SB torts
affirmative
A(n) ______ defense occurs when the defendant admits to an accusation but argues that there is a reason he or she should not be held liable.
assault
A(n) ______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.
negligent
A(n) ______ tort occurs when a defendant is careless to someone else's detriment.
pure comparative negligence
According to the ______ defense, the court determines the percentage of fault of a defendant, and the defendant is then liable for that percentage of the plaintiff's damages.
intentional
Assault is an example of a(n) ______ tort.
plaintiff
The ________ has the burden to prove all four elements of a negligence case.
trespasser
The ________ is responsible for damages to personal property when it is trespassed on..
public figures
The law does not hold people liable for making false statements about ______ as long as the statements were not made with malice.
three
There are ______ types of damages in tort cases.
The defendant has already been convicted of a crime arising out of the same facts and circumstances applicable to a civil case.
To establish res ipsa loquitur in most states, a plaintiff must demonstrate all but which of the following?
The plaintiff's injury arose out of the course and scope of his employment with the defendant.
To establish res ipsa loquitur in most states, a plaintiff must demonstrate all but which of the following?
intentional
Torts against persons are ______ acts that harm an individual's physical or mental integrity.
personalty
Trespass to personal property is also called trespass to ______.
Real property
Trespass to realty is also called trespass to ______.
Foreseeability
In most states, proximate cause is determined by ______.
$30,000
Suppose that a negligence case is tried in a pure comparative negligence jurisdiction and the jury determines that the defendant was 30 percent responsible for the plaintiff's harm and that the plaintiff was 70 percent responsible for her own harm. The plaintiff's damages are $100,000. How much money, if any, will the plaintiff recover from the defendant?
Malpractice
Professional negligence cases are often referred to as ______ cases.
legal
Proximate cause is also referred to as ______ cause.
exemplary
Punitive damages are also known as ______ damages.
"the thing speaks for itself"
Res ipsa loquitur literally means ______.
fault
Strict liability is liability without ______.
nothing
Suppose a negligence case is tried in a modified negligence jurisdiction and the jury determines that the defendant was 40 percent responsible for the plaintiff's harm and that the plaintiff was 60 percent responsible for her own harm. The plaintiff's damages are $100,000. What amount of money, if any, will the plaintiff recover from the defendant?
Privilege
______ is an affirmative defense to a defamation action.
gross
______ negligence is an action committed with extreme reckless disregard for the property or life of another person.
Slander of title
______ occurs when false published statements are related to the ownership of business property.
Fraudulent misrepresentation
______ occurs when one uses intentional deceit to facilitate personal gain.
Intentional interference with contract
______ occurs when someone intentionally takes an action that causes a person to breach a contract she or he has with another.
Slander per se
______ statements are considered so inherently harmful that general damages are presumed.
Good Samaritan
______ statutes attempt to encourage selfless and courageous behavior by removing the threat of liability.
Intentional
______ torts occur when a defendant takes an action intending that certain consequences will result or knowing certain consequences are likely to result.
Exemplary
______, or punitive, damages are imposed in a negligence case to punish the offender and deter others from committing similar offenses.
Strict
______-liability torts occur when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.
trespasser
A guest that is asked to leave and refuses is considered a(n) ___________.
superseding
A(n) ______ cause is an unforeseeable event that interrupts the causal chain between a defendant's breach of duty and the damages the plaintiff suffered.
communicating a false statement about someone to a third party
In the context of defamation, what does "intentional publication" mean?
reasonable person
In most negligence cases, courts use the ______ standard.
wrong
Tort is a French word meaning ______.
persons
Torts against ______ are intentional acts that harm an individual's physical or mental integrity.
intentional, negligent, or strict-liability
Torts are most commonly classified as ______ torts.
Assault does not require actual bodily contact.
Which of the following is a true statement regarding assault?
Assumption of the risk is a defense to a negligence claim.
Which of the following is a true statement regarding the use of assumption of the risk as a defense available to defendants?
battery
Which of the following is not an intentional tort against property?
defamation
Which of the following is not an intentional tort against property?
Trade libel
______ is a business tort that includes criticism of the quality, honesty, or reputation of a business or product in printed form.
Disparagement
______ is a business tort that occurs when a statement is intentionally used to defame a business product or service.
Slander of quality
______ is a business tort that occurs when false spoken statements criticize a business product or service and result in a loss of sales.
Assumption of the risk
______ is a defense available to defendants where a defendant must prove the plaintiff voluntarily undertook the risk the defendant caused.
