TORT LAW

The shopkeeper's privilege

permits a shopkeeper to stop and detain a suspected shoplifter.

Rosemary wakes up from surgery with a pair of scissors in her stomach; her attorney most likely will

proceed with her case using the theory of res ipsa loquitur

An example of strict liability is

products liability

Transferred intent

protects people from misdirected physical contact; is legal fiction

Workers' compensation

provides cash benefits and medical care for workers injured on the job.

Absolute liability in cases involving animals and abnormally dangerous activity is limited by

proximate cause

The scope of duty is usually defined in terms of

reasonable foreseeability

Tort reform is an effort by the legislature to

reduce the amount and kinds of rewards people receive in legal actions

When a plaintiff sues all of the sellers along the product distribution chain, this is sometimes called

"going for the deep pocket."

Transferred intent is an element of which of the following intentional torts?

"legal fiction"; principle that if a person intended to hit another but hits a third person instead, they legally intended to hit the third person

Respondeat superior means

"let the superior answer." or "let the master answer"

When a victim has a peculiar health condition that is reasonably foreseeable, and the tortfeasor injures the victim, the courts call this

"taking the victim as you find him."

Which section of the Restatement (Second) of Torts deals with strict products liability?

402A

Gordon is a door-to-door salesperson. As he walks to Alicia's apartment door, he slips on a roller skate. For purposes of premises liability, Gordon would be classified as

A licensee

Last clear chance can best be defined as

A response to a contributory negligence defense

Which of the following is the best example of misrepresentation?

A roofer states that a homeowner's entire roof must be replaced, when adequate repairs could be made by replacing a few loose shingles.

Which of the following is not an element of self-defense?

A third party threatened by an attack

Strict Liability and

Absolute Liability are interchangeable

Hillary walked into a grocery store to buy some vegetables. As she walked down an aisle, she slipped on some spilled milk and fell down, breaking her arm. For purposes of premises liability, Hillary would be classified as

An invitee

Which of the following is the best illustration of assumption of risk?

Angela works in a pastry shop. She notices that there is an electrical short in one of the machines she is using. Rather than shutting the machine off, she continues to use it and is electrocuted.

Which of the following is not a type of invasion of privacy?

Arson

Defenses in cases involving animal owners' absolute liability

Assumption of risk Contributory and comparative negligence Consent Self-defense and defense of others

Which of the following includes proximate cause?

Assumption of risk; comparative negligence

Which of the following defenses applies to animal owner liability cases

Assumption of risk; contributory negligence; comparative negligence; consent

Which of the following defenses is (are) applicable to strict products liability cases?

Assumption of risk; ultimate user's misuse of product

Commercial disparagement includes which of the following?

Disparagement of goods; Disparagement of services; Disparagement of business

Which type of case most often involves the defense of implied consent?

Emergency Medical Treatment

Modern tort law originated from the ___ common law

English

Which of the following constitutes trespass to land?

Entering a store after closing to use the restroom

A landowner's exclusive right to use his or her real estate is called

Exclusive right; exclusive right of posession

Which type of damages is rarely awarded in negligence cases?

Exemplary, punitive

A hospital is responsible for the negligence of its independent contractors.

False

A negligent tortfeasor is absolutely liable for the injuries caused.

False

A person who hires an independent contractor is usually liable for the independent contractor's torts

False

A shopkeeper's questioning of a suspected shoplifter for up to eight hours is considered reasonable.

False

A tortfeasor is usually the plaintiff in a typical tort lawsuit.

False

A verbal threat on the telephone is considered an assault.

False

Abnormally dangerous activity are those that are inappropriately performed in the place in which the victim was harmed

False

Accidentally bumping someone in a crowded, moving elevator is considered a battery.

False

After the pleadings are served, the next step is for the plaintiff to file a demurrer.

False

As a general rule, employers are vicariously liable for torts committed by employees as they come and go to work.

False

Assumption of risk is not a defense to strict products liability.

False

At common law, contributory negligence absolutely bars the plaintiff's negligence claim.

False

Attorneys and doctors are the only professionals who can be sued for malpractice.

False

Both intentional torts and negligence cases require intent.

False

CERCLA is the acronym for a federal statute regulating defamation by computer.

