Question 1

[Hair Stylist Woes] Ryan,a college student,went to see his hair stylist,Melissa.Ryan,who had black,curly hair,requested straight,blond hair.Melissa told him that she could make those changes,but that there would be significant upkeep involved.Melissa made the changes,but Ryan did not do the upkeep required.Ryan proceeded to falsely claim that Melissa did not do what Ryan asked her to do,that Melissa lied to him,and that Melissa was professionally incompetent.Ryan made the statements about Melissa to friends of his.He also wrote a letter to his college newspaper saying that Melissa's shop should be avoided at all costs because Melissa was incompetent.In fact,Melissa was a good hair stylist and enjoyed a good reputation up until the time that Ryan started his criticism.Melissa threatened to sue Ryan for defamation,but Ryan told Melissa that she could not prevail because she could not prove loss of income.Melissa had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated,the damage was primarily among the college population.Her income kept increasing from other segments of the community,and she had suffered no net loss.All her appointment times were booked for weeks ahead.
-Which of these apply to the defamation printed in the school newspaper?

Accepted Answer

A)If the defamation is published in a permanent form,such as in a magazine or
newspaper,it is known as libel.
B)If the defamation is published in a permanent form,such as in a magazine or newspaper,it is known as libel.
C)If the defamation is published in a permanent form,such as in a magazine or newspaper,it is known as libel.
D)If the defamation is published in a permanent form,such as in a magazine or newspaper,it is known as libel.
E)If the defamation is published in a permanent form,such as in a magazine or newspaper,it is known as libel.

Question 2

Carlos,who has a large trust fund,is angry with Isabel because she stopped dating him.Isabel ran a successful dog grooming shop,but Carlos decided to open a dog grooming shop next door and charge less than it would take to make a profit,solely to run her out of business.Which of the following is correct?

Accepted Answer

A)When someone enters an industry with the sole intent of driving another firm out
of business,this is considered an example of the tort of unfair competition.
B)When someone enters an industry with the sole intent of driving another firm out of business,this is considered an example of the tort of unfair competition.
C)When someone enters an industry with the sole intent of driving another firm out of business,this is considered an example of the tort of unfair competition.
D)When someone enters an industry with the sole intent of driving another firm out of business,this is considered an example of the tort of unfair competition.
E)When someone enters an industry with the sole intent of driving another firm out of business,this is considered an example of the tort of unfair competition.

Question 3

Under which of the following situations does the tort of trespass to realty occur?

Accepted Answer

A)The tort of trespass to realty,also called trespass to real property,occurs when a person intentionally 1)enters the land of another without permission;2)causes an object to be placed on the land of another without the landowner's permission;

Question 4

As far as the letter to the newspaper is concerned,which of the following is true in regards to Ryan's statement that Melissa cannot recover because she cannot show loss of income?

Accepted Answer

A)In the case of libel,"general damages" are presumed;and the victim is entitled to
compensation for damages that are presumed to flow from defamation but are hard to prove,such as humiliation.
B)In the case of libel,"general damages" are presumed;and the victim is entitled to compensation for damages that are presumed to flow from defamation but are hard to prove,such as humiliation.
C)In the case of libel,"general damages" are presumed;and the victim is entitled to compensation for damages that are presumed to flow from defamation but are hard to prove,such as humiliation.
D)In the case of libel,"general damages" are presumed;and the victim is entitled to compensation for damages that are presumed to flow from defamation but are hard to prove,such as humiliation.
E)In the case of libel,"general damages" are presumed;and the victim is entitled to compensation for damages that are presumed to flow from defamation but are hard to prove,such as humiliation.

Question 5

A very wealthy defendant intentionally assaults his butler.The butler sues and the wealthy defendant is found to have committed a tort.The court decides to award punitive damages.In determining the amount of punitive damages,what are some factors that will be taken into account?

