Question 1

The tort of emotional distress protects:
A)physical wellbeing
B)adults,but not minors
C)employees,but not customers
D)mental development
E)none of the other choices

Accepted Answer

The answer of The tort of emotional distress protects:
A)physical wellbeing
B)adults,but...

Question 2

Extreme debt collection tactics,such as late night threatening phone calls,may cause legal action based on the tort of:
A)battery
B)infliction of emotional distress
C)persecution
D)malicious prosecution
E)all of the other choices

Accepted Answer

Late night threatening phone calls can cause severe emotional distress to the debtor, hence can lead to legal action based on the tort of infliction of emotional distress.

Question 3

James's employer published a picture of him on the company website without James's permission.James could sue the company for:
A)negligence
B)assault
C)emotional distress
D)battery
E)none of the other choices

Accepted Answer

None of the other choices are applicable in this situation. However, James may have a case for invasion of privacy or unauthorized use of his likeness.

Question 4

To harass someone with late-night phone calls,profanity,threats,name-calling,and extreme badgering could lay the groundwork for the tort of:
A)trespass
B)battery
C)fraud
D)defamation
E)none of the other choices

Accepted Answer

The described actions constitute harassment but do not fit the legal definitions of trespass (unauthorized entry onto land), battery (unwanted physical contact), fraud (deception for personal gain), or defamation (false statements damaging someone's reputation). Therefore, none of the other choices accurately describe the tort that could be claimed based on the given actions.

Question 5

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:
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

Accepted Answer

For the appeals court to reverse the district court's summary judgment for the defendants in Reynolds v. Ethicon Endo-Surgery, Reynolds would have had to prove all the elements of the tort of intentional infliction of emotional distress, which includes all of the choices listed (A, B, C, and D). Therefore, the correct answer is E, all of the above.

Question 6

To harass someone with late-night phone calls,profanity,threats,name-calling,and extreme bad behavior could lay the groundwork for the tort of:
A)trespass
B)battery
C)emotional distress
D)defamation
E)none of the other choices

Accepted Answer

The behavior described in the question can be classified as intentional infliction of emotional distress, which is a tort. It involves extreme and outrageous conduct that causes severe emotional distress in the victim. The behavior described, including late-night phone calls, profanity, threats, and name-calling, certainly qualifies as extreme and outrageous. Therefore, the best choice is C, emotional distress.

Question 7

James's employer published a picture of him on the company website without James's permission.James could sue the company for:
A)negligence
B)invasion of privacy
C)emotional distress
D)battery
E)assault

Accepted Answer

James could sue the company for invasion of privacy since they published his picture without his permission, which is a violation of his right to control the use of his likeness.

Question 8

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.She sued for emotional distress and the appeals court held that:
A)she had no claim for emotional distress,but may have one for battery due to suffering the miscarriage caused by the threat by the employer
B)she had no claim for emotional distress because the situation was upsetting,not outrageous
C)she had a claim for emotional distress as her expert witness testified that the situation likely triggered the miscarriage
D)she had a claim for emotional distress,as her expert witness testified that the situation likely triggered the miscarriage;the miscarriage was the basis for the emotional distress
E)none of the other choices

Accepted Answer

The answer of In Reynolds v.Ethicon Endo-Surgery,where Reynolds suffered a...

Question 9

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.She sued for emotional distress and the appeals court held that:
A)she had no claim for emotional distress,but may have one for assault because of the fear she felt
B)she had no claim for emotional distress because the situation was upsetting,not outrageous
C)she had a claim for emotional distress as her expert witness testified that the situation likely triggered the miscarriage
D)she had a claim for emotional distress,as her expert witness testified that the situation likely triggered the miscarriage;the miscarriage was the basis for the emotional distress
E)none of the other choices

Accepted Answer

The appeals court held that the situation was upsetting but not outrageous, which is a requirement for a claim of emotional distress.

Question 10

The use of a person's name or picture without permission is an example of the tort of:
A)invasion of privacy
B)negligence
C)invasion of solitude
D)invasion of space
E)battery

Accepted Answer

The use of a person's name or picture without permission is a violation of their privacy, specifically the right to control how their name or image is used. This falls under the category of invasion of privacy, making A the correct answer.

Question 11

The concept behind the tort of invasion of privacy is to:
A)encourage the public exposure of true private facts
B)allow the government only to tap telephone conversations
C)place criminal sanctions on the use of a person's name without their permission
D)protect the publication of "false light" stories
E)none of the other choices

Accepted Answer

The concept behind the tort of invasion of privacy is to protect individuals from unwarranted intrusion or exposure in a way that would be highly offensive to a reasonable person, which is not limited to or accurately described by any of the specific options provided.

Question 12

The right to privacy is:
A)not applied to photographs or other visual representations
B)strongly protected if one is an entertainer,politician,or other "public personality"
C)recognized by courts,even when information about a person is taken from public files and published
D)one created by statute in most states
E)none of the other choices

Accepted Answer

The answer of The right to privacy is:
A)not applied to...