False

Citizens may not make warrantless arrests.

False

Conversion requires injury to the real estate.

False

Defamation by computer means that computers are used to say true things about others.

False

Defense of property must be authorized by a statute or ordinance to be legally justified.

False

Dispossession is an important element of slander of title.

False

False light in the public eye is a form of defamation.

False

For the plaintiff to recover under strict products liability, the defective product must be unreasonably dangerous.

False

Fraud and misrepresentation are identical intentional torts.

False

In strict products liability cases, the ultimate user must be the original purchaser of the defective product.

False

Last clear chance is a response to assumption of risk.

False

Legally significant facts are those facts necessary for a plaintiff to win his/her lawsuit against a defendant

False

Mary threw a snowball at James but it hit John instead. Mary has committed a battery against James.

False

Mistake is a good-faith belief that one can commit torts with out punishment.

False

Modern tort law traces its roots to medieval China

False

Negligent infliction of emotional distress does not require outrageous conduct.

False

No actual touching is needed for a battery.

False

Occasional teasing constitutes a hostile work environment.

False

Once an attorney is censured, that attorney is prohibited from practicing law

False

One of the elements of res ipsa loquitur is that a defendant must be shown to be more than50% at fault

False

Proximate cause, as applied to liability cases, is substantially different from the term as used in negligent cases

False

Public officials are immune from all intentional torts.

False

Publication is the term associated with abuse of process

False

The assumption of risk defense applies even if the plaintiff was unaware of the dangers involved.

False

The goal of criminal prosecution is to get monetary compensation for the victim.

False

The government, through its prosecutors, uses tort law to punish violators who injure other persons or their property

False

The majority of legal cases are resolved through a formal court trial.

False

The plaintiff and the defendant decide how to apportion comparative negligence in a lawsuit.

False

The unique elements to a tort are duty, breach of duty, conclusions, and damages.

False

There must be a low risk of injury in ultrahazardous activity cases

False

Tort law is largely composed of a set of maximum standards of conduct.

False

Trespass to land requires injury to the real estate.

False

Under assumption of risk, the plaintiff's claim is barred even if he or she involuntarily engaged in dangerous activities.

False

When vicarious liability applies, the agent is liable for the principal's torts.

False

Licensees are persons invited onto another's land

False - Invitees

A battery is an attempted assault

False - assault is attempted battery

Reasonable care is an important factor in wild animal injury cases

False - domestic animal cases

The vicious propensity rule applies to ferae naturae

False - domestic animals

False imprisonment occurs even if the tortfeasor did not intend to confine the victim.

False - intent is required

An attorney will most likely refuse to take a malpractice case with damages over $100,000.

False - it is if damages are UNDER $100K

Under strict products liability, the manufacturer or seller need not be in the business of selling products such as the defective item that caused the injury.

False - needs to be in the business of selling

Under strict products liability, there must be privity of contract for the plaintiff to recover.

False - no privity required

Slander of title involves which of the following activities?

False statements regarding a person's ownership of title; intent to hinder or damage the owner's use of the property; Communication (publication) of the falsehoods to third parties.

Which of the following is an example of a statute of limitations?

Filing a lawsuit within one month of the date of injury

Which of the following best illustrates trespass to chattel?

Filling your swimming pool with a garden hose connected to your unfriendly neighbor's water supply

Which of the following is NOT an example of strict liabilty

Fred's prize pig, Augustus Major, takes a liking to Gary's genuine first century miniature Roman statue of Cesar, breaking off the stone figure at the base

Which of the following is not associated with negligent infliction of emotional distress?

Frolic and detour rule

Keeping in mind any applicable defenses, which of the following examples best shows negligence per se?

Gail owns a restaurant. One of her customers was injured when a grease fire broke out on the grill. The local health code requires restaurants to clean food preparation surfaces daily, to prevent such fires. Gail's grill had not been cleaned for several weeks.

In which of the following cases could strict liability apply?

Injuries caused by wild animals; injuries caused by explosives; Injuries caused by toxic wastes

Defamation by computer is best illustrated by which of the following examples?

Inputting false information about a person's credit into a computer database

Which of the following is not an element of trespass to land?

