Deck 4: Causes of Action and Remedies

Question 1

Derogatory statements which express the defendant's opinion about the plaintiff are not considered defamatory.

Answer 1

False

Question 2

Consent is a complete defense to an action in trespass.

Answer 2

True

Question 3

An enforceable contract requires (1) that the parties be legally competent to enter into a contract; (2) a valid offer and acceptance which results in a meeting of the parties' minds concerning the subject of their contract; (3) the exchange of legal consideration, plus:

A) that the contract be in writing.
B) that the parties were not intoxicated when the contract was made.
C) that money be given to bind the promisor.
D) that the acceptance of the offer must be qualified.
E) none of the above.

Answer 3

E

Question 4

The defendant has the burden of proving an affirmative defense.

Question 5

The Federal Rules of Civil Procedure allow courts discretion to try a case although the plaintiff's complaint does not assert a cause of action.

Question 6

DEFINE
preponderance of the evidence

Question 7

DEFINE
trespass

Question 8

DEFINE
negligence per se

Question 9

DEFINE
battery

Question 10

DEFINE
fraud

Question 11

In a products liability case, the plaintiff's claim may be based upon:

A) negligence.
B) breach of warranty.
C) strict liability in tort.
D) all of the above.
E) none of the above.

Question 12

Reasonable reliance on a misrepresentation is an essential element in a cause of action for fraud.

Question 13

What a plaintiff must prove is largely determined by:

A) the geographical jurisdiction of the court.
B) the dollar value of the claim.
C) the cause of action asserted in the complaint.
D) the doctrine of res judicata.

Question 14

DEFINE
strict liability in tort

Question 15

DEFINE
comparative negligence

Question 16

DEFINE
punitive damages

Question 17

DEFINE
specific performance

Question 18

Even though a defendant's negligence is not the proximate cause of the accident, the defendant may be liable if the defendant's conduct was particu- larly egregious. A product vendor is subject to strict liability in tort only if the vendor knowingly sells a defective product to another. Where a defendant has negligently caused the plaintiff to suffer emotional distress, a plaintiff may recover compensatory damages even though the plaintiff has no physical manifestation of his or her mental suffering if the plaintiff can prove that he
or she was within the zone of danger.

Question 19

A plaintiff's mere perception of threat of physical harm is sufficient to establish a cause of action for assault.

Question 20

DEFINE
restitution

Question 21

Describe the legal duty that is allegedly breached in a negligence action.

Question 22

In determining whether conduct was negligent, what constitutes "reasonable care?"

Question 23

If a store's clerk thinks that a customer may have stolen some merchandise and tells the customer to sit down in a particular chair, stay there until a policeman comes to investigate, why has the clerk not falsely imprisoned the customer?

Question 24

Identify the necessary elements in a cause of action for intentional infliction of mental suffering.
a. A specific, subjective intent on the part of the defendant to inflict suffering upon the plaintiff;
b. Mental suffering inflicted by words, conduct, or a combination of words and conduct;
c. The defendant's conduct to accomplish it must be outrageous in character;
d. The plaintiff must prove that the wrongful conduct was the proximate cause of plaintiff's suffering.

Question 25

Describe three features common to every cause of action.

Question 26

What must the court do if there is a deficiency in the evidence, so that a cause of action is not proved?

Question 27

What factors give rise to a dram shop action?

Question 28

How does an action for invasion of privacy differ from an action for defamation?