Deck 6: Torts and Strict Liability

Question 1

Which of the following best describes the tort of battery?

A)unauthorized and harmful or offensive physical contact with another person that causes injury
B)an action that arouses reasonable apprehension of imminent harm
C)oral or written defamation of another person's character
D)intentional confinement or restraint of another person without that person's consent

Answer 1

A

Question 2

John Harley was on his way home when an assailant stopped his car and threatened to physically harm him.John can sue the assailant to recover damages for ________.

A)assault
B)battery
C)libel
D)disparagement

Answer 2

A

Question 3

Which of the following statements is true of battery?

A)Battery refers to intentional infliction of emotional distress.
B)Assault and battery often occur together.
C)Actual physical contact is not necessary for a tort to be battery.
D)Indirect physical contact between the victim and the perpetrator is not battery.

Answer 3

B

Question 4

If a magazine publishes a false statement about a public personality,it is liable for invasion of the right to privacy.

Question 5

Direct physical contact,such as intentionally hitting someone with a fist,is considered battery.

Question 6

Assault and battery are mutually exclusive torts that do not occur together.

Question 7

The threat of immediate harm or offensive contact is termed ________.

A)battery
B)assault
C)disparagement
D)libel

Question 8

Which of the following torts constitutes battery?

A)stealing a person's wallet
B)threatening to shoot a person
C)blackmailing a person
D)poisoning a person's drink

Question 9

If a defendant makes an untrue statement of fact about the plaintiff and the statement was intentionally or accidentally published to a third party,the defendant is held liable for misappropriation of the right to publicity.

Question 10

Actual physical contact is not necessary for a tort to be considered an assault.

Question 11

Harvey was at his college reunion where he noticed Raymond,his former roommate.Harvey and Raymond did not get along well at the reunion.Offended by something Raymond mentioned,Harvey punched him in the face and broke his jaw.Harvey is liable for ________.

A)breach of duty of care
B)disparagement
C)battery
D)assault

Question 12

Gary Govetty is a famous movie star.A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years.Gary can sue his ex-girlfriend for ________.

A)slander
B)invasion of the right to privacy
C)tort of appropriation
D)negligent infliction of emotional distress

Question 13

Libel and slander constitute ________.

A)the tort of outrage
B)defamation of character
C)the tort of appropriation
D)intentional misrepresentation

Question 14

Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose.Jessica manages to stop the bleeding and rushes out to the nearest pharmacy-three miles away-to get medication for him.While doing so,she locks the house from outside and asks Kyle not to leave the house till she returns.The only way he can get out of the house is by breaking a window.Due to a roadblock on her way back,Jessica is delayed by an hour.Which of the following statements is true in this case?

A)Jessica is liable for kidnapping.
B)Jessica is liable for negligence as well as breach of duty of care.
C)Jessica can be sued for false imprisonment.
D)Jessica is not liable for prosecution for an intentional tort.

Question 15

Which of the following statements is true of the tort of assault?

A)An assault is considered an unintentional tort.
B)An attack is considered an assault only if the defendant was provoked to attack a plaintiff.
C)An attack is not considered an assault if the defendant was provoked to attack a plaintiff.
D)Actual physical contact between plaintiff and defendant is not necessary.

Question 16

The tort of defamation of character requires a plaintiff to prove that the defendant ________.

A)publicized a private fact about the plaintiff
B)insulted people closely related to the plaintiff,such as family or friends
C)published an untrue statement of fact about the plaintiff to a third party
D)made one or more financial deals with the plaintiff under a false identity

Question 17

A threat of future harm or moral pressure is not considered false imprisonment.

Question 18

Which of the following actions would make Sarah liable for battery?

A)She publishes an article which calls for the current U.S.president to quit because she thinks he is not doing a good job.
B)She extends the boundary of her plot of land encroaching two feet of her neighbor's plot.
C)She smuggles marijuana into the country.
D)She slaps her ex-husband because he denied her alimony.

Question 19

________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.

A)Invasion of the right to privacy
B)The tort of appropriation
C)Defamation of character
D)Disparagement

Question 20

If a shoplifting suspect is detained for an unreasonably long time and is found to be innocent,the merchant is liable for the tort of malicious prosecution.

Question 21

Which of the following is true about the duty of care?

A)Breach of the duty of care is not actionable unless the plaintiff suffers personal injury or injury to his or her property.
B)The reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff.
C)A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care.
D)The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession.

Question 22

Explain the torts of appropriation and invasion of the right to privacy with examples.

