Deck 5: Victim Advocacy

Question 1

In determining mental distress,most jurisdictions require the defendant to prove that they sought medical treatment.

Answer 1

True

Question 2

Damages that may be sought in wrongful death cases include the loss of

A)companionship.
B)sexual intercourse.
C)moral guidance.
D)All of the above

Answer 2

D

Question 3

The concept of self-defense includes the components of ____ and necessity.

A)proportionality
B)self-reliance
C)mental stamina
D)All of the above

Answer 3

A

Question 4

In determining mental distress,the defendant is not liable for insults or hurt feelings.

Question 5

Usually the tort of false imprisonment includes assault and/or battery.

Question 6

A person hiking in the mountains gets caught by a snowstorm and breaks into a cabin for shelter.This is break-in by the defense of necessity.

Question 7

While criminal law makes provision for the privilege of self-defense,civil law does not.

Question 8

One of the simplest issues in wrongful death occurs in the establishment of pecuniary loss on the part of the parents.

Question 9

An emotional issue in wrongful death cases involves the doctrine of unjust enrichment.

Question 10

The defense of consent is not effective when it can be shown that the person giving the consent lacked the mental capacity to understand his or her action.

Question 11

In extremely rare instances,assault and battery may be deemed intentional torts.

Question 12

Under self-defense guidelines,the nonaggressor must make an effort to retreat before applying return force.

Question 13

The defense of consent is often used in sexual assault cases.

Question 14

An assault will always be accompanied by battery; however,a battery may not lead to an assault.

Question 15

The defense of consent can be effective,even when it is shown that the defendant used the force of threat to gain the consent.

Question 16

Proportionality in self-defense means that a person may utilize only the force equal to that being used against them.

Question 17

The tort of mental distress does not require _____ in order to be met.

A)intentional or reckless infliction
B)extreme or outrageous conduct
C)severe emotional or mental distress
D)physical harm or injury

Question 18

A female gives consent for a male partner to kiss and hug her,but refuses to have sex with the man.The male partner becomes excited and has forced intercourse with her.This is an example of

A)lack of capacity to consent.
B)exceeding the scope of consent.
C)duress causing consent.
D)necessity.

Question 19

"Slayer's Rules" allow prohibit a murderer from profiting from his illegal act.

Question 20

When a person is held against his or her wishes through threats of harm to family members,the tort of _____ has been committed.

A)assault
B)battery
C)false imprisonment
D)kidnapping

Question 21

A ___ may be based on negligence or on intentional acts.

Question 22

Lack of ___ to consent occurs when for a variety of reasons the victim,as a matter of law,is unable to give consent.

Question 23

____ damages are token damages,for example,$1.00.

Question 24

Megan,a 21-year-old college student who lived at home,was killed by a drunk driver.Megan's parents sue Jerry,the drunk driver,in civil court for damages.What are the issues involved in awarding the parents' money damages?

Question 25

What are the differences in criminal and civil cases involving evidence issues?

Question 26

The great majority of all victim-related issues occur in the area of ___ law.

Question 27

Explain the concept of duty as applied to civil cases.

Question 28

Discuss the various issues surrounding consent.What is meant by lack of capacity,exceeding the scope of consent,and causing duress? Give examples of each.

Question 29

Acts committed by persons under authority of ___ generally are considered to be a valid defense.

Question 30

The doctrine of ___ intent holds that so long as the tortfeasor had the necessary intent to act in a certain manner toward one person,he will be held liable for torts committed against any other person who happens to be injured.

Question 31

The term ___ simply means someone was careless or slipshod in performing some act.

Question 32

There is a right to use ___ to defend both real and personal property.

Question 33

On the Fourth of July,Tom,wanting to play a joke on Susan,threw a firecracker at her.He missed and the firecracker landed in Betty's hair,causing severe burns to Betty's head and face.Can Betty recover for her injuries based on an intentional tort of battery even though Tom did not intend to harm Betty?

Question 34

What is meant by nominal damages and why is it important in some cases to establish at least nominal damages.

Question 35

The defense of necessity is based on a balancing of the evil that faces a person.

Question 36

Explain the concept of transferred intent.

Question 37

Exceeding the ___of consent occurs when the victim gives actual consent to certain acts,but the other party goes substantially beyond the consent.