Deck 6: Tort Law and Cybertorts

Question 1

If William sues Sam for fraud with the intention of pressuring Sam to sell his business to William, William has committed an abuse of process.

Answer 1

True
Explanation: Abuse of process occurs when a legal procedure is used for a purpose other than that for which it is intended. It differs from malicious prosecution in that there is no requirement that the earlier case be brought without probable cause or be resolved favorably for the plaintiff.

Question 2

Assumption of risk can be used as defense to negligence if the victim is forced to enter the risky situation because no other choice is available.

Answer 2

False
Explanation: The victim's decision to enter the risky situation must be voluntary. If he or she is forced to enter the risky situation because no other choice is available, it is not an assumption of the risk.

Question 3

An injunction occurs when a court orders a defendant to pay damages or face jail time.

Answer 3

False
Explanation: No, an injunction is an equitable remedy by a court preventing someone from performing a particular act.

Question 4

Oral truth is not a defense to a suit for libel.

Question 5

A duty is an essential element of tort law, as well as a legal obligation placed on an individual.

Question 6

Proximate cause is the same as "cause in fact."

Question 7

Under the Communications Decency Act, an Internet service provider can be held liable for the defamatory content of a customer's posting.

Question 8

Shopkeeper's privilege allows a store owner to detain a shopper without suspicion that an incident has occurred.

Question 9

Celeste, a former governor who is running for President, can successfully sue a tabloid for defamation by merely proving the statements printed in the tabloid are false.

Question 10

Cyber defamation involves false statements communicated through the Internet to others that in some way casts doubt upon the ownership or the quality of an item of property or a product offered for sale.

Question 11

James uses fireworks to celebrate the victory of his favorite team in the soccer finals. If James unintentionally injures a person walking on the pavement, he can be held responsible based on strict liability.

Question 12

A product in a defective condition is unreasonably dangerous to the user, consumer, or property.

Question 13

Contributory negligence is a defense that completely prevents the plaintiff (the injured party) from recovering any damages.

Question 14

The Classic Case of Overseas Tankship v. Morts Dock and Engineering involved a question of whether the harm suffered by the plaintiffs was reasonably foreseeable.

Question 15

The defense of contributory negligence involves the failure of the injured party to be careful enough to ensure his or her personal safety.

Question 16

In many states, to successfully sue for intentional infliction of emotional distress, a plaintiff must prove he or she has suffered some accompanying physical injury.

Question 17

Jim ran a stop sign hitting Martin's car, and both were injured. Jim is now the injured party and Martin is the tortfeasor.

Question 18

Cybertorts frequently involve intentional harm to an individual's physical well-being.

Question 19

The doctrine of respondeat superior is also referred to as vicarious liability.

Question 20

The Daubert v. Merrell Dow Pharmaceuticals case involved a question of expert testimony and the causation of the plaintiff's injuries.

Question 21

When the misuse of the legal procedure involves the filing of a false civil lawsuit, it is called:

A) wrongful civil proceedings.
B) malicious prosecution.
C) abuse of process.
D) invasion of privacy.

Question 22

The Daubert case involved jurisscience, the intersection of law and science, to help the court determine a question of real or:

A) vicarious liability.
B) causation in fact.
C) duty.
D) proximate cause.

Question 23

____________ demonstrates that "but for" the defendant's actions, the plaintiff would not have been injured.

A) Proximate cause
B) Actual cause
C) Legal cause
D) The foreseeability test

Question 24

Vienna is a quiet, reclusive, stay-at-home mom. However, last week she became a ____________ after she rescued her neighbor's child from drowning in canal and was interviewed on national television as "America's Mom." As long as her notoriety lasts, she will be held to the ____________ test.

