Question 1

The courts consider legitimate competitive behavior permissible only if it does not result in the breaking of a contract.

Accepted Answer

The courts consider legitimate competitive behavior permissible in most cases as long as it is legal and fair, even if it results in the breaking of a contract.

Question 2

The use of a person's likeness for commercial purposes without permission is appropriation.

Accepted Answer

Using a person's likeness without their permission for commercial purposes is a violation of their right of publicity and is known as appropriation.

Question 3

A crime is an act so reprehensible that it is considered a wrong against society as a whole,as well as against the individual victim.

Accepted Answer

A crime is a violation of laws and social norms that are considered harmful to the well-being of society as a whole, as well as to the individual victim.

Question 4

Very few states have limited the amount of damages that can be awarded in tort cases.

Accepted Answer

Many states have put caps on certain types of damages in tort cases, such as punitive damages or damages for medical malpractice.

Question 5

The public disclosure of private facts about a person is an invasion of privacy.

Accepted Answer

The public disclosure of private facts about a person is considered an invasion of privacy under many legal and ethical frameworks. This includes sharing information about a person's personal life or medical history without their permission, or sharing sensitive information such as photos or videos without consent.

Question 6

A house is an example of personal property.

Accepted Answer

A house is an example of real property, meaning it is tied to a piece of land and cannot be moved. Personal property includes movable objects such as furniture, clothing, and vehicles.

Question 7

Class-action lawsuits are suits in which a number of persons join together to bring an action.

Accepted Answer

Class-action lawsuits allow multiple plaintiffs to combine their claims into one lawsuit, typically against a defendant with significant resources or in cases where individual suits would be impractical.

Question 8

Defense of property is NOT a defense to an allegation of assault or battery.

Accepted Answer

Defense of property can be used to justify the use of force to protect one's property, but it does not excuse the use of force that goes beyond what is reasonably necessary to defend the property. If the use of force extends beyond what is reasonable, it can still result in an allegation of assault or battery.

Question 9

Defense of others is a defense to an allegation of battery,but not assault.

Accepted Answer

The answer of Defense of others is a defense to...

Question 10

In a tort action,the state prosecutes and punishes persons who cause injury to others.

Accepted Answer

In a tort action, usually it is the injured party who files the lawsuit and seeks compensation for their damages, not the state. Criminal actions brought by the state may also result from the same incident, but they are separate from tort actions.

Question 11

Defense of others is a defense to an allegation of both battery and assault.

Accepted Answer

Defense of others is a valid defense against an allegation of battery and assault, as it comes under the category of self-defense. If a person reasonably believes that another person is in danger of being harmed by someone else, then they can use reasonable force to prevent that from happening. This defense could be used to protect the third party from harm.

Question 12

For a tort to be considered intentional,the tortfeasor must have an evil or harmful motive.

Accepted Answer

To be considered intentional, the tortfeasor must have intended the act that resulted in the harm, but it does not necessarily require an evil or harmful motive. The act could have been intentional but with a harmless or even well-intentioned motive.

Question 13

Statements made by members of Congress on the floor of Congress are NOT privileged communications and may be the basis for defamation charges.

Accepted Answer

Statements made by members of Congress on the floor of Congress are protected by the Speech or Debate Clause of the Constitution, and therefore cannot be the basis for defamation charges.

Question 14

False imprisonment occurs when a person restrains another intentionally and without justification.

Accepted Answer

False imprisonment is the intentional and unjustified restraint of another person against their will. It can involve physical barriers, such as locking someone in a room, or psychological coercion, such as threatening to harm someone if they leave. It is a civil tort and can also be a criminal offense.

Question 15

Unlawfully taking personal property is conversion.

Accepted Answer

Conversion is defined as the intentional exercise of dominion or control over another person's property, without their permission or legal authority. It involves taking, using, destroying, or selling the property, and can be considered a civil and criminal offense.

Question 16

A tort is the only type of wrong that exists in the law.

Accepted Answer

There are other types of wrongs in the law, such as breaches of contract, criminal offenses, and statutory violations.

Question 17

If it can be shown that a trespass to land was warranted,a complete defense exists.

Accepted Answer

If a trespass to land was warranted, then the person who entered the land had a justified reason to do so, such as having permission from the owner or a valid government authority. In this case, the person cannot be held liable for trespassing, and a complete defense exists.

Question 18

Through tort law,society compensates those who suffer injuries as a result of others' wrongful conduct.

Accepted Answer

Tort law is designed to provide compensation to those who have been harmed, injured, or suffered loss as a result of another's wrongful actions. This can include damage to property, physical injury, emotional distress, and financial losses. The purpose of tort law is to hold individuals and organizations accountable for their actions and ensure that victims are fairly compensated for their losses.

Question 19

Consent is a defense to an allegation of both assault and battery.

Accepted Answer

Consent means that the alleged victim gave permission for the conduct of the defendant, therefore making it not an assault or battery. However, this defense is only valid if the consent was informed, freely given, and from someone capable of giving it.

Question 20

To commit an intentional tort,one person must intend to harm a certain person.

Accepted Answer

While the term "intentional" may suggest that the person acted with the intention of causing harm, in the context of tort law, it means that the person intended to take the action that resulted in harm, without necessarily intending to cause harm. For example, if someone throws a ball and it accidentally hits someone in the head, they may be liable for the resulting injury even though they did not intend to cause harm. Therefore, the correct statement would be that to commit an intentional tort, one person must intend to take the action that results in harm, but not necessarily intend to harm a specific person.

Quiz 5: Torts and Cyber Torts