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Matt intends to throw a rock at Jamal and hit Jamal in the head. Jamal is standing directly next to Sally. Matt hits Sally in the head instead of Jamal. What type of tort did Matt commit against Sally?
An intentional tort because Matt intended to throw the rock and physical injury resulted
When a[n] privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.
absolute
A(n) ________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.
assault
Penny points a gun at Jose and threatens to shoot him. Jose is very brave and not frightened. The police arrive and Penny is arrested without shooting Jose. What tort did Penny commit?
assault only
Kyle plans to punch Patrick. He calls Patrick and tells him he will punch him tomorrow at 4:00 PM. At 2:00 PM the next day, Kyle sneaks up behind Patrick. Patrick does not see Kyle coming, but Kyle punches him in the back of the head. What torts did Kyle commit?
battery only
An assault victim sues the person who assaulted her. The court awards her $10,000 to pay for her actual medical expenses, to compensate her for time missed from work, and to compensate her for her pain. The $10,000 is an example of what type of damages?
compensatory
The primary type of damages in tort law is referred to as .
compensatory damages
Which of the following is not a typical type of compensatory damage?
damages to punish the defendant for wrongdoing
What type of torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes?
strict liability
Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made ________.
with actual malice
Which of the following are common classifications of torts?
Intentional, negligent, and strict liability
Which of these is a tort?
a wrong or injury to another, other than breach of tort
What type of torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm?
negligent
Which of the following may a person accused of defamation raise as a defense?
truth and privilege
What of the following is true of a negligence tort?
A defendant commits a negligence tort when he is careless to someone else's detriment.
Which of the following is true regarding the apprehension necessary for the tort of assault?
A person may be in apprehension of physical harm, even if the person is too courageous to actually be afraid of that physical harm.
Zach gets angry because Austin earned a better grade on a test than he did. They get into an argument, and Zach takes a swing at Austin, intending to hit him. Austin shoves Zach in order to avoid the blow. Which of the following is true regarding Austin's actions?
Austin has committed a battery.
Carlos, who has a large trust fund, is angry with Isabel because she stopped dating him. Isabel ran a successful dog grooming shop, but Carlos decided to open a dog grooming shop next door and charge less than it would take to make a profit, solely to run her out of business. Which of the following is correct?
Carlos has committed the tort of unfair competition.
which of the following would constitute the privacy tort of false light?
Defaming a public figure.
hich of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed?
Intentional infliction of emotional distress.
Brandon installs two-way mirrors in the dressing room of his ladies' clothing store. He secretly uses the mirrors to watch women while they try on clothing. Which of the following torts has Brandon committed?
Intrusion on an individual's affairs or seclusion.
Which statement is true of the term "tort"?
It is a French word meaning "wrong."
Which of the following is true regarding awards of punitive damages in the U.S.?
It is not always easy to predict what a court will do regarding punitive damages in any given case.
Jacob calls Nick on the telephone and threatens to come over and break his nose. Which of the following is true?
Jacob's conduct does not constitute an assault because there is no risk of immediate bodily harm.
Ashley is unhappy with her neighbor, Josh, because Josh is pressing charges against her for repeatedly trespassing on his property. She tells him that unless he drops the charges, she will bring an action against him for nuisance because he plays his stereo late at night at times. While the stereo does not bother Ashley because she is up late anyway, she thinks that will encourage Josh to drop the trespassing charges. Josh, however, continues to press charges, and Ashley proceeds to sue Josh for nuisance. Which of the following is true?
Josh can sue Ashley for abuse of process and win regardless of whether or not she wins the nuisance action.
Which of the following torts seek to compensate people wrongfully subjected to litigation?
Malicious prosecution, wrongful civil proceedings, and abuse of process.
If someone is overly fearful, is that person assaulted every time he experiences apprehension?
No, because assault requires reasonable apprehension.
does a conditional privilege apply when a defamatory statement is made on the Internet?
No, because no such privilege has been established under the law.
Peter brings in a baseball bat to hit Mary because he is mad at her. When he arrives, Mary is sleeping. He lines up the baseball bat with her head and whispers that he is about to take a swing. She does not wake up, and before he hits her, he changes his mind and quietly leaves before Mary realizes he has arrived. Mary later finds out and sues for assault. Is she successful?
No, because she was sleeping and thus not in fear of apprehension of an immediate offensive bodily contact.
A reporter receives information from several highly credible sources that a famous actress is pregnant and that the father of the baby is not her husband. The story is later proved untrue. The actress sues for defamation. Is she likely to be successful?
No, because the reporter did not act with actual malice.
Which of the following is not an example of compensatory damages?
Payment for attorney fees the plaintiff incurred filing a lawsuit to get compensation for injuries resulting from an intentional tort.
Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation?
Politicians and entertainers, but not small business owners, are generally considered to be public figures.
Samantha creates folders featuring an unflattering photograph of the president of the college she attends, and sells them outside of class for extra money. She did not obtain permission to use the photograph. Which of the following is true?