Defamation
______ is the intentional publication of a false statement harmful to an individual's reputation.
Conversion
______ occurs when a person permanently removes personal property from the owner's possession and control.
violated
Once a plaintiff has established that the defendant owes her a duty of care, she must prove that the defendant's conduct ______ that duty. This violation is called a breach of duty.
False Light
invading a person's privacy by implying something untrue about him or her
both the defendant and the plaintiff were negligent
Contributory negligence as a defense applies in cases in which ______.
punitive
Courts usually award ______ damages in cases in which the offender has committed gross negligence.
veggie
Critics refer to the tort of food disparagement as ______ libel.
to deter others from engaging in an activity similar to the defendant's
Identify a purpose of awarding punitive damages in a tort case.
duty, breach of duty, causation, and damages
Identify the elements that a plaintiff must prove to win a negligence case.
False Light, intrusion on an individuals affairs or seclusion, public disclosure of private facts, appropriation for commercial gain
Identify the torts that are collectively called invasion of privacy torts. (Check all that apply.)
absolute
When a(n) ______ privilege exists, one cannot be sued for defamation for any false statements made.
recover damages for the full value of the converted item plus any additional damages that resulted from the loss
When conversion occurs, the true owner can ______.
How likely was it that a crime would be committed?
When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?
Would another individual have intended to cause the harm?
When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?
when a defendant has violated a statute designed to protect the class of individuals to which the plaintiff belongs from a certain type of harm
When does negligence per se apply?
unfair competition
When someone enters into a business with the sole intent of driving another firm out of business, the law punishes this act as ______.
in a courtroom
Where can an absolute privilege arise?
private
A _____ nuisance occurs when a person uses his or her property in an unreasonable manner that harms a neighbor's use or enjoyment of his or her property.
tort
A ______ is commonly defined as a wrong or injury to another, other than breach of contract.
breach of
A defendant's violation of a duty of care owed to the plaintiff is known as a(n) ______ that duty.
personalty
A person commits trespass to ______ by temporarily exerting control over another's personal property or interfering with the true owner's right to use the property.
res ipsa loquitur
A plaintiff uses the doctrine of ______ to allow the judge or jury to infer that, more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care.
appropriation for commercial gain
A privacy tort that occurs when someone uses a person's name, likeness, voice, identity, or other identifying characteristics for commercial gain without that person's permission.
actual malice
A statement is made with ______ if it is made with either knowledge of its falsity or reckless disregard for its truth.
torts against social responsibility
Categories of intentional torts include all but which of the following?
Compensatory Damages
Damages are based on damage or home to property lost wages or profit pain and suffering medical expenses and other actual damages
slander
Defamation that is made orally is called ___________.
intentional infliction of emotional distress
If a person calls his former employer and falsely states that the employer's son was just arrested for a double homicide after a botched robbery attempt, the person has likely committed the tort of ______.
slander
If defamation is made orally, it is ______.
libel
If defamation is published in a permanent form, it is known as ______.
modified
In a ______ comparative negligence jurisdiction, courts calculate damages in the same manner as a pure comparative negligence jurisdiction, except that the defendant in a case must be more than 50 percent at fault before the plaintiff can recover.
The plaintiff's conduct fell below a reasonable standard of care and contributed to his or her injury.
In asserting the contributory negligence defense, the defendant must prove which of the following?
outrage
Intentional infliction of emotional distress is sometimes called the tort of ______.
harm
Intentional torts must have an intent to _______ an individual.
Intrusion on Individual's Affairs
It occurs when someone invades a persons solitude, seclusion or personal affairs when the person has the right to expect privacy
tortfeasor
Jackie negligently causes serious physical and economic harm to Roberto in a car crash. In the negligence action, Jackie would be referred to as the ______.
in a magazine or a newspaper
Libel can occur ______.
negligence per se literally means
Negligence in or of its self
unreasonable
Negligence is behavior that creates a(n) ______ risk of harm to others.
"negligence in or of itself"
Negligence per se literally means ______.
last-clear-chance
The ______ doctrine allows a plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff.
conditional
Under ______ privilege, a party will not be held liable for defamation unless the false statement was made with actual malice.
invitees
Under the traditional common law, to which of the following categories of individuals does a business property owner owe the highest obligation?
nuisance
Using one's property in a manner that causes a neighbor to be subjected to flooding, vibrations, excessive noise, or smoke could lead to a(n) ______ claim.
A man is part of the "wealthy 1%" and has no concern for the poor.
Which of the following claims cannot be considered slander per se?
to provide compensation for injured parties
Which of the following is a primary objective of tort law?
to punish the defendant
Which of the following is a purpose of awarding punitive damages in a case?
torts against economic interests
Which of the following is a recognized category of intentional torts?
It interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered.
Which of the following is an accurate statement regarding a superseding cause in a negligence suit?
Negligence involves the failure to exercise reasonable care to protect another's person or property.
Which of the following is an accurate statement regarding negligence?
Nominal damages signify that a plaintiff has been wronged by a defendant even though the plaintiff suffered no compensable harm.
Which of the following is an accurate statement regarding nominal damages in tort cases?
Slander of quality is spoken, while trade libel is in printed form.
Which of the following is an accurate statement regarding the tort of slander of quality?
Express assumption of the risk is usually evidenced by a written contract.
Which of the following is an accurate statement regarding the use of express assumption of the risk as a defense by defendants?
Implied assumption of the risk means that a plaintiff implicitly assumed a known risk.
Which of the following is an accurate statement regarding the use of implied assumption of the risk as a defense by defendants?
It imposes strict negligence liability on a passerby who assists a person in need even though the assistance was given gratuitously.
Which of the following is an inaccurate statement regarding a Good Samaritan statute?
Assault and battery are always synonymous.
Which of the following is an inaccurate statement regarding battery?
Professional negligence cases are often referred to as tort immunity cases.
Which of the following is an inaccurate statement regarding professional negligence?
Slander of title is a negligence-based tort.
Which of the following is an inaccurate statement regarding slander of title?
Trade libel and slander of quality are synonymous.
Which of the following is an inaccurate statement regarding trade libel?
assault
Which of the following is not a defense in an action for battery?
consumption of the harm
Which of the following is not a defense that relieves the defendant from liability even when the plaintiff has proved all four elements of negligence in a negligence case?
to punish wrongdoers
Which of the following is not a primary objective of tort law?
negligent (by the defendant)
Which of the following is not a required element of battery?
a negligent or intent-based act on the part of a defendant
Which of the following is not a requirement for proving a strict liability case?
felony
Which of the following is not a tort classification?
Disparagement and unfair competition can be used interchangeably.
Which of the following is not an accurate statement regarding disparagement?
Food disparagement is an unintentional tort.
Which of the following is not an accurate statement regarding the tort of food disparagement?
intent
Which of the following is not an element that a plaintiff must prove to win a negligence case?
intentionally causing a victim to experience severe emotional distress
Which of the following is not an example of trespass to realty?
self-defense
Which of the following is the most common defense to battery?
to inspect the premises to ensure that they are reasonably safe and to warn of hidden dangers
Which of the following is the obligation a business property owner owes an invitee?
The defendant had a final clear opportunity to avoid the action that injured the plaintiff.
Which of the following must be established for a plaintiff to prevail under the last-clear-chance doctrine?
A party who made a misrepresentation was a merchant typically involved in buying and selling the types of goods involved in the subject transaction.
Which of the following need not be demonstrated to establish that a fraudulent misrepresentation exists?
The defendant was a third-party beneficiary of the contract between two parties.
Which of the following need not be proved by a plaintiff to bring a successful claim of intentional interference with contract?
a politician
Who among the following is an example of a public figure?
Implied
______ assumption of the risk means that a plaintiff implicitly assumed a known risk.
Express
______ assumption of the risk occurs when a plaintiff expressly agrees to assume the risk posed by the defendant's behavior.
Actual
______ cause is the determination that a defendant's breach of duty resulted directly in the plaintiff's injury.
Nominal
______ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which no compensable damages were suffered by the plaintiff.
Compensatory
______ damages are based on damage or harm to property, lost wages or profits, pain and suffering, medical expenses, and other actual damages.
Compensatory
______ damages are designed to reimburse a plaintiff for his or her losses.
strict-liability
If a defendant commits a(n) ______ tort, he or she is liable for the plaintiff's damages without any requirement for the plaintiff to prove that the defendant was negligent.
Slander and libel are synonymous.
Which of the following is an incorrect statement regarding slander?
fact
Actual cause is also known as cause in ______.
unfair competition
Crystal Castle is the only jewelry store in a town. Amber Diamond, a new jewelry store, comes into the town and opens a store not with the intent to make a profit but to drive Crystal Castle out of business so that its associate, Opal Ruby, can start a legitimate jewelry store once the competition has been eliminated. Amber's actions constitute ______.
keep certain things out of public view even if they are true
Four distinct torts, collectively called invasion of privacy torts, protect an individual's right to _____.
reasonable person
In the context of a negligence case, the ______ standard is a measurement of the way members of society expect an individual to act in a given situation.
Public disclosure of private facts
occurs when someone publicizes a private fact about another that a reasonable person would find highly offensive