Accepted Answer

A)Punitive damages are intended to punish the defendant and deter future
wrongdoing.The amount is based on two factors: the severity of the wrongful conduct and the wealth of the defendant
B)Punitive damages are intended to punish the defendant and deter future wrongdoing.The amount is based on two factors: the severity of the wrongful conduct and the wealth of the defendant
C)Punitive damages are intended to punish the defendant and deter future wrongdoing.The amount is based on two factors: the severity of the wrongful conduct and the wealth of the defendant
D)Punitive damages are intended to punish the defendant and deter future wrongdoing.The amount is based on two factors: the severity of the wrongful conduct and the wealth of the defendant
E)Punitive damages are intended to punish the defendant and deter future wrongdoing.The amount is based on two factors: the severity of the wrongful conduct and the wealth of the defendant

Question 6

Min-ji's threat to punch Daniel in the nose and her action in raising back her arm constitute a[n] ________.

Accepted Answer

A)An assault occurs when one person places another in fear or apprehension of an
immediate,offensive bodily contact.
B)An assault occurs when one person places another in fear or apprehension of an immediate,offensive bodily contact.
C)An assault occurs when one person places another in fear or apprehension of an immediate,offensive bodily contact.
D)An assault occurs when one person places another in fear or apprehension of an immediate,offensive bodily contact.
E)An assault occurs when one person places another in fear or apprehension of an immediate,offensive bodily contact.

Question 7

An assault victim sues the person who assaulted her.The court awards her $10,000 to pay for her actual medical expenses,to compensate her for time missed from work,and to compensate her for her pain.The $10,000 is an example of what type of damages?

Accepted Answer

A)Compensatory damages are awarded to make the plaintiff whole again.They are
an amount equivalent to losses caused by the tort,including compensation for pain and suffering,but not compensation for attorney fees.
B)Compensatory damages are awarded to make the plaintiff whole again.They are an amount equivalent to losses caused by the tort,including compensation for pain and suffering,but not compensation for attorney fees.
C)Compensatory damages are awarded to make the plaintiff whole again.They are an amount equivalent to losses caused by the tort,including compensation for pain and suffering,but not compensation for attorney fees.
D)Compensatory damages are awarded to make the plaintiff whole again.They are an amount equivalent to losses caused by the tort,including compensation for pain and suffering,but not compensation for attorney fees.
E)Compensatory damages are awarded to make the plaintiff whole again.They are an amount equivalent to losses caused by the tort,including compensation for pain and suffering,but not compensation for attorney fees.

Question 8

Which of the following is not a typical type of compensatory damage?

Accepted Answer

A)Compensatory damages are typically rewarded for pain and suffering,costs of
repairing damaged property,medical expenses,and lost wages.
B)Compensatory damages are typically rewarded for pain and suffering,costs of repairing damaged property,medical expenses,and lost wages.
C)Compensatory damages are typically rewarded for pain and suffering,costs of repairing damaged property,medical expenses,and lost wages.
D)Compensatory damages are typically rewarded for pain and suffering,costs of repairing damaged property,medical expenses,and lost wages.
E)Compensatory damages are typically rewarded for pain and suffering,costs of repairing damaged property,medical expenses,and lost wages.

Question 9

A defendant is found liable for causing cancer for dumping toxins into the river.The court awards a plaintiff who was sick $5 million in damages,in addition to compensating the plaintiff for all medical costs,lost wages,pain and suffering,and actual losses.The $5 million award is intended to ensure the company never dumps toxins again.The $5 million is an example of what type of damages?

Accepted Answer

A)Punitive damages are awarded both to punish conduct that is extremely
outrageous and to deter similar activity by the defendant and others.
B)Punitive damages are awarded both to punish conduct that is extremely outrageous and to deter similar activity by the defendant and others.
C)Punitive damages are awarded both to punish conduct that is extremely outrageous and to deter similar activity by the defendant and others.
D)Punitive damages are awarded both to punish conduct that is extremely outrageous and to deter similar activity by the defendant and others.
E)Punitive damages are awarded both to punish conduct that is extremely outrageous and to deter similar activity by the defendant and others.

Question 10

Ashley is unhappy with her neighbor,Josh,because Josh is pressing charges against her for repeatedly trespassing on his property.She tells him that unless he drops the charges,she will bring an action against him for nuisance because he plays his stereo late at night at times.While the stereo does not bother Ashley because she is up late anyway,she thinks that will encourage Josh to drop the trespassing charges.Josh,however,continues to press charges,and Ashley proceeds to sue Josh for nuisance.Which of the following is true?