Intent to injure another's real property

What are the two types of entry in trespass to land?

Intentional and Unintentional

Which of the following is true of a special relationship between parties?

It might create a duty to act based upon the relationship

Which of the following examples best illustrates necessity?

Karen sees a fire in a pharmacy after closing hours. She breaks open the door and puts out the fire with the extinguisher she carries in her truck.

Which of the following examples illustrates absolute liability

Kim's pet python snake attacked Huston; While mixing acids in her lab, Dr. Proctor spilled a vial on Cory's shirt; Debra's pit bull, known in the neighborhood as ill-tempered and vicious, attacked Cassandra

Which of the following might be examples of medical malpractice?

Lack of informed consent; Failure to diagnose; Abandonment

The coming and going rule

states that employers are not vicariously liable for the negligence of their employees while they are coming to and from work.

In which type of case would res ipsa loquitur most commonly be used?

Medical malpractice

Which of the following is the best example of abuse of process?

Murdock files a lien against a customer who has agreed to pay his debt over a period of several months, and all payments have been made (and accepted by Murdock) on time to date.

Which of the following is not one of the four elements of negligence?

Proximate cause

Which of the following examples illustrates strict products liability?

Rebekah bought a motorcycle that had defective spokes in the front wheel. While she was driving down the highway, the front tire broke, sending her hurtling over the handlebars.

Which of the following is the best illustration of last clear chance?

Ronald is a door-to-door salesperson. He approached Lyndon's house, which had a defective porch roof. Lyndon was aware of this danger. Ronald saw the roof sagging but continued onto the porch. The roof collapsed, injuring Ronald.

Which of the following is the best example of intentional infliction of emotional distress?

The complainant's criminal complaint must lack probable cause; Shouting obscenities at a basketball official in an arena seating 10,000 fans; Calling a friend during an important business meeting to inform him or her of a nonexistent "family emergency"; Spitting on a crowded sidewalk

Which of the following statements is true regarding malicious prosecution?

The complainant's criminal complaint must lack probable cause; The complainant must have filed frivolous criminal charges with malicious intent; The accused must be acquitted of the criminal charges or otherwise have them disposed of

Under res ipsa loquitur, which of the following statements is true?

The defendant's negligence is presumed; The defendant had exclusive control over the action or object that injured the plaintiff; The defendant is in the better position to prove his or her lack of negligence than the plaintiff is to prove negligence

Privilege is best defined as which of the following?

The legal justification to engage in otherwise tortious conduct to achieve a socially compelling goal

In a negligence lawsuit, which of the following most often decides how the reasonable person would have acted?

The trier-of-fact

Informed consent requires which of the following?

The victim's understanding of the consequences of the tortfeasor's actions; The victim's voluntary acceptance of the tortfeasor's conduct

Rightful repossession is most often a defense to which of the following intentional torts?

Trespass to land

Zevon walked into a construction site after working hours. He slipped and fell into an open pit, injuring himself. For purposes of premises liability, Zevon would be classified as a(n)

Trespasser

"Cause in fact" is the test for whether the defendant's misconduct produced the plaintiff's injuries.

True

A Good Samaritan is a person who comes to the aid of another.

True

A landowner's highest duty of care is owed to invitees.

True

A person filing a false lien against someone's real estate commits slander of title.

True

A single act can be the basis for both a tort claim and a criminal action.

True

A tort is a wrongful injury to a person or a person's property

True

Abnormally dangerous activities are inherently perilous because of the actions and devices involved

True

Abuse of process involves civil lawsuits, whereas malicious prosecution involves criminal actions.

True

An intentional tort is an injury designed to injure a person or a person's property.

True

An ultrahazardous activity must proximately cause the plaintiff's injuries in order for the defendant to be held strictly liable

True

Another public policy objective of tort law is to allocate losses among different participants

True

Appreciable confinement is defined as unreasonable under the circumstances.Therefore, detaining someone in a burning building for even a few seconds could be considered unreasonable

True

Comparative negligence apportions liability between the plaintiff and the defendant and adjusts the plaintiff's recovery accordingly

True

Compensatory damages are commonly awarded in negligence cases.

True

Consent is a defense to all intentional torts.

True

Contributory negligence is generally not a defense in strict products liability cases.