Samantha has appropriated the photograph for commercial gain, which constitutes an invasion of privacy.
Peter brings in a baseball bat to hit Mary because he is mad at her. When he arrives, Mary is sleeping. He lines up the baseball bat with her head and whispers that he is about to take a swing. She wakes up, sees the bat, and screams at him. He does not hit her, but he drops the bat and it falls on her arm and injures her. Mary sues for assault and battery. Is she successful?
She is successful at suing for both assault and battery.
A false statement of a material fact regarding ownership of business property that results in a loss of sales for the business is referred to as ________.
Slander of title
Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom?
That the statements were true, that the statements were made in Parliament, or that the statements were made in court.
Which of the following was the result in Thomas P. Lamb v. Tony Rizzo, the case in the text in which the defending newspaper reporter claimed that he could not be held liable to the plaintiff for making alleged defamatory statements because the plaintiff's reputation as a kidnapper and murderer serving three life sentences was so bad that his reputation could not be further harmed?
The court dismissed the lawsuit, recognizing that the facts fit within the jurisdiction's description of when the libel-proof doctrine might apply based upon the plaintiff's already bad reputation.
Which of the following involves making false statement about a business product or service that results in a loss of sales?
The plaintiff in a disparagement case must prove that the defendant published a false statement of a material fact about the plaintiff's product or service that resulted in a loss of sales.
A very wealthy defendant intentionally assaults his butler. The butler sues and the wealthy defendant is found to have committed a tort. The court decides to award punitive damages. In determining the amount of punitive damages, what are some factors that will be taken into account?
The severity of the wrongful conduct and the wealth of the defendant.
what is the common element of all intentional torts?
They all share the common element of intent to engage in a specific act which results in harm.
Which of the following would constitute false imprisonment?
Threatening to use immediate physical force to detain someone; refusing to release property; or physical restraint, such as tying someone to a chair; but not moral pressure.
Why does public figure privilege exist?
To encourage free discussion about public figures.
Which statement is true regarding tort litigation?
Tort litigation has been declining gradually since 1990.
under which of the following situations does the tort of trespass to realty occur?u
When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; stays on the land of another when the owner tells him to depart; or refuses to remove something he placed on the property that the owner of the property asked him remove.
Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?
When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time.
A reporter does not like a candidate for president and he publishes a made up story about the candidate having an affair. Did the reporter commit a tort?
Yes, because the reporter acted with actual malice.
Accidental torts are one of the three classifications of torts in the United States
false
Apprehension and fear are considered as the same thing, when it comes to assault.
false
Compensatory damages are trivial damages intended to recognize that a defendant committed a tort against the plaintiff.
false
If a court awards $1 million to compensate an injured plaintiff for medical bills, loss of wages, and pain and suffering, this is an example of compensatory damages.
false
Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.
false
a strict liability tort occurs when a defendant acts with the intention of engaging in a specific act that ultimately results in injury
false
defense of property cannot be a defense to a claim of battery
false
Kelly is mad at Pier and locks Pier in a closet for two hours without justification. This is an example of ________.
false imprisonment
Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?
false imprisonment
what type of torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result?
intentional
Which type of tort is the most willful of torts?
intentional torts
A plaintiff sues a defendant for throwing a rock at her. The plaintiff was not harmed in any way, but the court finds that a tort was committed and awards the plaintiff $1 in damages. This $1 in damages is an example of what type of damages?
nominal
________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.
nominal
A defendant is found liable for causing cancer for dumping toxins into the river. The court awards a plaintiff who was sick $5 million in damages, in addition to compensating the plaintiff for all medical costs, lost wages, pain and suffering, and actual losses. The $5 million award is intended to ensure the company never dumps toxins again. The $5 million is an example of what type of damages?
punitive
Damages awarded to punish the defendant and to deter others from similar conduct are called ________ damages.
punitive
What did the court rule in regard to the plaintiff's claim of intentional infliction of emotional distress in Olson v. CenturyLink, the case in the text in which the plaintiff alleged that representatives of the defendant, a provider of telephone services, wrongly failed to process his application, disconnected his telephone service, and hung up on him during telephone conversations?
that the conduct complained of by the plaintiff failed to meet the level of conduct required for a finding of the intentional infliction of emotional distress.
What law gives immunity to providers of interactive computer services for liability they might otherwise incur because of material disseminated by them but created by others?
the Communications Decency Act of 1996.
Which statement is true regarding the intent required for an intentional tort?
the intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical or economic injury to another.
Which of the following is a purpose of tort law?
to compensate innocent persons who are injured
what are the three categories of intentional torts?
torts against persons, torts against property, and torts against economic interest.
Defamation can be a civil or criminal action in China.
true
In a defamation action, privilege is an affirmative defense.
true
The use of moral pressure is insufficient to establish false imprisonment.
true
if a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.
true
proving that consent occurred is a defense to battery
true
reinforcing a vision of a just society is one of the purposes of tort law
true
tort law is primarily state law
true
when only a prospective contract exists, simply offering a better deal is not enough to create liability for intentional interference with contract.
true
