Deck 6: Intentional Torts Injuries to Persons

Question 1

False imprisonment occurs even if the tortfeasor did not intend to confine the victim.

Answer 1

False

Question 2

Both intentional torts and negligence cases require intent.

Answer 2

False

Question 3

The Emergency Medical Treatment and Active Labor Act only covers hospitals that participate in Medicare.

Answer 3

True

Question 4

A verbal threat on the telephone is considered an assault.

Question 5

Theo threw a snowball at Jamal but it hit Tessa instead. Theo has committed a battery against Jamal.

Question 6

Sexual harassment can be filed with the federal or state government.

Question 7

Actual physical contact converts an assault into battery.

Question 8

The standard used to determine if a physical contact is offensive is the reasonable person standard.

Question 9

A single act can be the basis for both a tort claim and a criminal action.

Question 10

A shopkeeper's questioning of a suspected shoplifter for up to eight hours is considered reasonable.

Question 11

False imprisonment involves holding a person against his or her will for an unreasonable period of time.

Question 12

In an assault, the threat must be immediate or imminent.

Question 13

Transferred intent holds tortfeasors accountable for their actions only when they desired to hit the third person involved.

Question 14

Appreciable confinement is defined as unreasonable under the circumstances.

Question 15

The goal of criminal prosecution is to get monetary compensation for the victim.

Question 16

Occasional teasing constitutes a hostile work environment.

Question 17

The court can draw an adverse inference or preclude the admission of evidence or testimony when spoliation of evidence has occurred.

Question 18

A battery is an attempted assault.

Question 19

For reckless infliction of emotional distress, intent is not essential.

Question 20

No actual touching is needed for a battery.

Question 21

Which of the following is not an example of confinement, an element of false imprisonment?

A) Locking the victim in a room with one door and no windows.
B) Placing armed guards outside the victim's apartment while the victim is asleep.
C) Posting a sign outside a store's shoplifter detention area reading, "WARNING! ATTACK DOGS AWAIT OUTSIDE THIS ROOM!"
D) Placing the victim in the back seat of an automobile, with all doors unlocked, driving at 75 mph on the interstate.

Question 22

In a torts case,

A) the goal is compensation for the victim.
B) the burden of proof is beyond reasonable doubt.
C) the victim harmed is society.
D) the rules of evidence followed are criminal rules.

Question 23

Transferred intent is an element of which of the following intentional torts?

A) Assault
B) Intentional infliction of emotional distress
C) Battery
D) None of these choices.

Question 24

All intentional torts include injurious behavior, act, and

A) intent.
B) malice.
C) negligence.
D) causation.

Question 25

Which of the following is not an element of tortious interference with reasonable expectations of inheritance?

A) A person has an expectation that he or she will receive an inheritance.
B) A third party unintentionally interferes with the expectation.
C) It is reasonably certain that without the interference, the inheritance would have been received.
D) There are damages as a result.

Question 26

There are far more _____ cases than _____ cases.

A) intentional tort; negligence
B) intentional tort; harassment
C) negligence; intentional tort
D) tortious interference; negligence

Question 27

The shopkeeper's privilege

A) permits a shopkeeper to stop and detain a suspected shoplifter for a reasonable period of time.
B) permits shopkeepers to keep lost merchandise.
C) allows shopkeepers to bring home 10 percent of goods at cost.
D) authorizes shopkeepers to spy on customers in dressing rooms.

Question 28

Apprehension, as used in assault, means

A) a person reasonably fears for his or her physical safety in anticipation of being struck by an unconsented, harmful, or distasteful contact.
B) a person's response to having been struck or contacted in an offensive manner by a tortfeasor.
C) a person's reasonable fear that a tortfeasor's offensive language will provoke physical retaliation.
D) the tortfeasor's intent to touch another person in an offensive or harmful manner.

Question 29

Assault is best defined as

A) battery.
B) unconsented physical contact.
C) a breach of the king's peace.
D) None of these choices.

Question 30

Patient dumping is defined as

A) dropping a patient during surgery.
B) dropping a patient while lifting the patient.
C) denial of treatment to emergency patients or women in labor.
D) All of these choices.

Question 31

Transferred intent

A) protects people from misdirected physical contact.
B) is a legal fiction.
C) holds the tortfeasor responsible for consequences of his or her actions even though the tortfeasor did not intend to hit the third person involved.
D) All of these choices.

Question 32

In battery cases, whether physical contact is considered offensive is judged by

A) trier-of-fact.
B) the reasonable person standard.
C) clear and convincing evidence that duty was breached.
D) a preponderance of the evidence that intent was malicious.

Question 33

Which of the following is an element of battery but not an element of assault?

A) Fear or apprehension
B) Consent
C) Physical contact
D) No physical contact

Question 34

Sexual harassment consists of

A) unwelcome sexual advances.
B) verbal conduct of a sexual nature.
C) physical conduct of a sexual nature.
D) All of these choices.

Question 35

Spoliation of evidence is

A) when evidence that is perishable goes bad.
B) when the prosecutor unveils the defense attorney's theory of the case.
C) when evidence relevant to a legal proceeding is deliberately withheld, lost, or destroyed.
D) defined the same in all states.