Question 1

False imprisonment does not occur if the tortfeasor blocks one exit, but there is an alternative means of escape.

Accepted Answer

False imprisonment requires complete confinement or restraint, and if there is an alternative means of escape available, it is not considered complete confinement or restraint. False imprisonment requires complete confinement or restraint of a person without legal justification or their consent. If there is an alternative means of escape available, it would not be considered complete confinement or restraint, and therefore would not meet the elements of false imprisonment.

Question 2

Truth is an absolute defense to slander, but not to libel.

Accepted Answer

Truth is an absolute defense to both slander and libel, as both are forms of defamation, and truth negates the defamatory nature of the statement.

Question 3

Battery requires an intentional, unwanted touching; assault requires that the victim experience fear or apprehension regarding an imminent assault.

Accepted Answer

Battery involves actual physical contact that is harmful or offensive, while assault involves an act that causes the victim to fear or anticipate harmful or offensive contact.

Question 4

Compensatory damages are given to compensate a plaintiff for his economic loss but not his pain and suffering.

Accepted Answer

Compensatory damages can include economic losses such as medical expenses, lost wages, and property damage, but they can also include non-economic losses such as pain and suffering. Therefore, compensatory damages may compensate a plaintiff for economic losses and pain and suffering.

Question 5

Under mixed comparative negligence rules, if the plaintiff is 60% liable for his own injuries and the defendant is 40% liable, the plaintiff is entitled to recover no damages.

Accepted Answer

Under mixed comparative negligence rules, if the plaintiff is found to be more than 50% at fault for their own injuries, they are not entitled to recover any damages from the defendant. Therefore, in this scenario where the plaintiff is 60% liable and the defendant is 40% liable, the plaintiff is not entitled to any damages. Under mixed comparative negligence rules, if the plaintiff's degree of fault is greater than 50%, the plaintiff cannot recover any damages from the defendant. Therefore, in this case where the plaintiff is 60% liable, they would not be entitled to any damages.

Question 6

Worker's Compensation statutes compensate an injured employee for his pain and suffering.

Accepted Answer

Worker's Compensation statutes typically do not compensate an injured employee for pain and suffering. They provide benefits for medical expenses, lost wages, and disability, but generally exclude non-economic damages such as emotional distress or pain and suffering. Worker's Compensation statutes typically provide benefits for lost wages, medical expenses, and vocational rehabilitation, but do not compensate for pain and suffering.

Question 7

Res ipsa loquitur applies when the defendant has violated a criminal statute intended to protect individuals in the same category as the plaintiff from the same type of harm.

Accepted Answer

Res ipsa loquitur is a legal doctrine used in tort law that allows an inference of negligence to be drawn from the very nature of an accident or injury, under circumstances indicating that the event was likely caused by some negligent act or omission. It does not specifically relate to the violation of criminal statutes.

Question 8

In a negligence action, the plaintiff must prove both actual cause and proximate causation.

Accepted Answer

In order for the plaintiff to successfully prove negligence, they must prove both actual cause (also known as causation in fact) and proximate causation (also known as legal causation). Actual cause requires that the defendant's action or inaction was a direct cause of the plaintiff's injury or harm. Proximate cause requires that the defendant's action or inaction was a foreseeable cause of the plaintiff's injury or harm. Both actual cause (also known as cause-in-fact) and proximate cause (also known as legal cause) must be established in order to prove negligence. Actual cause means that the plaintiff's injury would not have occurred without the defendant's breach of duty, while proximate cause means there was a foreseeable connection between the breach of duty and the plaintiff's injury.

Question 9

Workers' Compensation statutes generally do not require the employee to prove any negligence on the part of the employer.

Accepted Answer

Workers' Compensation is a no-fault system, meaning that the injured employee can receive benefits without having to prove that their employer was at fault for the accident or injury. Workers' Compensation statutes operate under a "no-fault" system, meaning that the employee does not have to prove that the employer was negligent in order to receive benefits.

Question 10

To be compensable a workers' compensation claim must&#10;A)involve an injury that arose in the course of employment&#10;B)be based on the negligence of the employer&#10;C)be based on the negligence of the employee&#10;D)allege conduct that would constitute a tort

Accepted Answer

For a claim to be compensable under workers' compensation, it must involve an injury that arose in the course of employment. It does not have to be based on negligence, and there is no requirement for allegations of tortious conduct. A workers' compensation claim must involve an injury that arose in the course of employment in order to be compensable. It does not have to be based on the negligence of either the employer or the employee, and it does not have to allege conduct that would constitute a tort.

Question 11

Which of the following is a type of intentional tort?&#10;A)negligence&#10;B)battery&#10;C)strict liability&#10;D)none of the above are intentional torts

Accepted Answer

The answer of Which of the following is a type...

Question 12

Which of the following would not be raised as a defense to a tort action?&#10;A)Self-defense&#10;B)Consent&#10;C)Negligence per se&#10;D)Privilege

Accepted Answer

The answer of Which of the following would not be...

Question 13

Compensatory damages do not include&#10;A)Pain and suffering&#10;B)Punitive damages&#10;C)Medical bills&#10;D)Loss of Wages

Accepted Answer

The answer of Compensatory damages do not include&#10;A)Pain and suffering&#10;B)Punitive...

Question 14

Comparative negligence is not a defense to a claim of strict liability.

Accepted Answer

The answer of Comparative negligence is not a defense to...

Question 15

Which of the following is a type of tort?&#10;A)Intentional tort&#10;B)negligence&#10;C)strict liability&#10;D)Breach of contract.

Accepted Answer

The answer of Which of the following is a type...

Deck 10: Torts and Workers Compensation