Question 23

In order to claim damages for negligence per se,the plaintiff has to prove that ________.

A)the defendant was in exclusive control of the situation
B)the plaintiff was within a class of persons meant to be protected by the violated statute
C)the defendant made a false representation of material fact
D)the plaintiff was affected by malicious statements made by the defendant about his/her character

Question 24

If a lawyer fails to file a document with the court on time,causing his client's case to be dismissed,he would be liable for ________.

A)professional malpractice
B)intentional misrepresentation
C)tort of appropriation
D)breach of the duty of care

Question 25

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

A)The tort of outrage
B)The tort of misappropriation
C)Disparagement
D)Unintentional tort

Question 26

The intentional confinement or restraint of another person without authority or justification and without consent is called ________.

Question 27

If a newspaper review calls a commercially successful actor talentless,it is liable for defamation of character.

Question 28

Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement.He dies in his mother's arms,leaving her traumatized.The court hearing the case rules that Martha's son was not responsible for the accident.Martha can sue the person who killed her son to recover damages for ________.

A)the tort of outrage
B)breach of the duty of care
C)negligent infliction of emotional distress
D)transfer of intent

Question 29

Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council,but this is untrue.Is Monica liable for prosecution? Why?

Question 30

Michael wanted to try out his new hand gun.He set up a target in his back yard for firing practice.Stella's house,which is located on the lot directly behind Michael's property,happened to be directly in the line of fire.Michael's first shot missed the target and the bullet crashed through Stella's kitchen window,striking and seriously injuring her.Which of the following legal theories would be best for Stella's attorney to use in a lawsuit against Michael?

A)doctrine of unintentional tort
B)doctrine of proximate cause
C)res ipsa loquitur
D)gross negligence

Question 31

How is assault different from battery?

Question 32

The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed ________.

A)libel
B)res ipsa loquitur
C)Good Samaritan law
D)the duty of care

Question 33

When and how can a plaintiff claim damages if the defendant has breached a duty of care?

Question 34

________ is the violation of a statute that proximately causes an injury.

A)Disparagement
B)Res ipsa loquitur
C)Negligence per se
D)Misappropriation

Question 35

What is meant by "causation in fact"?

A)the facts stated by a plaintiff during trial
B)a defendant's negligent act that caused the plaintiff's injuries
C)a defendant's defense against a case of negligence
D)a defendant's plea of guilt due to negligence

Question 36

________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

A)Causation in fact
B)The point of reason
C)The point of appropriation
D)Proximate cause

Question 37

Throwing a lit match on the ground in the forest and causing a fire is a breach of ________.

A)appropriation
B)Good Samaritan law
C)the duty of care
D)res ipsa loquitur

Question 38

Unauthorized and harmful or offensive physical contact with another person is called ________.

Question 39

George,Jerry,and Harry are passengers on a flight from Chicago to New York.They injure their legs when their seatbelts do not fasten during take-off.The airline is sued by all three together for injuries caused,and the airline is found to be negligent and is directed by the court to pay damages to the injured parties.Which of the following parties is entitled to recover maximum damages?

A)George,a retired professor who gets a pension of $50,000 a year
B)Jerry,a football player who earns $2 million a year
C)Harry,a chartered accountant who earns $200,000 a year
D)All the men recover the same amount of damages,irrespective of their income or profession.

Question 40

False statements that appear in a letter,newspaper,magazine,book,photograph,movie or video are ________.

Question 41

A lawyer who fails to file a document with the court on time,causing the client's case to be dismissed,is liable for legal malpractice.

Question 42

If the defendant's act caused the plaintiff's injuries,there is causation in fact.

Question 43

________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

A)Res ipsa loquitur
B)Negligence per se
C)The doctrine of proximate cause
D)The doctrine of comparative negligence

Question 44

Comparative negligence is a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

Question 45

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

A)A Good Samaritan law
B)Assumption of the risk
C)The duty of care
D)Res ipsa loquitur

Question 46

A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign.The jury finds that the driver was 80 percent responsible for the accident and the jaywalker was 20 percent responsible.The pedestrian suffered $100,000 in injuries.If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases,the pedestrian is entitled to recover ________.

A)no damages from the driver
B)$100,000 from the driver
C)$20,000 from the driver
D)$80,000 from the driver

Question 47

The term ________ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant.

A)comparative negligence
B)contributory negligence
C)assumption of the risk
D)negligence per se

Question 48

A pedestrian trips and falls on a poorly lit sidewalk in front of Kate Geller's house and is injured.If the pedestrian sues for damages,which of the following parties would most likely be liable to pay the damages?