True

Duty is the obligation to either do or not do something.

True

False imprisonment involves confinement without the captive's consent.

True

Fault is irrelevant to strict liability cases

True

If an attorney fails to use best judgment, that in and of itself is not enough to prove malpractice

True

If the ultimate user fails to properly maintain a product, then he or she cannot recover under strict products liability for injuries.

True

In an assault, the threat must be immediate or imminent.

True

In both intentional and reckless infliction of emotional distress, the victim must suffer severe mental anguish.

True

In effect, contributory negligence is a way of describing a plaintiff's negligence toward himself or herself.

True

In some jurisdictions, recovery for negligent infliction of emotional distress is partially limited to cases in which the plaintiff witnesses serious injury to a family member.

True

In strict products liability, the product must have a defect of some sort.

True

Intent to do harm is not required for negligence

True

Invasion of privacy occurs through appropriation of a person's likeness for profit without permission.

True

Libel can involve movies, records, DVDs, and computer programs.

True

Libel is written defamation, whereas slander is oral defamation.

True

Many state legislatures have enacted motor vehicle vicarious liability statutes

True

Necessity allows a tortfeasor to commit an intentional tort to prevent more serious injury from an external force.

True

Negligence is the failure to exercise due care

True

Negligence requires intent to commit a harmful act.

True

Once a plaintiff has made a prima facie case, the burden shifts to the defendant.

True

One of the public policy objectives in tort law is compensating victims by holding tortfeasors responsible for their acts

True

One purpose of tort law is to compensate victims by holding tortfeasors accountable for causing injuries

True

Patient dumping creates a cause of action as a result of nonuniform treatment of patient

True

Patient dumping is a new tort.

True

Placing caps on the amount of money an injured plaintiff can collect is an example of tort reform.

True

Privilege is sometimes considered a broad category encompassing all intentional tort defenses.

True

Professional liability policies generally do not cover intentional acts such as fraud.

True

Proximate cause is defined in terms of the foreseeability of injury

True

Rightful repossession permits a creditor to file a lien against a debtor.

True

Scope of duty is defined in terms of the foreseeability of injury to the victim.

True

Scope of employment means the range of conduct that an employer expects an employee toperform as part of his or her job.

True

Self-defense is the exercise of reasonable force to repel an attack upon one's person or to avoid confinement.

True

Some legal scholars believe that comparative negligence produces fairer results than contributory negligence.

True

Some legal scholars criticize comparative negligence for its arbitrary and capricious approach to assigning liability percentages

True

Taking somebody's television without permission is called trespass to chattel.

True

The court can draw a negative inference or preclude the admission of evidence or testimony when spoliation of evidence has occurred.

True

The parties in strict products liability cases include the manufacturer, retailer, wholesaler, and ultimate user.

True

The risks of an abnormally dangerous activity must outweigh the benefits the activity brings

True

The special negligence rule that applies to trespassing children is called attractive nuisance.

True

The standard used to determine if a physical contact is offensive is the reasonable person standard.

True

To be successful in claiming defamation, a public figure must show that a statement was made with actual malice.

True

To commit negligence, the tortfeasor must breach his or her duty of care.

True

Tort analysis should go from the general to the specific.

True

Toxic trespass occurs when an ultra hazardous pollutant interferes with a landowner's use of his or her property.

True

Transferred intent holds tortfeasors accountable for their actions even when they did not desire to hit the third person involved.

True

Trespass to chattel is similar to conversion

True

Trespass to chattel is unlawful interference with an owner's right to use his/her personal property

True

Under common law usage principle, an abnormally dangerous activity is one that is not commonly undertaken in every day life

True

Under strict products liability, in order for the plaintiff to recover, the product cannot be substantially changed from the time it left the manufacturer or seller until it reached the ultimate user.

True

Unreasonable intrusion is an excessive and highly offensive invasion of one's seclusion or solitude

True

When a single tortfeasor causes injury, he or she is jointly and severally liable.

True

Workers' compensation is a form of insurance for workers who are injured on the job, or who become ill as a result of their job.

True

Trespass to chattel includes which of the following elements?

Unauthorized possession or interference with the use of another's chattel; Intent to deprive or interfere with the owner's use of personal property

The attorney/client relationship is

a fiduciary relationship.

