LEGL 3000 - Chapter 4
b
A person assumes all risks associated with any activity in which he or she participates. a. True b. False
e
A person who commits a tort is known as a: a. maladjustor. b. criminal. c. perpetuator. d. instigator. e. tortfeasor.
a
A successful defense releases the defendant from liability for a tortious act. a. True b. False
b
A tortfeasor is one who wrongfully alleges that a tort has been committed. a. True b. False
a
An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event. a. True b. False
a
Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing, a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of: a. assumption of the risk. b. transferred intent. c. consent. d. negligence per se.
b
Baylee is driving her friend Sarah to the movies. Baylee loses control of the car and crashes into a fence. The vehicle's airbags deploy, and both Sarah and Baylee are shaken up, but not physically injured. Sarah threatens to sue Baylee for negligence. Sarah's lawsuit is likely to be: a. unsuccessful, because Sarah was also negligent. b. unsuccessful, because Sarah was not injured. c. successful, because Baylee owed Sarah a duty of care. d. successful, because Baylee was negligent.
b
Because an intentional tort requires intent, a harmful motive is required. a. True b. False
b
Conversion is limited to theft. a. True b. False
a
Failure to live up to a standard of care may be an act or an omission. a. True b. False
a
False imprisonment occurs when a person restrains another intentionally and without justification. a. True b. False
b
Under the doctrine of comparative negligence, only the plaintiff's negligence is taken into consideration. a. True b. False
b
Under the theory of negligence, the duty of care requires an intentional act. a. True b. False
b
Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship. a. True b. False
b
When you borrow a friend's tablet device and refuse to give it back, you have committed trespass to land. a. True b. False
b
Which of the following acts normally does not constitute a conversion? a. The taking of electronic records and data without the owner's permission. b. Temporarily borrowing a friend's textbook and then returning it. c. Mistakenly believing that you are entitled to goods that are not your own.
c
Which of the following has nothing to do with false imprisonment? a. Intentional confinement or restraint of another person's activities without justification. b. An interference with the freedom to move without constraint. c. You are made fearful of unwanted and possibly harmful contact with another person.
a
Which of the following is NOT an element of negligence? a. Intent b. Duty c. Breach d. Causation e. Damages
b
Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship? a. A valid, enforceable contract must exist between two parties b. A third party must be aware that the contract exists c. A third party must unintentionally cause one of the parties to break the contract
d
Which of the following is NOT slander per se? a. A statement that another has a loathsome disease (historically, leprosy and sexually transmitted diseases, but now also including allegations of mental illness). b. A statement that another has committed improprieties while engaging in a business, profession, or trade. c. A statement that another has committed or has been imprisoned for a serious crime. d. A statement that another has engaged in unwelcome construction of a residence or commercial property.
b
Which of the following is not an element of fraudulent misrepresentation? a. An intent to induce another to rely on the misrepresentation. b. The misrepresentation of opinions. c. Justifiable reliance by the deceived party. d. Damage suffered as a result of the reliance.
b
Which of the following questions does a court NOT ask to determine whether the requirement of causation is met? a. Is there causation in fact? b. Was there intent? c. Was the act the proximate cause of the injury?
c
You are given permission to use Alvie's land for a one-day, all-terrain vehicle event. Your truck breaks down during the event, so you leave it on Alvie's property. Most likely you have committed: a. trespass to personal property. b. trespass to land, but you have a complete defense. c. trespass to land.
b
Jack sees an injured person lying on Frank's property. Jack crosses Frank's property to rescue the injured person. Jack has committed trespass to land. a. True b. False
c
Jane publishes a newsletter casting into doubt Eliza's ownership of her land. Jane has arguably committed: a. slander of quality. b. trade libel. c. slander of title.