A)the civic authority
B)Kate Geller
C)the residents' association of the locality
D)the pedestrian

Question 49

If a plaintiff is injured,the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

Question 50

The reasonable person standard is a test used to determine whether a tort is intentional or unintentional.

Question 51

A homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured.

Question 52

If a woman is informed of her husband being run over by a bus the previous night,she can recover damages for negligent infliction of emotional distress.

Question 53

Causation in fact refers to a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

Question 54

The violation of a statute that proximately causes an injury is termed as negligence per se.

Question 55

Res ipsa loquitur is a tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care.

Question 56

John watches his brother being killed in a road accident.The perpetrator was driving under the influence of alcohol.John can recover damages for negligent infliction of emotional distress for the mental trauma he suffered from watching his brother die.

Question 57

________ refers to a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

A)Assumption of the risk
B)Comparative fault
C)Contributory negligence
D)Comparative negligence

Question 58

A doctor driving on the wrong side of the road crashes into an eight-year-old boy riding a bicycle.Fearing the consequences,the doctor flees without reporting the accident or giving first-aid to the boy.The doctor is liable for professional malpractice.

Question 59

Assumption of the risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury.

Question 60

Ruggers is a maker of a range of highly popular cruise motorcycles.Tim buys a Ruggers motorcycle from a dealership and suffers an accident.While recuperating from his injuries,he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years,owing to a previously unknown defect in their braking systems.Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages.The defect in the motorcycle is found to be half responsible for the accident,while Tim's own negligence of traffic rules contributed to the rest.Under the doctrine of contributory negligence,what would be the ruling of the court hearing this case?

A)Tim cannot recover any damages from the motorcycle manufacturer.
B)Tim can recover $25,000 worth of damages from the Ruggers and the rest from the dealership from which he purchased the motorcycle.
C)Tim can recover $50,000 worth of damages plus any punitive damages that may be awarded by the jury.
D)Tim can recover $50,000 worth of damages from the motorcycle manufacturer.

Question 61

Making false statements about a competitor's products,services,property,or business reputation could make a company liable for ________.

A)intentional misrepresentation
B)the tort of appropriation
C)disparagement
D)the misappropriation of the right to publicity

Question 62

Which of the following instances depict the tort of outrage?

A)A farmer's crops are set on fire by an unidentified miscreant.
B)A gym teacher verbally abuses an overweight kid in every gym class and the kid suffers severe emotional distress.
C)A cosmetics company uses Julia Roberts' image without her consent to depict her as its brand ambassador.
D)A beverage-manufacturer claims that its competitor uses coffee beans of poor quality.

Question 63

Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality or situation that caused his or her own injury.

Question 64

________ is a doctrine that raises a presumption of negligence and switches the burden to the defendant to prove that he or she was not negligent.

Question 65

Res ipsa loquitur switches the burden to the plaintiff to prove that the defendant was negligent.

Question 66

Intentional misrepresentation occurs when a wrongdoer deceives another person out of money,property,or something else of value.

Question 67

If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process,the nurse cannot be sued as he or she is protected by Good Samaritan statutes.

Question 68

A tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care is ________.

Question 69

One student actor wins a part in a play over another student actor.To get back at the winning student,the rejected student files a lawsuit against the winning student alleging intentional infliction of emotional distress,defamation,and negligence.The jury returns a verdict exonerating the defendant.The defendant is now entitled to sue the plaintiff for ________.

A)the tort of outrage
B)malicious prosecution
C)intentional misrepresentation
D)misappropriation of the right to publicity

Question 70

Sending an objectionable telegram to a third party and signing another's name constitutes the tort of ________.

A)invasion of the right to privacy
B)defamation of character
C)battery
D)intentional misrepresentation

Question 71

A doctrine under which damages are apportioned according to fault is known as ________.

Question 72

Statutes often establish duties owed by one person to another.

Question 73

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Question 74

A failure to exercise care or to act as a reasonable person would act is a breach of the ________.

Question 75

A(n)________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

Question 76

Which of the following is an intentional tort?

A)breach of the duty of care
B)defect in product manufacture
C)disparagement
D)negligence

Question 77

Disparagement is an untrue statement made by one person or business about the products,services,property,or reputation of another business.

Question 78

________ is the liability of a professional who breaches his or her duty of ordinary care.

Question 79

If a person did not have knowledge that his representation of facts was false,he is still liable for fraud.

Question 80

________ is a defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.