Products liability is

a form of strict liability

Class Action

a lawsuit brought by yourself and other persons in the same jurisdiction

Apprehension, as used in assault, means

a person reasonably fears for their physical safety in anticipation of being struck by an unconsented to, harmful, or distasteful contact

Hot pursuit, in the defense of rightful repossession, means

a rapid chase as soon as possible after the owner discovers that his or her chattel has been taken.

The time period within which one must file a negligence lawsuit is commonly called

a statute of limitations.

The common usage principle states that

abnormally dangerous activities are those that are not commonly undertaken in everyday life

In which case would a court most likely apply a balancing test comparing the benefits to the hazards of a particular activity

abnormally dangerous activity cases

A lawsuit can be settled

after the complaint is served before the answer is served during discovery during the trial

The Restatement (Second) of Torts 520 states that

an abnormally dangerous activity creates a high risk of substantial injury to a person or to property

An independent contractor is distinguishable from an employee because

an employer does not control how an independent contractor performs work.

Self-defense and defense of others are two defenses applicable to

animal owner liability cases

When a lawsuit is decided by someone other than a judge and the decision is binding, the procedure is called

arbitration

Legal malpractice occurs when a(n)

attorney falls below the standard of care required.

Instead of a formal court trial, parties to a dispute are now opting for alternative dispute resolution in order to

avoid a costly court proceeding

Workers' compensation

bars suits against the employer.

What best distinguishes assault from battery in tort law

battery requires physical contact, assault does not

The burden of proof in a negligence action is usually proof

by the preponderance of evidence

An attorney must never

commingle client funds with law firm funds.

The first pleading filed in a civil lawsuit, which contains the statement of wrong done to the plaintiff, is called the

complaint

Intentional torts may best be defined as

conduct that is fashioned to harm another person or their property

Another name for special damages is

consequential damages

In which area of law does products liability have its roots?

contract law/warranties

When a defendant brings a claim against the plaintiff, this is called

counterclaim

The answer in a lawsuit is the

defendant's response to the complaint

Patient dumping is defined as

denial of treatment to emergency patients or women in labor.

Domitae Naturae refers to

domestic animals

Negligence is defined as

failure to exercise reasonable care to avoid injuring others.

Statutes of limitations are irrelevant to negligence defenses

false

What distinguishes strict liability from negligence

fault is irrelevant to strict liability but important to negligence

Strict liability differs from intentional torts and negligence how

fault is unnecessary to establish liability

Which of the following cannot make a product unreasonably dangerous?

faulty product design; error in product manufacturer or assembly; improper product. maintenance; manufacturer or seller's failure to warn

In slander of title, the term publication best means

filing a false lien against real estate.

In a torts case, the

goal is compensation for the victim

The party bringing an action

has the burden of proof

Absolute or Strict Liability

holds the tortfeasors responsible for their behavior regardless of fault; tortfeasor could have used every possible degree of care to protect against injuring the victim and it would still not prevent liability; Fault is irrelevant

Abnormally dangerous or ultrahazardous activities are considered

inherently perilous

Some jurisdictions include all of the following elements in strict products liability, except

intent

Punitive damages are mostly awarded in

intentional tort cases.

Violation of a statute

may have an effect on a negligence action if the injured was the kind of person the statute was designed to protect

Emotional distress is synonymous with

mental anguish, shock, fright

Emotional distress includes which of the following?

mental anguish; fright; grief; embarrassment

The majority of states follow

the Model Rules of Professional Conduct.

In a rent-a-judge proceeding,

the decision can be advisory or binding

Negligence may be best defined as

the failure to exercise reasonable care to avoid injuring others or their property.

Assault is best defined as

the intentional threat, show of force, or movement that could reasonably make a person feel in danger of physical attack or harmful physical contact

Which of the following is true regarding mediation?

the mediator persuades the parties to reach a settlement

Duty is defined as

the obligation to do something; obligation to not do something

In a malpractice action, the "case within a case" is

the original case.

In motor vehicle consent statutes, vicarious liability is imposed on

the owner of the vehicle for the negligence of those who drive his or her vehicle.

