CJL 3044 midterm

Eric, as a practical joke, stuck his foot out to trip Monica, who was walking by. Monica tripped on Eric's foot, fell to the ground, and broke her wrist. What tort did Eric commit?

Battery

Without permission and without his knowledge, Melanie parks her car in her neighbor, Harry's, driveway while Harry is away on a trip. Which of the following statements is false?

Because Harry is away, there is no intrusion onto his land.

Chapter 1 Judge Smith An appellate judge reviewing a tort case. Agrees with the majority of the court's opinion, but for different reasons, judge Smith should write a?

Concurring opinion

Battery is a purposeful act that causes an apprehension of a harmful or offensive contact. T or F?

False

Chapter 2 The doctrine of respondeat superior applies to all wrongful conduct Committed by employees regardless of where and when it occurred. T or F

False

Of the three main classifications of torts, Intentional torts are by far the most common tort actions. T or F?

False

Tort laws part of the criminal law system, not the civil law system. T or F?

False

Trespass to chattels is a more serious interference with a plaintiff's right to use or possession of property than conversion. T or F?

False

Trespass to chattels is an intentional tort against the person. T or F?

False

Trespass to land is the unintentional entry onto or interference with the land of another T or F?

False

Unreasonable interference with another's interest in the private use and enjoyment of his land is a public nuisance T or F?

False

Vicarious liability means a person is not liable in tort for harm he causes if someone else is also liable for the harm. T or F?

False

False arrest is an intentional tort against the person T or F?

True

Foresee-ability in tort law means the Addict-ability of an event or an occurrence. T or F

True

Holding a person firmly by the arms and not letting him walk away can constitute confinement for the tort of false imprisonment. T or F?

True

Joint and several liability means the plaintiff may Sue are responsible parties together or any one or more of them separately. T or F?

True

Jack sees John approach him in the dark, brandishing a sinister-looking knife. Jack believes he is about to be attacked by John, and using an old football move from his youth, lunges at John's legs to tackle him and attempt to wrestle the knife from him. Which of the following statements is true?

Jack's actions were privilege self-defense.

While ordering dinner at Pan Soup and Bread Company, Justine feels a tug at her purse. Looking down, Justine sees a man pulling her wallet out of her purse. Justine smacks the man across the head with her open fist. The man drops Justine's wallet and runs away. Which of the following statements is true?

Justine's actions were privileged defense of property.

Vicarious liability means?

Liability Of one person for the wrongful conduct of another person.

Lizzy uses a stranger's car, without permission, to rush her son to the hospital in a medical emergency. Which of the following statements is true?

Lizzy's conduct may be privileged, as a necessity.

For consent to be valid it must be given ___________ and ________________

voluntarily and knowingly

Chapter 4 Which of the following is not a requirement for the tort of tortious interference with a business relationship?

That there be a valid, enforceable contract about which the defendant knows.

A joint tortfeasor is a person who acts with other persons in causing a tortious wrong T or F?

True

Another name for common law is case law? T or F

True

Chapter 5 Deadly force may be used in defense of others if that amount of force is reasonable under the circumstances. T or F?

True

Chapter 3 Pamela threatens to report her ex-boyfriend Steven's tax fraud unless Steven agrees to allow Pamela to keep the house they shared. What tort has Pamela committed?

Abuse of process

The use of civil or criminal proceedings for an improper purpose or for an ulterior motive is called ?

Abuse of process

Joe held a gun to Terry's head, threatening to shoot Terry. What tort has Joe committed ?

Assault

The desire to bring about the consequences of the act or knowledge with substantial certainty that the consequences will flow from the act defines the element of ____________________

Intent

Trespass to land requires the intent to __________________________________

Intrude on the property of another

Molly punches Todd in the face because she does not like him. Sarah, Todd's girlfriend faints when she observes the Attack and sees Todd injures. Who is the tortfeasor?

Molly

Persons can be held liable for using their property in a manner that unreasonably interferes with other persons' use and enjoyment of their property. This liability arises under what tort theory?

Nuisance

The normal burden of proof in a civil case is ?

Preponderance of the evidence

The main source of tort law is?

Statutory law

Daniel is picking a fight with Gerald. Gerald tries his best to ignore Daniel, but without much success. Taylor, a stranger to Gerald, observes the situation from across the street. When it appears that Daniel is about to shove Gerald, Taylor rushes toward Daniel, punches him in the stomach, and causes Daniel to double over in pain. Gerald thanks Taylor and runs away. Which of the following is a true statement?

Taylor's actions were privileged defense of others.

Joint and several liability means ?

The plaintiff may sue all responsible parties jointly or any one of them separately

What is the important factor that distinguishes conversion from trespass to chattels?

The seriousness of the interference

Douglas spots Catherine's bicycle sitting outside her garage. Douglas takes the bicycle for a ride around the block, then returns it (unharmed). Douglas has committed the tort of ___________________

Trespass to chattels

Necessity is the privilege to make reasonable use of another's property in order to prevent immediate harm or damage to persons or their property. T or F?

True

Reentry onto land is the limited right of a person to use reasonable force to reclaim land when that person has been wrongfully dispossessed of it. T or F?

True

The prima facie tort doctrine covers intentional misconduct that does not fit the essential elements of the other recognized intentional torts T or F?

True

The usual remedy for a successful intentional tort claim is damages. T or F?

True

Polly a paralegal was asked by her Supervisor attorney to find the law in their jurisdiction on whether contributory negligence is a valid defense. Recognizing this as an issue involving tort law, Where is Polly most likely to find the ?

in a reporter because it is case law

Deadly force may not be used in _____________________

in defense of property

The tort of outrage is also called the tort of ________________

intentional infliction of emotional distress

Automobile consent statutes

make the owners of automobiles vicariously liable for the negligence of any person to whom they entrust their automobiles

A person who commits a tort is called ?

tortfeasor