CJL 3044

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

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

Abuse of process is the initiation of a criminal prosecution or a civil lawsuit against another party with malice and without probable cause

False

Causing emotional distress by an act of unreasonable conduct constitutes the tort of intentional infliction of emotional distress

False

For the tort of misrepresentation to be committed there must be a true statement made by the defendant that the plaintiff relies on to his detriment T or F

False

For the tort of misrepresentation to be committed, there must be a true statement made by the defendant that the plaintiff relies on to his detriment.

False

For the tort of misrepresentation to be committed, there must be a true statement made by the defendant that the plaintiff relies on to his detriment. T or F

False

Sales puffery, which is the sales talk engaged in by salespersons often exaggerating the good qualities of the item offered for sale, is actionable misrepresentation.

False

Survival is the discontinuation (termination) of a cause of action after the death of the victim or tortfeasor

False

Tort Law is part of the criminal law system, not the civil law system T or F

False

Tortious Interference

Harm caused intentionally to a plaintiff's contractual or other business relationships.

Tortious interference

Harm caused intentionally to a plaintiff's contractual or other business relationships.

Conversion is a more serious interference with a plaintiff's right to use or possession of property than trespass to chattels.

True

Deadly force may be used in self defense if that amount of force is reasonable under the circumstances

True

For the privilege of discipline to apply to conduct used to control a child, the force or confinement used must be reasonable under the circumstances.

True

Private Nuisance

Unreasonable interface with another's interest in the private use and enjoyment of his land

Contributory Negligence

When the plaintiffs negligence contributed to the act in dispute

In a civil case the result that is sought is

a fine

What does the last clear chance doctrine do? a. It makes the plaintiff's contributory negligence no longer a bar to his recovery. b. It makes the plaintiff's comparative negligence no longer a bar to his recovery. c. It makes the plaintiff's assumption of the risk no longer a bar to his recovery. d. All the above. a. It makes the plaintiff's contributory negligence no longer a bar to his recovery.

a. It makes the plaintiff's contributory negligence no longer a bar to his recovery.

Loss of Consortium claims are typically brought by

spouses

Main source of tort law is

statutory law

The main source of tort law is

statutory law

Real Property

Land and everything permanently attached to it

A case brief is a mechanism for summarizing in written form a court case t or f

true

Primary sources of law establishment the law on an issue and include court decisions and statutes among other things T or F

true

Tortious death means

wrongful death

Battery is a purposeful act that causes an apprehension of a harmful or offensive contact True or False

True

proprietary functions

Activities performed in the government's discretion, for the benefit of its citizens, and that often cannot be performed adequately only by the government.

Comparative Damages

Acts as a limit or bar to recovery when a plantiffs own negligence contributes to the injury caused by the defendents negligence and recovery is based on relative degrees if fault of the plantiff and the defendent

Driving drunk and speeding, Norm, an off duty police officer, veers over the center line and crashes into Joshua's car. Joshua is killed. Which of the following statements is true? a. This is a case involving survival of a cause of action. b. This is a case of wrongful death. c. This is a case of wrongful life. d. Norm's actions were privileged because he is a police officer.

B. This is a case of wrongful death

Trespass to Chattels

Intentional act causing interference/intermeddling with plaintiff's personal property causing damages to plaintiff.

Trespass to land

Intentional and unlawful entry onto or interference with the land of another, without permission.

Trespass to Chattels

Intentional dispossession or intermeddling by the defendant with the plaintiff's right to use or possession of personal property.

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 injured. Who is the tortfeasor?

Molly

Last Clear Chance Doctrine

Offsets the effects of contributory negligence when the defendent has the last opportunity to avoid the incident and does not

In a fit of anger Rachel threw her tort law textbook at Frank. Rachel has bad aim and missed Frank, who ducked out of the way of he large hurtling book. Flying past frank the book hit kevin in the back of the head because Kevin was looking the other way and never saw it coming. Which of the following is a true statement?

Rachel committed the tort of assault against Kevin.

the prima facie tort doctrine

Recognized in a few states to cover certain wrongful conduct that is intentional but doe snot fit the essential elememts of the other recognized intentional torts

the prima facie tort doctrine

Recognized in a few states to cover certain wrongful conduct that is intentional but does not fit the essential elements of the other recognized intentional torts

tender years doctrine

The legal doctrine that offers special protections to very young children

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

The seriousness of the interference

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.

True

The reasonable person standard is mainly an objective not a subjective standard

True

Trespass to chattels is an intention tort against the person

True

Trespass to chattels is an intentional tort against a person

True

a defense is a legal reason why a claim should be denied or reduced

True

loss of consortium is a derivative claim dervived from a tort injury suffered by another family member

True

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

abuse of process

For the tort of false imprisonment a sufficient method of confinement is

all of the above

Personal Property

all property that is not real property

Which of the following is not a heart balm action

annulment

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

assault

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

assault

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? a. intentional infliction of emotional distress b. negligence c. battery d. assault

battery

Georgia has a statute of limitations governing actions for conversion. Which of the following statements is true? a. The statute of limitations sets forth who can sue for conversion. b. The statute of limitations sets forth who can be sued for conversion. c. The statute of limitations sets a time limit during which a person may sue for conversion, and the claim is barred if it is brought later. d. The statute of limitations limits the amount of damages that can be recovered in an action for conversion

c. The statute of limitations sets a time limit during which a person may sue for conversion, and the claim is barred if it is brought later.

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

Douglas steals Catherine's bicycle, takes it to a bicycle shop and sells it to the shop for $50. Douglas has committed the tort of

conversion

Trespass to land requires the intent to a. possess or to intermeddle b. exercise dominion or control c. harm the property d. intrude on the property of another

d. Intrude on the property of another

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? a. John committed the tort of battery against Jack. b. Jack committed the tort of battery against John. c. John's actions were privileged self-defense. d. Jack's actions were privilege self-defense.

d. 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? a. Justine committed the tort of battery against the man. b. Justine committed the tort of assault against the man. c. Justine's actions were privileged self-defense. d. Justine's actions were privileged defense of property.

d. Justines actions were privilged defense of property

Judge Hames an appellate judge reviewing a tort case disagrees with the majority of the courts opinion Judge James should write a

dissenting opinion

Judge James, an appellate judge reviewing a tort case disagrees with the majority of the courts opinion. Judge James should write a

dissenting opinion

Deadly force may not be used in

in defense of property

Conversion

intentional exercise of dominion or control over another's personal property

What is at issue in a civil, as opposed to a criminal case

liability

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? a. trespass to land b. nuisance c. conversion d. trespass to chattels

nuisance

The normal burden of proof in a civil case is

preponderance of the evidence

Misrepresentation or fraud

the intentional making of a material, false statement, or the failure to disclose when a duty to disclose exists, which causes the plantiff a pecuniary loss