Deck 4: Tort Law: Traditional Torts and Cyber Torts

Question 1

Battery is any act that puts a person in fear of being physically harmed by another.

Answer 1

False

Question 2

The person committing a tort is subject to a civil law suit.

Answer 2

True

Question 3

A wrongful act can be both a crime and a tort.

Answer 3

True

Question 4

Under the law, torts are classified as

A) intentional, negligent, and criminal.
B) criminal, intentional, and strict liability.
C) intentional, negligent, and strict liability.
D) criminal, negligent, and strict liability.

Question 5

In some personal injury cases, an award for punitive damages exceeds the award for compensatory damages.

Question 6

In most states the doctrine of comparative negligence has been replaced by the doctrine of contributory negligence.

Question 7

Damages resulting from cyber torts are primarily reputational or economic.

Question 8

To be classified as a tort, a wrongful act

A) may be deliberate.
B) may be a result of carelessness.
C) must result in injury to a person or a person's property.
D) all of these.

Question 9

A person who buys stolen property may be guilty of conversion.

Question 10

Negligence is a deliberate tort.

Question 11

A tort is a public wrong.

Question 12

Strict liability is based upon the concept of liability without fault.

Question 13

Dumping garbage on a neighbor's lawn is an example of the tort of trespass.

Question 14

The test of negligence is failure to do what a reasonable person under the same or similar circumstances would do.

Question 15

The Supreme Court decision in New York Times Co. v. Sullivan made it more difficult for a public official to sue for defamation for published statements made about his or her public life.

Question 16

Defamation can be either slander or libel.

Question 17

One way for a retail merchant to avoid liability in a false arrest suit by a customer suspected of shoplifting is to prove that

A) no security guard was on duty.
B) the customer consented to being detained.
C) the store manager was new.
D) the customer really didn't shoplift.

Question 18

Merchants are very cautious about accusing and holding people for shoplifting because they may be sued for

A) assault.
B) battery.
C) false imprisonment.
D) negligence.

Question 19

In which of the following situations does a battery occur?

A) Johnson is tackled during a college football game he is playing in and suffers an injury to his back.
B) O'Grady is injured by a punch in the nose received by a boxing opponent during a boxing match.
C) Biggs is hit in the head by a wild pitch and seriously injured while batting in a hardball game.
D) Williams is deliberately tripped and seriously injured by an unfriendly movie patron trying to get ahead of Williams in the ticket line.

Question 20

If your neighbors continue to do things on their property that disturb you, you can sue them for the tort of nuisance.

Question 21

Accidentally killing a person while driving in an intoxicated condition is an example of a situation in which the family of the deceased person could sue for the tort of ____________________.

Question 22

Deliberately misleading a person to the point where he or she suffers damages is called ____________________.

Question 23

Raleigh, age ten, punctured the tires on his neighbor's car. This act would be classified as

A) trespass.
B) negligence.
C) assault.
D) battery.

Question 24

For several weeks Bates used his noisy power lawn mower every Sunday morning at sunrise. Several neighbors asked him to mow his lawn at another time; Bates refused. The best legal course of action for the neighbors to take to stop this nuisance would be to

A) sue Bates for money damages.
B) swear out a warrant for Bates' arrest.
C) seek a court injunction against the continuation of the act.
D) present a signed petition to the mayor of the city.

Question 25

Johnson leaves her garbage in open containers, causing obnoxious odors in her neighborhood. This is an example of

A) nuisance.
B) fraud.
C) trespass.
D) invasion of privacy.

Question 26

In virtually all intentional tort cases, the person suing must prove an element of ____________________.

Question 27

The terms "foreseeability" and "proximate cause" are associated with the tort of

A) conversion.
B) trespass.
C) slander.
D) negligence.

Question 28

Which statement made by a salesperson as an inducement for selling a power lawnmower to Bartkovich could most likely become the basis of a successful lawsuit for fraud if the statement proved to be false?