d
Jason is rushed to State General Hospital after a severe car accident. Brenda, a skilled emergency physician, rushes to Jason's aid. She immediately applies the latest knowledge in medical care and makes repeated attempts to alleviate Jason's injuries. After three hours of efforts by Brenda and her staff, Jason dies from his injuries. Jason's estate sues Brenda for negligence. Jason's estate will most likely: a. prove negligence because Jason died at the hospital. b. not prove negligence because Brenda had no duty of care to Jason. c. prove negligence because Brenda possessed superior knowledge as a physician. d. not prove negligence because Brenda exercised a standard level of professional knowledge and ability in treating Jason.
b
John becomes seriously ill while vacationing at a remote island resort. Dr. Smith is vacationing at the same resort. Because it is an emergency and no one else is available, the doctor treats John until he can be flown to the mainland. John's illness is outside of Dr. Smith's area of expertise, and the treatment she provides causes permanent damage to Frank. If John sues Dr. Smith, she can defend herself under: a. the "danger invites rescue" doctrine. b. Good Samaritan statutes. c. dram shop acts. d. the theory of res ipsa loquitur.
a
Legitimate competitive behavior is a permissible interference with a contractual relationship even if it results in a breaking of the contract. a. True b. False
b
Mark is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Mark, to host a competing show. MoreTalk encourages Gordon to imitate Mark as closely as possible while on the air. MoreTalk is most likely to be liable for: a. defamation. b. appropriation. c. conversion. d. wrongful interference with a business relationship.
b
Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to successfully sue Mel for: a. libel. b. infliction of emotional distress. c. battery. d. violations of the First Amendment.
b
Some risks are obvious but, with respect to the duty of care required to establish negligence, a warning is always necessary. a. True b. False
b
Specifically targeting the customers of a competitor is always a legitimate business practice. a. True b. False
b
The basic purpose of tort law is to punish criminal wrongdoers. a. True b. False
a
A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements. a. True b. False
a
A defamatory statement must be communicated to a third party to be actionable. a. True b. False
b
Abigail takes Julie's laptop without her permission, and when she returns it a week later, it is obvious it has been damaged. Abigail has probably committed the tort of: a. slander of title. b. trespass to personal property. c. trespass to land. d. disparagement of property.
c
Adam sells audio and video equipment. He tells a customer, Abbey, "This MP3 player is the best one ever made." Adam's statement is: a. fact. b. fraudulent misrepresentation. c. puffery. d. appropriation.
b
An attorney's courtroom conduct would be judged by the reasonable person standard if that attorney was sued for negligently representing a client. a. True b. False
a
An individual's privacy is invaded if his or her likeness is used for commercial purposes without permission. a. True b. False
a
Assumption of risk does NOT require: a. seeking out the riskiest activities. b. knowledge of the risk. c. voluntary assumption of the risk.
a
Bob, a guest at a hotel, reached into the front seat of the hotel limousine to get his briefcase. He supported himself by placing his left hand on the center pillar to which the rear door was hinged. A hotel employee closed the rear door, smashing Bob's hand. A part of Bob's left index finger later had to be amputated. Bob filed a negligence lawsuit against the hotel in a state that adopted a "pure" form of comparative negligence. In this case, the court most likely would find that: a. Bob contributed to his injury and apportion his damages. b. Bob contributed to his injury and award him nothing in damages. c. Bob did not contribute to his injury and apportion his damages. d. Bob did not contribute to his injury and award him full damages.
a
Defense of others is a defense to an allegation of both assault and battery. a. True b. False
b
Disparagement of property is a general term for the specific tort of appropriation. a. True b. False
a
If it can be shown that a trespass to land was warranted, a complete defense exists. a. True b. False
a
If no harm results from an allegedly negligent act, there is no liability. a. True b. False
a
Melissa's tugboat accidentally collides with Tyler's yacht, and Tyler sues Melissa for negligence. A federal jury finds Melissa liable and awards Tyler $5,000 in compensatory damages as well as $50 million in punitive damages. Melissa appeals to the United States Supreme Court, challenging the punitive damages award. If the Supreme Court heard the case, it would likely: a. overturn the punitive damage award as grossly excessive. b. uphold the damage award as serving a legitimate purpose. c. uphold the damage award as proportional to the harm. d. refuse to review the issue because the court cannot overturn jury awards.