Accepted Answer

A)Abuse of process applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends.A lawsuit for nuisance is not intended to serve as a factor in convincing someone to drop criminal charges.

Question 11

________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Accepted Answer

A)Nominal damages are a small amount of money given to recognize that a
defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages.
B)Nominal damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages.
C)Nominal damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages.
D)Nominal damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages.
E)Nominal damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages.

Question 12

Min-ji's action in jabbing Daniel after she missed his nose,constitutes which of the following?

Accepted Answer

A)A battery is an intentional,unwanted,offensive bodily contact,even if harmless.
B)A battery is an intentional,unwanted,offensive bodily contact,even if harmless.
C)A battery is an intentional,unwanted,offensive bodily contact,even if harmless.
D)A battery is an intentional,unwanted,offensive bodily contact,even if harmless.
E)A battery is an intentional,unwanted,offensive bodily contact,even if harmless.

Question 13

[Pet Police] Min-ji breeds German Shepherd dogs.Daniel,who lives down the street,took in a stray dog loosely identified as a Corgi-plus.The dog,Casanova,would definitely be classified as a mixed breed.Daniel allowed Casanova to roam freely.Unfortunately,Casanova went to visit Min-ji's purebred German Shepherd.Mixed breed puppies resulted from the visit.Min-ji was incensed.She started a campaign to round up all of the stray dogs,including Casanova,and haul them off to the animal shelter.She picked up a few cats as well.She posted signs all over the neighborhood saying that no animal,neither dog,cat,nor fowl,should come into her yard and that she was going to begin shooting the next time an animal entered her property.Daniel and some of the other neighbors took offense.Daniel came to Min-ji's house while she was working in the yard.He walked behind her and shoved her.Min-ji did not see him coming.Min-ji turned around and proceeded to have a heated conversation with Daniel.Min-ji then drew her fist back and told Daniel that she was going to punch him in the nose.Min-ji raised back her arm and started to punch Bernard but he stepped back,and all she managed to do was jab him in the shoulder,causing no actual pain.Liz,who was walking by on the street,saw Min-ji attempting to hit Daniel.Liz came over and grabbed Min-ji's hands,pinning Min-ji 's hands behind her back.
-Considering Daniel's shoving of Min-ji in the back,which of the following is true?

Accepted Answer

A)A battery is an intentional,unwanted,offensive bodily contact,even if harmless;
and intent is irrelevant for establishing liability.
B)A battery is an intentional,unwanted,offensive bodily contact,even if harmless;and intent is irrelevant for establishing liability.
C)A battery is an intentional,unwanted,offensive bodily contact,even if harmless;and intent is irrelevant for establishing liability.
D)A battery is an intentional,unwanted,offensive bodily contact,even if harmless;and intent is irrelevant for establishing liability.
E)A battery is an intentional,unwanted,offensive bodily contact,even if harmless;and intent is irrelevant for establishing liability.

Question 14

Which statement is true regarding Liz's actions toward Min-ji?

Accepted Answer

A)Defense of others is a defense to a charge of battery.
B)Defense of others is a defense to a charge of battery.
C)Defense of others is a defense to a charge of battery.
D)Defense of others is a defense to a charge of battery.
E)Defense of others is a defense to a charge of battery.

Question 15

A false statement of a material fact regarding ownership of business property that results in a loss of sales for the business is referred to as ________.

Accepted Answer

A)If a statement of disparagement relates to ownership of business property,it is
slander of title.
B)If a statement of disparagement relates to ownership of business property,it is slander of title.
C)If a statement of disparagement relates to ownership of business property,it is slander of title.
D)If a statement of disparagement relates to ownership of business property,it is slander of title.
E)If a statement of disparagement relates to ownership of business property,it is slander of title.

Question 16

The primary type of damages in tort law is referred to as .