A) temporary public figure; actual malice
B) public figure; slander per se
C) temporary public figure; public disparagement
D) temporary public figure; public privilege

Question 25

____________ involves any false statement communicated to others that questions the quality of an item of property.

A) Invasion of privacy
B) Defamation
C) False imprisonment
D) Disparagement

Question 26

Ching keeps a pet snake in her apartment. While Ching is hosting a party at her apartment, the snake escapes from its cage and bites a guest, seriously injuring the guest. The guest knew before attending the party that Ching has a pet snake in her apartment. If the guest sues Ching for the injury resulting from the cobra bite, Ching:

A) will be strictly liable.
B) may defend based on assumption of risk.
C) is liable only if she intentionally released the snake from its cage.
D) has no liability since the incident was unforeseen by her.

Question 27

Senator Smith, speaking on the floor of the U.S. Senate, makes a statement about Ms. Doe, a private citizen, that is false. In order for to prevail at trial, she must prove Senator Smith made the ____________ statement with ____________ because of his status as a ____________.

A) disparaging; malice; public figure
B) privileged; recklessness; public figure
C) privileged; actual malice; public figure
D) false; malice; temporary public figure

Question 28

Mitch is photographed attending a public school board meeting where violent protestors attacked members of the school board. Later, when Mitch runs for the school board, a local newspaper publishes Mitch's picture next to that of the violent protestors. Mitch may sue:

A) if the newspaper writes a false article with actual malice.
B) for creating a false light.
C) the newspaper, if he is able to prove the motive of the publisher.
D) the newspaper for both defamation and disparagement.

Question 29

In a road rage incident, Jack aims a firearm at Reagan. No shots are fired and the incident is over in less than 15 seconds. Reagan may sue Jack for:

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

Question 30

The theory of ____________ means ____________.

A) respondeat superior; torts committed by an employee during his employment will result in both the employee and the employer being held liable under tort law
B) respondeat superior; an employee may be held liable under tort law for the torts committed by her employer, while the employee was working at the organization
C) respondeat superior; an employee working with an organization and having committed a tort can be held liable for even though he or she did not intend the harm
D) proximate cause; an organization is not held liable under tort law for the torts committed by its employees during their work tenure at the organization

Question 31

At the conclusion of a tort trial, the jury finds the plaintiff about 30% responsible for the damages she suffered and the defendant about 70% responsible for causing the damages. The jury determines the actual damages totals to $100,000. How much will the plaintiff recover under comparative negligence?

A) $50,000
B) $30,000
C) $70,000
D) $100,000

Question 32

The primary purpose of tort law is to:

A) prevent and punish criminal offenders.
B) protect people from being tried twice for the same crime.
C) compensate for the injured party's loss.
D) protect victims' rights.

Question 33

____________ occurs when false statements or actions, or a combination thereof, are made by one party in a way that causes another party to rely on those misrepresentations and then suffers an injury or loss as a result.

A) Disparagement
B) Invasion of privacy
C) Abuse of process
D) Fraudulent misrepresentation

Question 34

____________ is an element of negligence that occurs if the alleged tortfeasor has not met the appropriate standard of care.

A) Legal duty
B) Actual harm
C) Proximate cause
D) Breach of duty

Question 35

Criminal law differs from tort law in that:

A) criminal law involves a public wrong.
B) tort law involves legal action by governmental authorities.
C) tort law protects the public.
D) criminal law compensates the injured party's loss.

Question 36

If a defendant can prove ____________, the plaintiff is completely barred from recovering any damages.

A) comparative negligence
B) partial comparative negligence
C) partial contributory negligence
D) contributory negligence

Question 37

Munchburger, a fast-food outlet, sends an employee to hand out leaflets outside Hick's Burger, a competing fast-food outlet. The leaflets falsely accuse Hick's of using horsemeat in its burgers. Hick's may successfully sue Munchburger for:

A) disparagement.
B) invasion of privacy.
C) interference with a contractual relationship.
D) defamation.

Question 38

Wrongful death statutes allow a creditor to bring a lawsuit on behalf of the deceased.

Question 39

If Ann sued Sharon for assault without any factual basis, and the jury ruled in favor of Sharon, Sharon in turn may sue Ann for:

A) abuse of process.
B) contributory negligence.
C) misuse of legal procedure.
D) malicious prosecution.

Question 40

"Survival statutes" allow the family members of an individual, who is killed as the result of a tort, to sue the wrongdoer for the loss of support from the deceased.

Question 41

Jason parked his car on a hill, but failed to set his parking brakes. The car rolled down the hill and hit another car, damaging it significantly. The owner of the other car, Yang, filed a lawsuit of negligence against Jason, who pledged that he had no intention of damaging anybody's property and that he shouldn't be made to compensate. Discuss the methods the court and the jury could use to arrive at a fair decision.

Question 42

Carey was injured when hit by a truck driven recklessly by Steven, an employee of the American Trucking Company. On what basis may Carey sue the American Trucking Company when Steven was the individual being reckless?

Question 43

____________ is the communication of false and destructive information about an individual through the use of electronic devices.

A) Cyber disparagement
B) Cyberinvasion
C) Cyberdefamation
D) Cybermining

Question 44

Baker attends a baseball game and is hit by a foul ball while sitting in an unscreened section of the stadium. The stadium offers both screened and unscreened seats of equal quality and price. Can Baker successfully sue the stadium, the player who hit the ball, or the team the player was employed for this incident?

Question 45

A security guard employed by Aria Stores accused Brentley of shoplifting and left him handcuffed to a post by a cash register for 15 minutes until local police arrived. Brentley sued Aria Stores for false imprisonment and a jury awarded Brentley $1,000 in compensatory damages and $1,000,000 in punitive damages. Does Aria Stores have a legal basis for appealing the damage award?

Question 46

A tabloid journalist pays money to the trash collector of a celebrity movie star in order to obtain access to the celebrity's trash. The journalist then writes a story about the celebrity's lifestyle based upon the contents of the trash. The trash is locked in a special building on the celebrity's property and the trash collector has a key to the building and has signed a confidentiality agreement. Is truth a defense that the journalist may assert when sued by the celebrity?

Question 47

Ben was driving 70 miles per hour in a 55-mile-per-hour speed zone when his car hit Sandra's as she entered the highway. Ben had the opportunity to move into another lane to avoid hitting, Sandra but failed to do so. Discuss the defenses of negligence available to Sandra and Ben.

Question 48

Victoria is seriously injured when, during a thunderstorm, a large and seemingly healthy tree located on private property falls on her car. Discuss if Victoria can file a negligence lawsuit against the owner of the tree and be successful.

Question 49

Bishop and Thomas had been partners and had a business disagreement that was resolved by private arbitration. Bishop now knows that Thomas is seeking a loan. Based on his personal experience with Thomas, Bishop tells a banker friend that Thomas is difficult to do business with and that anyone doing business with Thomas could be cheated. As a result of Bishop's statements, Thomas is denied a bank loan. Discuss what Thomas can do in this situation.

Question 50

Kelvingrove Art Gallery falsely tells art collectors that many artworks being sold by Yesse Art Gallery are forgeries. Analyze the options that Yesse Art Gallery has to bring a lawsuit against Kelvingrove Art Gallery.

Question 51

As a prank, Amanda rigs a bucket of water over Leslie's front door so that Leslie will be soaked when she opens the door to go to work on Monday morning. Can Leslie successfully sue Amanda for the prank?

Question 52

Which of the following is true of survival statutes?

A) It allows suits to be brought for libel after the death of a defamed person.
B) It preserves the right to bring a lawsuit only if the death is caused by negligence of the defendant.
C) It can only be brought by family members who have lost the support of the deceased.
D) It preserves the right to bring a lawsuit for personal injuries, no matter what caused the death(s).

Question 53

If Jennifer, a landowner, wants Smith, a neighbor, to stop polluting a stream that flows into Jennifer's land, Jennifer should request a court to grant:

A) noneconomic compensatory damages.
B) economic compensatory damages.
C) an injunction.
D) an appeal bond.