d
Modern Railways Co. operates a cargo railroad service between New York and Boston. A train owned by Modern Railways derails due to a maintenance problem. The train collides with a delivery truck owned by CraftCo, shattering $100,000 worth of porcelain inside. If CraftCo sues Modern Railways Co. for negligence, CraftCo may be able to recover: a. general damages. b. punitive damages. c. singular damages. d. special damages.
b
Moral pressure constitutes false imprisonment. a. True b. False
b
Only persons who are explicitly invited onto a business's premises are considered business invitees. a. True b. False
d
Orson takes Harrison's car without Harrison's permission and without just cause. Orson has probably committed the tort of conversion unless he can show that: a. he mistakenly believed he owned the car. b. the car was worth less than $500. c. he returned the car undamaged within 24 hours. d. Harrison does not really own the car.
a
Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability a. True b. False
d
Stephanie stands in front of her home with a bullhorn shouting that her new neighbor, Kyle, has just been released from prison for child molestation. Stephanie knows this statement is false. Under what legal theory may Kyle recover damages from Stephanie? a. Fraud b. Appropriation c. Libel d. Slander per se
c
Steps toward limiting tort damages in a number of states include all of the following except: a. limiting the amount of punitive damages. b. limiting the amount of noneconomic general damages like pain and suffering. c. increasing the burden of proof in negligence cases. d. banning punitive damages.
c
Stiles is much stronger than Ben. He threatens to beat Ben, then punches him in the face, and knocks out a tooth. Ben will probably bring a lawsuit against Stiles: a. for assault only, because Ben got a tooth knocked out. b. for battery only, because Ben got his tooth knocked out. c. for assault and battery, because there was both a threat and a harmful action.
c
Ted is running down the sidewalk at a high rate of speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except: a. causation. b. duty. c. damages. d. breach.
a
The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeasor does NOT wish to bring about the consequence of the act, nor does she or he believe it will occur. a. True b. False
b
The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years. Bob, the soccer coach, tells the team members that they must now train with Martin, not Hanson, or they will be kicked off the team. All of Hanson's clients immediately stop training with Hanson. Bob is most likely to have committed: a. conversion. b. wrongful interference with a business relationship. c. no tort. d. slander.
a
The purpose of tort law is to provide remedies for the violation of various protected interests. a. True b. False
b
The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act. a. True b. False
a
The taking of electronic records and data can form the basis of a conversion claim. a. True b. False
b
Through tort law, society compensates those who inflict injuries on others. a. True b. False
a
Tort law provides remedies for acts that cause damage to property. a. True b. False
b
Trespass to land has nothing to do with obtaining permission for use of that land. a. True b. False
c
While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory where they become lost. While climbing the mountain as part of the rescue effort, a snowplow accidentally cuts a nearby town's main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders' negligence in ignoring the warning signs is: a. the superseding cause of Ethel's death. b. the proximate cause of Ethel's death. c. the causation in fact, but not the proximate cause, of Ethel's death. d. not the cause of Ethel's death.
d
Wilhelm has an argument with his apartment roommate, Arthur. Wilhelm tells Arthur that if he leaves their apartment, Wilhelm will lock Arthur in his room when he returns. Arthur, frustrated with Wilhelm, leaves the apartment to take a walk. If Arthur were to sue Wilhelm for false imprisonment, Arthur would most likely: a. be successful because Arthur suffered emotional distress. b. be successful because Wilhelm committed false imprisonment. c. not be successful because Wilhelm is his roommate. d. not be successful because threats of future harm do not constitute false imprisonment.
b
You accidentally bump into someone on the sidewalk and that person falls but is unharmed. Nonetheless, that person usually can successfully sue you for damages. a. True b. False
