none of the other choices

Question 15

If you are driving negligently and run off the road and hit a person on the sidewalk,the rule of res ipsa loquitur is likely to apply.

Accepted Answer

A) True 
 B)False

Question 16

In contrast to a criminal case,in a tort case:

Accepted Answer

A) the victim is the plaintiff 
B) the victim is a witness 
C) the victim does not receive compensation for injuries,but the wrongdoer may have to pay restitution 
D) the case is brought to court by the government 
E) the case is based on the alleged wrongdoer violating a rule imposed by the legislature

Question 17

Joyce Water,Certified Public Accountant (CPA),is sued for negligent preparation of an income tax return.To determine if she was negligent,the court applies a standard of reasonableness which measures Joyce's conduct against that of:

Accepted Answer

A) the I.R.S.Commissioner 
B) the average person 
C) the typical member of Congress 
D) a competent C.P.A. 
E) all of the other choices

Question 18

In James v.Bob Ross Buick,where James had been fired from a car dealership that then sent letters to customers under his name,James sued for invasion of privacy and the appeals court held that the company was at fault because:

Accepted Answer

A) the company used an embarrassing picture of James 
B) the company misspelled James's name 
C) the company included details about James being fired in the letters 
D) the company sought commercial benefit from James's name 
E) the company failed to tell James they were using his name

Question 19

Res ipsa loquitur means "the thing speaks for itself."

Accepted Answer

A) True 
 B)False

Question 20

In Forgie-Buccioni v.Hannaford Brothers,where Forgie-Buccioni was detained in a
grocery store's security room after being accused of not paying for cold medicine,the appeals court held that false imprisonment did occur.

Accepted Answer

A) True 
 B)False

Exam 6: Elements of Torts

Which of the following torts protect individuals from harm from the unintentional but legally careless conduct of others:

The notion of cause in fact in a tort is also called the "but for" or sine qua non rule.

In Fuerschbach v.Southwest Airlines,where Fuerschbach was "arrested" by the police as a prank at work,the appeals court held that there could be a tort of assault and battery by the police because:

One concept behind the tort of invasion of privacy is to:

Joe sneaks up behind Mary at work.He grabs Mary and caresses her.Mary thinks Joe is a jerk and has never encouraged him.She runs away.Mary could best sue Joe for the tort of:

You see a house on fire and rush in to save a person trapped in the house.You suffer burns from the fire.The person who negligently started the fire has no legal obligation to you because there was no knowledge you would become involved.

To defeat a defense of qualified privilege,the plaintiff must establish that the defendant acted with:

The doctrine of comparative negligence permits damages to be:

In Noel v.River Hills Wilsons,Inc. ,where Noel sued Wilsons for accidentally providing false negative information to his current employer which caused him to lose his job,the appeals court found that:

In an intentional tort action,motive is ______________ the act.

Truth is a very strong defense to a defamation action.

Defamation per se is when:

If you are driving negligently and run off the road and hit a person on the sidewalk,the rule of res ipsa loquitur is likely to apply.

In contrast to a criminal case,in a tort case:

Joyce Water,Certified Public Accountant (CPA) ,is sued for negligent preparation of an income tax return.To determine if she was negligent,the court applies a standard of reasonableness which measures Joyce's conduct against that of:

In James v.Bob Ross Buick,where James had been fired from a car dealership that then sent letters to customers under his name,James sued for invasion of privacy and the appeals court held that the company was at fault because:

Res ipsa loquitur means "the thing speaks for itself."

In Forgie-Buccioni v.Hannaford Brothers,where Forgie-Buccioni was detained in a grocery store's security room after being accused of not paying for cold medicine,the appeals court held that false imprisonment did occur.