A) "This lawnmower is a real bargain."
B) "This lawnmower will outperform any other lawnmower on the market."
C) "This lawnmower is one of the finest on the market today."
D) "Using this mower you can mow an acre of lawn with less than a gallon of gasoline."

Question 29

A person bringing a lawsuit for negligence must prove, among other things, that

A) a person's act or failure to act was the proximate cause of the victim's loss.
B) the negligent act was deliberate.
C) the victim was a public official.
D) the crime of assault also occurred.

Question 30

A tort resulting from carelessness is

A) defamation.
B) malpractice.
C) wrongful death.
D) fraud.

Question 31

Marks, who innocently purchased a used television that had been stolen by the seller, was requested to surrender the television. Marks would not surrender the set until he was reimbursed the money he paid. Marks is guilty of the tort of

A) fraud.
B) trespass.
C) negligence.
D) conversion.

Question 32

It is more difficult for a(n) ____________________ to prove libel or slander than it is for a private citizen.

Question 33

An obstetrician improperly delivered five babies by using instruments that caused these babies to be born with broken bones and brain damage. The parents initiated a lawsuit against the surgeon to recover money damages. The correct basis for the parents' lawsuit is

A) defamation.
B) negligence.
C) trespass.
D) invasion of privacy.

Question 34

Damages awarded as actual, measurable damages suffered are called

A) punitive damages.
B) compensatory damages.
C) comparative damages.
D) none of these.

Question 35

By orally repeating a rumor that he knew to be false, Ralston caused injury to Hicks' reputation. Ralston was guilty of

A) trespass.
B) libel.
C) fraud.
D) slander.

Question 36

An example of a tort that is not intentional is

A) fraud.
B) wrongful death.
C) negligence.
D) infliction of mental distress.

Question 37

The defenses to intentional torts are

A) consent, privilege, necessity, and truth.
B) consent, privilege, and foreseeability.
C) privilege, foreseeability, and truth.
D) truth, proximate cause, and consent.

Question 38

Jerold told her friends that her doctor had once been successfully sued for malpractice. Although the statement was true, the doctor was able to sue Jerold in tort for

A) libel.
B) slander.
C) invasion of privacy.
D) slander and invasion of privacy.

Question 39

Damages that are awarded by the court to an injured party in excess of the actual damages suffered for the other party's deliberate, wrongful acts are known as

A) real damages.
B) nominal damages.
C) punitive damages.
D) none of these.

Question 40

____________________ is defamation expressed in writing.

Question 41

Punitive damages are imposed upon a wrongdoer by the court as ____________________ for an intentional tort.

Question 42

Henning, without obtaining Asher's permission, shot and killed a deer on Asher's ranch. Is Henning guilty of any tort? Explain.

Question 43

The tort of ____________________ involves the failure to anticipate injury to another when there is a duty to do so.

Question 44

A person who wrongfully takes control of the computer programs of another and keeps them may be sued for the tort of ____________________.

Question 45

How would you prove that you have a case of negligence against a person that would stand up in court?

Question 46

Tearing up a person's lawn by deliberately driving over it constitutes the tort of ____________________.

Question 47

During an argument, Hook struck Rankow with his fists and inflicted painful injuries. What are Rankow's rights?

Question 48

Jenny feels that she suffered emotional distress because of what her friend Margaret told her. She decided to sue. What must Jenny prove in court in order to be successful in her lawsuit against Margaret?

Question 49

Unreasonable personal conduct that causes damage to someone else is called ____________________.

Question 50

Zeldin bought a used motorcycle from Bikers World. When Zeldin asked the salesperson about the mileage, the salesperson stated that the motorcycle had been driven only 3,000 miles, had never been raced, and needed no major engine repairs. In fact, the cycle had actually been driven over 5,000 miles, had been entered in several racing contests, and needed major repairs. Zeldin purchased the cycle on the salesperson's representations and soon had to pay $200 for major repairs. In a legal action against Bikers World for fraud, would Zeldin be successful?