Under common law negligence, reasonable care is defined by

the reasonable person standard

Substantial factor analysis states that

the tortfeasor is liable for injuries to the victim when the tortfeasor's actions were a substantial factor in producing the harm.

The person committing a tort is called the

tortfeasor

Commercial disparagement involves false statements about a person's business, goods, or services.

true

Sexual harassment consists of

unwelcome sexual advances; requests for sexual favors; verbal conduct of a sexual nature; physical conduct of a sexual nature

If it were reasonably foreseeable that the injured person would use the defective product, this individual is called the ultimate

user

The statute of limitations for bringing a legal malpractice action is

varies by jurisdiction.

For the most part, medical malpractice cases are

very costly and requires expert witnesses

Respondeat superior is normally associated with which type of negligence case?

vicarious liability

Joint and several liability occurs when

multiple tortfeasors are each held individually accountable to the victim

What distinguishes fraud from misrepresentation?

n fraud, the victim surrenders something of value to the tortfeasor, which may not necessarily occur with misrepresentation.

In malpractice cases, the standard of care is commonly defined by

national standard of care

Which of the following is NOT an intentional tort

negligence

In most states, violation of a statute is

negligence per se

Mass Tort

occurs when many people are injured as a result of a single tortious act

According to the zone of danger rule,

only bystanders who are in the zone of danger can recover for negligent infliction of emotional distress.

A negligence claim is typically proven through

oral testimony; written transcripts of discovery; photos and videos

Which of the following is not a party to a products liability lawsuit?

original purchaser

Discovery is the stage in a civil proceeding where the

parties exchange information and narrow the issues

What is one of the public policy justification for absolute liabilty

people engaged in certain dangerous activities should bear the risk of liabilty

Eric and Vivian, who have been engaged for one year, build a house but refuse to obtain the necessary building permit before beginning construction. They don't want the inspector to see that they are not following code law and are using substandard, cheap materials. Two months later, after the house is sold to Georgia, the house cracks in the middle, injuringGeorgia and her dog. Georgia's attorney will have her strongest argument in claiming which of the following?

violation of a statute, and negligence per se

Spoliation of evidence is

when evidence relevant to a legal proceeding is deliberately withheld, lost, or destroyed.

In infliction of emotional distress cases, ordinary sensibilities is best defined as

whether or not a reasonable person would suffer emotional distress as a result of the tortfeasor's actions.

Proximate cause focuses on

whether the injury itself was reasonably foreseeable

Proximate cause is important to which of the following tort cases

wild animal liability; abnormally dangerous activity; vicious domestic animal cases

Ferae Naturae refers to

wild animals

A tort is

wrongful injury to a person or a person's property

Conrad parked his car on a hill. He forgot to engage the parking brake. The car slipped out of gear, rolled down the hill, and crashed into Alfred's restaurant, injuring three customers. To whom did Conrad owe a duty of reasonable care?

Alfred, the 3 customers

The duty of reasonable care is important to which of the following tort cases

Between: wild animal owner abnormal dangerous activity vicious domestic animal Answer: NONE

Which of the following is the best example of comparative negligence?

Bill is driving and fails to stop for a stop sign. Margaret is listening to music and fails to pay attention to the road and oncoming cars. Both vehicles collide.

Which of the following is not an aspect of the assumption of risk?

Breach of duty

What negligence concepts do many courts combine?

Causation and proximate cause

Which of the following is the best example of contributory negligence?

Charles is driving a car on Main Street. Robert is driving a car on State Street. At the Main/State intersection, which is a four-way stop, both cars run stop signs and collide

Which of the following topics is not associated with the scope of employment?

Coming and going rule; Frolic and detour rule; vicarious liability; respondeat superior

In which of the following does the trier-of-fact apportion liability between negligent parties to adjust the recovery?

Comparative negligence

Which of the following is NOT an element of the defense of mistake?

Conduct that would ordinarily be considered tortious

Which of the following may be used as a defense to false imprisonment?

Consent

Courts use which of the following tests to determine faulty product design?

Consumer contemplation test; danger/utility test; a state-of-the-art discoverability test

When a plaintiff violates his or her duty of reasonable care to himself or herself, and this proximately causes the plaintiff's injury, this is called

Contributory negligence

How is conversion different from trespass to chattel?