Accepted Answer

A)Because the primary objective of tort law is to compensate victims,the primary
type of damages is compensatory damages,designed to compensate the victim for all the harm caused by the person who committed the tort.
B)Because the primary objective of tort law is to compensate victims,the primary type of damages is compensatory damages,designed to compensate the victim for all the harm caused by the person who committed the tort.
C)Because the primary objective of tort law is to compensate victims,the primary type of damages is compensatory damages,designed to compensate the victim for all the harm caused by the person who committed the tort.
D)Because the primary objective of tort law is to compensate victims,the primary type of damages is compensatory damages,designed to compensate the victim for all the harm caused by the person who committed the tort.
E)Because the primary objective of tort law is to compensate victims,the primary type of damages is compensatory damages,designed to compensate the victim for all the harm caused by the person who committed the tort.

Question 17

A plaintiff sues a defendant for throwing a rock at her.The plaintiff was not harmed in any way,but the court finds that a tort was committed and awards the plaintiff $1 in damages.This $1 in damages is an example of what type of damages?

Accepted Answer

A)Nominal damages are awarded to recognize that the defendant committed a tort
against the plaintiff.The amount is usually a trivial amount between $1 and $15.
B)Nominal damages are awarded to recognize that the defendant committed a tort against the plaintiff.The amount is usually a trivial amount between $1 and $15.
C)Nominal damages are awarded to recognize that the defendant committed a tort against the plaintiff.The amount is usually a trivial amount between $1 and $15.
D)Nominal damages are awarded to recognize that the defendant committed a tort against the plaintiff.The amount is usually a trivial amount between $1 and $15.
E)Nominal damages are awarded to recognize that the defendant committed a tort against the plaintiff.The amount is usually a trivial amount between $1 and $15.

Question 18

Damages awarded to punish the defendant and to deter others from similar conduct are called ________ damages.

Accepted Answer

A)Punitive damages are awarded both to punish conduct that is extremely
outrageous and to deter similar activity by the defendant and others.
B)Punitive damages are awarded both to punish conduct that is extremely outrageous and to deter similar activity by the defendant and others.
C)Punitive damages are awarded both to punish conduct that is extremely outrageous and to deter similar activity by the defendant and others.
D)Punitive damages are awarded both to punish conduct that is extremely outrageous and to deter similar activity by the defendant and others.
E)Punitive damages are awarded both to punish conduct that is extremely outrageous and to deter similar activity by the defendant and others.

Question 19

Which of the following is not an example of compensatory damages?

Accepted Answer

A)Compensatory damages are awarded to make the plaintiff whole again.They are an amount equivalent to losses caused by the tort,including compensation for pain and suffering,but not compensation for attorney fees.
B)Compensatory damages are awarded to make the plaintiff whole again.They are an amount equivalent to losses caused by the tort,including compensation for pain and suffering,but not compensation for attorney fees.
C)Compensatory damages are awarded to make the plaintiff whole again.They are an amount equivalent to losses caused by the tort,including compensation for pain and suffering,but not compensation for attorney fees.
D)Compensatory damages are awarded to make the plaintiff whole again.They are an amount equivalent to losses caused by the tort,including compensation for pain and suffering,but not compensation for attorney fees.
E)Compensatory damages are awarded to make the plaintiff whole again.They are an amount equivalent to losses caused by the tort,including compensation for pain and suffering,but not compensation for attorney fees.

Question 20

Which of the following involves making false statement about a business product or service that results in a loss of sales?

Accepted Answer

A)The plaintiff in a disparagement case must prove that the defendant published a
false statement of a material fact about the plaintiff's product or service that resulted in a loss of sales.
B)The plaintiff in a disparagement case must prove that the defendant published a false statement of a material fact about the plaintiff's product or service that resulted in a loss of sales.
C)The plaintiff in a disparagement case must prove that the defendant published a false statement of a material fact about the plaintiff's product or service that resulted in a loss of sales.
D)The plaintiff in a disparagement case must prove that the defendant published a false statement of a material fact about the plaintiff's product or service that resulted in a loss of sales.
E)The plaintiff in a disparagement case must prove that the defendant published a false statement of a material fact about the plaintiff's product or service that resulted in a loss of sales.

Quiz 8: Tort Law