Question 13

The right to privacy is:
A)protected by the tort of invasion of privacy,a fairly recent development in tort law
B)strongly protected if one is an entertainer,politician,or other "public personality"
C)recognized by courts,even when information about a person is taken from public files and published
D)one created by state statute in most states
E)all of the other choices

Accepted Answer

The answer of The right to privacy is:
A)protected by the...

Question 14

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

Accepted Answer

The tort of invasion of privacy is designed to protect an individual's right to solitude and freedom from unwarranted public exposure, including intrusion upon seclusion, public disclosure of private facts, false light, and appropriation of name or likeness. The other choices listed are not consistent with the purpose of the tort of invasion of privacy.

Question 15

The tort of emotional distress protects from conduct that goes beyond the bounds of decency,but not from:
A)petty insults
B)bad language
C)annoying behavior
D)all the other specific choices
E)none of the other specific choices

Accepted Answer

The tort of emotional distress is designed to protect individuals from severe emotional harm caused by another's conduct, but it does not extend to everyday annoyances and minor offenses such as petty insults, bad language, and annoying behavior. These specific choices (A, B, C) are generally considered part of the normal stresses of life and do not rise to the level of actionable conduct under the tort of emotional distress.

Question 16

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,she sued for:
A)libel
B)emotional distress
C)assault
D)battery
E)slander

Accepted Answer

Reynolds sued for emotional distress because she suffered a miscarriage soon after her employer threatened to fire her if she did not move to another city. This caused Reynolds to suffer emotional distress, leading to her filing a lawsuit against her employer.

Question 17

The tort of emotional distress protects from conduct that goes beyond the bounds of decency,but not from:
A)an insult
B)multiple harassing late-night phone calls
C)violent threats
D)all the other specific choices
E)none of the other specific choices

Accepted Answer

The tort of emotional distress only protects against conduct that goes beyond the bounds of decency. While an insult may be unpleasant, it typically does not rise to the level of extreme and outrageous conduct required for the tort of emotional distress. The other options listed (multiple harassing late-night phone calls and violent threats) would likely be considered conduct that goes beyond the bounds of decency and could potentially give rise to a claim for emotional distress.

Question 18

In case of a tort claim of emotional distress,the plaintiff could:
A)win for having been insulted by bad language
B)win only if some physical injury is proven to accompany the mental injury
C)win only if "outward manifestations" of mental injury are apparent
D)win for observing a terrible injury inflicted on one's child
E)none of the other choices

Accepted Answer

The best choice is D because witnessing a terrible injury inflicted on one's child could result in emotional distress and could be a valid claim for a tort of emotional distress. Choice A is incorrect because being insulted by bad language is not enough to prove emotional distress. Choice B is incorrect because physical injury is not always required for a claim of emotional distress. Choice C is incorrect because not all kinds of emotional distress have outward manifestations.

Question 19

In case of a tort claim of emotional distress,the plaintiff could:
A)win for having been insulted by bad language
B)win only if some physical injury is proven to accompany the mental injury
C)win only if "outward manifestations" of mental injury are apparent
D)win for distress over injuries suffered by victims of war in other countries
E)none of the other choices

Accepted Answer

In tort law, simply being insulted by bad language (A) does not typically constitute a basis for a claim of emotional distress. While physical injury can strengthen a claim (B), it is not always a necessary component for all types of emotional distress claims, depending on jurisdiction. "Outward manifestations" of mental injury (C) may support a claim but are not universally required. Distress over injuries suffered by victims of war in other countries (D) would generally not be a direct cause of action for an individual in a tort claim of emotional distress, as it lacks the direct personal impact or involvement typically required. Therefore, none of the provided options accurately describe the conditions under which a plaintiff could win a tort claim of emotional distress without more specific context or qualifications.

Question 20

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,she sued for:
A)libel
B)false imprisonment
C)assault
D)battery
E)none of the other choices

Accepted Answer

Reynolds' case does not fit the definitions of libel, false imprisonment, assault, or battery. Her claim likely relates to wrongful termination or emotional distress, which are not listed options.

Quiz 6: Elements of Torts

The tort of emotional distress protects:

Extreme debt collection tactics,such as late night threatening phone calls,may cause legal action based on the tort of:

James's employer published a picture of him on the company website without James's permission.James could sue the company for:

To harass someone with late-night phone calls,profanity,threats,name-calling,and extreme badgering could lay the groundwork for the tort of:

To harass someone with late-night phone calls,profanity,threats,name-calling,and extreme bad behavior could lay the groundwork for the tort of:

James's employer published a picture of him on the company website without James's permission.James could sue the company for:

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.She sued for emotional distress and the appeals court held that:

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.She sued for emotional distress and the appeals court held that:

The use of a person's name or picture without permission is an example of the tort of:

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

The right to privacy is:

The right to privacy is:

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

The tort of emotional distress protects from conduct that goes beyond the bounds of decency,but not from:

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,she sued for:

The tort of emotional distress protects from conduct that goes beyond the bounds of decency,but not from:

In case of a tort claim of emotional distress,the plaintiff could:

In case of a tort claim of emotional distress,the plaintiff could:

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,she sued for: