Question 1

In New York Times v.Sullivan,the United States Supreme Court held that public officials cannot recover for defamation unless they can prove that the defendant acted with actual ________.

Accepted Answer

In New York Times v. Sullivan, the Supreme Court held that public officials could not recover for defamation unless they could prove that the defendant acted with actual malice, meaning they published the defamatory statement with knowledge that it was false or with reckless disregard of whether it was false or not.

Question 2

The following are required to be proven in a negligence case except:

Accepted Answer

While the defendant's awareness of the consequences of their actions may support a finding of negligence, it is not a required element to be proven in a negligence case. The other options listed are all necessary elements that must be proven in order to establish negligence.

Question 3

Under the doctrine of ________ tort,commonly referred to as negligence,a person is liable for harm that is the ________ consequences of his or her action.

Accepted Answer

The doctrine of negligence holds a person liable for harm that is the unintentional but foreseeable consequence of his or her action. So, choice A is the correct answer. Choice B and D are incorrect as they refer to intentional torts, which involve deliberate harm. Choice C is incorrect because unforeseeable harm, although unintentional, is not typically considered the fault or responsibility of the person causing the harm. Choice E introduces the concept of reasonableness, which while important to negligence analysis, is not a defining characteristic.

Question 4

Which of the following is true about intentional infliction of emotional distress?

Accepted Answer

The correct choice is C because intentional infliction of emotional distress (IIED) requires conduct that goes beyond all possible bounds of decency and is regarded as atrocious and utterly intolerable in a civilized society. Recovery is not allowed any time there is any amount of mental distress, and physical contact with the plaintiff is not necessary. Additionally, witnessing severe physical injury to a relative or significant person in the plaintiff's life and having prior psychological problems are not requirements for IIED.

Question 5

The best description of misappropriation of the right to publicity is:

Accepted Answer

Misappropriation of the right to publicity involves using another living person's name or identity for commercial purposes without their consent. This can include using their likeness or image for advertising or promotional purposes without permission.

Question 6

Which of the following is true about the tort of defamation?

Accepted Answer

The tort of defamation requires the publication of an untrue statement of fact, not opinion. Opinions are generally not actionable unless they are presented as statements of fact and are known to be false. Truth is a defense in a defamation suit, and the number of people to whom the statement was made or whether it was made in writing are not factors in the analysis. Privacy is not relevant to a defamation claim.

Question 7

Which of the following must the plaintiff demonstrate in order to prevail in an intentional misrepresentation lawsuit?

Accepted Answer

In order for a plaintiff to prevail in an intentional misrepresentation lawsuit, they must demonstrate all of the following: the wrongdoer made a false representation of material fact, the wrongdoer had knowledge that the representation was false and intended to deceive the innocent party, the innocent party justifiably relied on the misrepresentation, and the innocent party was injured. Therefore, choice (E) is the correct answer.

Question 8

The doctrine that is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class that includes the plaintiff is:

Accepted Answer

Negligence per se applies when a defendant violates a statute meant to prevent the specific harm that has occurred to the plaintiff. The violation of the statute establishes a presumption of negligence, making it easier for the plaintiff to prove their case.

Question 9

The best statement of the test applied in determining if a defendant was the proximate cause of the plaintiff's injuries is:

Accepted Answer

The proximate cause test is focused on whether the defendant should have foreseen that their conduct could lead to the specific kind of injury that the plaintiff suffered. This is reflected in choice C, which asks whether it should have been foreseeable to the defendant that their conduct could have caused this kind of injury. Choices A, D, and E are focusing on foreseeability to the plaintiff, which is not the relevant consideration for determining proximate cause. Choice B is closer to the mark, but still doesn't capture the focus on the defendant's conduct and foreseeability that choice C does.

Question 10

To succeed in a malicious prosecution lawsuit,the courts require the plaintiff to prove all but which of the following?

Accepted Answer

The answer of To succeed in a malicious prosecution lawsuit,the...

Question 11

Which of the following is the most accurate statement regarding the tort of disparagement?

Accepted Answer

The tort of disparagement requires the plaintiff to prove that the defendant maliciously made an untrue statement, published it to a third party, and knew it was false.

Question 12

The doctrine that shifts the burden of proof from the plaintiff to the defendant is:

Accepted Answer

The doctrine that shifts the burden of proof from the plaintiff to the defendant is res ipsa loquitur, which translates to "the thing speaks for itself." This doctrine is applicable in situations where the plaintiff cannot provide direct evidence of negligence but the circumstances of the incident imply that negligence must have occurred. Res ipsa loquitur shifts the burden of proof to the defendant to prove that they were not negligent.

Question 13

Wayne is showing off by driving his Porsche at 120 mph through a school zone.Which of the following is not a foreseeable consequence of his negligent act?

Accepted Answer

Reading about an incident in the paper the next day is too remote to be considered a foreseeable consequence of Wayne's negligent act.

Question 14

In terms of fraud liability,the wrongdoer's knowledge that his or her representation was false and was intended to deceive the innocent party is known as:

Accepted Answer

Scienter refers to the wrongdoer's knowledge that their representation was false and intended to deceive the innocent party. It is an essential element in proving fraud and imposes liability on the wrongdoer. The other options - primogeniture, mala in se, mala prohibita, and malice aforethought - are unrelated to the concept of fraud liability.

Question 15

Which of the following is another term for disparagement?

Accepted Answer

Trade libel is another term for disparagement, which refers to making false statements about a company's products or services with the intention of harming its reputation.

Question 16

Cindy,a student,and her professor Lance have an argument during class and Lance is upset at her lack of respect.That afternoon he sees her alone,and unknown to her,walks up to her quietly from behind and slams her over the head with his briefcase.What tort(s)has he committed,if any?

Accepted Answer

Lance has committed the tort of battery by intentionally and unlawfully causing harmful or offensive contact with Cindy's person (in this case, by hitting her over the head with his briefcase).

Question 17

In James v.Meow Media,Inc.involving the lawsuit against the producers and distributors of violent video games and movies after a minor shot several classmates,which of the following sets forth the ruling of the Court of Appeals?

Accepted Answer

The ruling of the Court of Appeals was that the producers and distributors were not held liable because the actions of the minor were not reasonably foreseeable. This means that they could not have foreseen that their violent video games and movies would lead to a shooting. Therefore, option D is the correct answer.

Question 18

Which of the following is true about the tort of invasion of the right to privacy?

Accepted Answer

Placing someone in a "false light" is one of the forms of invasion of privacy defined by law. False light means the publication of private or false facts that may harm a person's reputation or cause emotional distress.

Answer: B 
 True statements or facts that are disclosed cannot support a claim for invasion of the right to privacy because they do not involve the disclosure of private or false facts.

Answer: A, D, and E are incorrect 
 A is incorrect because the tort of invasion of privacy is applicable to everyone, not just public figures. D is incorrect because the defendant does not have to enter the plaintiff's home or place of business to be liable for invasion of privacy; the tort may be committed in other ways. E is incorrect because the claim may be filed in state or federal court, depending on the circumstances.

Question 19

Actual cause is also called causation in ________.

Accepted Answer

Actual cause is also referred to as causation in fact. It is the cause that directly produces the consequence or injury.

Question 20

The tort of intentional infliction of emotional distress is also known as the ________.

Accepted Answer

The tort of intentional infliction of emotional distress is commonly known as the tort of outrage.

Quiz 5: Torts and Strict Liability