Conversion requires the tortfeasor to put the chattel to his or her own use, whereas trespass to chattel does not.

Michele runs a radiator repair service. Paul is one of her customers. Michele repaired the cracked radiator in Paul's 1963 Chevrolet Impala automobile. Paul became upset when one of Michele's employees spoke rudely to him when he came to pick up the vehicle. The next day, Paul telephoned a local radio call-in program called "This Is Your Opinion Out There." Paul told the disc jockey that Michele's business was "low class," that Michele "thought she could do better auto repair work than a man," and that he'd never again do business with a "brainless broad doing a man's job." He managed also to say that Michele "slept around with customers" before the radio station cut him off. Which type(s) of intentional tort(s), if any, has Paul committed against Michele?

Defamation (slander); Invasion of privacy (false light in the public eye); Intentional infliction of emotional distress

Samson discovered someone lurking around the back door of his house early one morning.He shouted out the window to the person, "Don't move, I see you!" and "The police are coming!" The person stood, looking puzzled, and then bent back down to look at Samson's electric meter. The person worked as a meter reader for the electric company. The meter reader then stood up and walked slowly to his truck. Samson shouted after him, "I got your license plate! The cops will track you down!" Which intentional tort(s), if any, has Samson committed against the meter reader?

No intentional torts were committed

Stephanie is walking to class in a crowded hallway at the city's community college.Suddenly and unexpectedly, the fire alarm sounds. Although the students remain calm andwalk toward the exits, one of the school's faculty panics and, in haste to escape, knocksStephanie to the ground, injuring her. Which intentional tort has occurred, if any?

No intentional torts were committed

Defense of persons or property is best illustrated by which of the following examples?

Paula is operating a compressing machine. Jenny accidentally drops her wedding ring into the compression chamber. Jenny shouts to Paula to stop the machine, but Paula ignores Jenny's plea. Jenny runs over to press the machine's emergency stop button, knocking Paula aside in the process.

Which of the following is not an example of confinement, an element of false imprisonment?

Placing armed guards outside the victim's apartment while the victim is asleep

Which of the following statements is accurate?

Police officers and citizens are never liable for the intentional torts they commit while making warrantless arrests.

Publication is an element of which intentional tort?

Slander, Libel, Defamation

Which example best illustrates conversion?

Taking someone else's bicycle from a parking rack and riding it across town

The public officer's immunity for legal process enforcement is best illustrated by which of the following examples?

Tanya, a deputy sheriff, shot the defendant's dog that attacked her after she entered the defendant's land to serve a subpoena.

Trespasses to land in which no actual harm comes to the landowner are sometimes called

Technical trespasses

Proximate cause is defined as

The "legal cause" of an accident or other injury

Which of the following is not a federal statute directed at toxic torts?

The Hazardous Materials Transportation Act; The Toxic Substances Control Act; The Nuclear Waste Disposal Delivery Act; CERCA

At common law, absolute liability can apply to domestic animals under which rule

Vicious Propensity

Which of the following is the best example of malicious prosecution?

Walter files an unfounded criminal complaint against Ted with the county prosecutor.

The foreseeable plaintiffs theory asks which of the following?

Was it reasonably foreseeable that the person hurt would be injured as a result of the tortfeasor's actions?

The reasonable person standard asks which of the following?

Whether a reasonable person in the same or similar circumstances would have acted as the tortfeasor did

A certificate of merit

is issued by a medical physician

In actions involving negligence per se, negligence

is presumed because of the tortfeasor's violation of a statute

Fraud is best defined as the tortfeasor

knowingly making false statements, or purposefully behaving, so as to deceive the victim.

Proximate cause is sometimes called

legal cause

Property that can be seen and touched, other than land, is often called

personal property; chattel

When the burden of proof shifts to the defendant, it is called the burden of

persuasion or rejoinder

Statute of Limitations - negligence

pg. 125: Many statutes specify that various negligence lawsuits must be filed within 2 years of the negligent act. -vary in number of years based on negligent act -varies by state and jurisdiction -should the SOL pass, there is no remedy

In vicarious liability, the __________ is liable for the torts of the ___________. a.

principal; agent