Intro to Paralegal Studies Chapter 14 Tort Law

Which of the following notions could provide the basis for a tort?

A wrong and compensation

Sarah yells, "I'm going to punch you!" at Laura and then punches Laura. Sarah is guilty of which of the following?

Assault and battery

_____ is actual contact with another individual that is harmful or offensive to that individual

Battery

____ is causation brought about by an act or omission without which an event would not have occurred

Causation in fact

Which of the following is an administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal?

Cease-and-desist order

If Prince Charming kisses Sleeping Beauty while she sleeps, knowing that she is repulsed by and does not want to be kissed by him, Prince Charming has committed which of the following?

Civil battery

A jury returns the following verdict: The plaintiff receives $100,000 in damages reduced to $80,000 due to the plaintiff's conduct. The reduction in the jury's verdict is due to which of the following?

Comparative negligence

____ is a complete defense and bars recovery for negligence in states applying this principle.

Contributory negligence

Some torts, such as trespass, originated in

English common law.

Various agencies, both federal and state, are empowered to protect consumers from deceptive advertising. At the federal level, the most important agency regulating advertising is the

FTC.

Megan voluntarily receives aid from Mary Elise after slipping on ice outside a department store. Megan later tries to sue Mary Elise, claiming that Mary Elise injured Megan's shoulder when she helped her up from the ice. Mary Elise is probably protected by which of the following?

Good Samaritan statutes

Elements of false imprisonment include which of the following?

Intent to confine or restrain a person and actual confinement in boundaries not of the plaintiff's choosing

____ is intentional, extreme, and outrageous conduct resulting in severe emotional distress to another.

Intentional infliction of emotional distress

Elements of the tort of trespass to personal property is which of the following?

Lawful possession of the property by the plaintiff and unauthorized entry onto the property by the defendant

Which of the following is not an example of an activity for which strict liability would be imposed?

Medical malpractice

Use by one person of another person's name, likeness, or other identifying characteristic, without permission and for the benefit of the use, is which of the following torts?

Misappropriation

Mary is caught shoplifting in John's Flower Shop. John detains Mary against her will for questioning, and Mary subsequently sues him for false imprisonment. John can use which of the following defenses?

Probable cause

____ is the legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods.

Product liability

____ exists when the connection between an act and an injury is strong enough to justify imposing liability.

Proximate cause or legal cause

________ property is land and things permanently attached to the land

Real

The duty of care in tort law is measured under which of the following standards?

Reasonable person

____ occurs when a false statement is communicated to a third party orally; ____occurs when the falsity is conveyed in writing or another published form.

Slander; libel

____ liability is liability regardless of fault. It may be imposed on a merchant who introduces into commerce a good that is so defective as to be unreasonably dangerous

Strict

For a shop owner's defense of probable cause against a false imprisonment suit from a suspected shoplifter to be successful, which of the following must be true?

The duration of the detention must have been reasonable

James throws a rock at Peter's house. James is guilty of which of the following?

Trespass to land

_____ is the entry onto, above, or below the surface of land owned by another without the owner's permission

Trespass to land

____ is the unlawful taking or harming of another's personal property, or the interference with another's right to the exclusive possession of his or her personal property.

Trespass to personal property

The word "tort" is French for which of the following?

Wrong

Jill unreasonably interferes with Martha's business and gains a larger share of the market. Jill is guilty of which of the following torts?

Wrongful interference with a business relationship

Examples of intentional torts which of the following?

a. Assault and battery b. False imprisonment c. Defamation d. Appropriation *e. All of these choices are correct

Which of the following is an affirmative defense to a negligence claim?

a. Assumption of risk b. Superseding cause c. Contributory or comparative negligence *d. All of these choices are correct.

Which of the following is a tort against property?

a. Trespass to land b. Trespass to personal property c. Conversion *d. All of these choices are correct

Which of the following constitutes an invasion of privacy?

a. Using a person's name in an advertisement without permission b. Eavesdropping by wiretap c. Public disclosure of private financial affairs *d. All of these choices are correct

Behavior that is capable of serving as grounds for a lawsuit is called

actionable.

The level of intent required for is that the actor intended the consequences of the act or knew or should have known that certain consequences would result from the act.

an intentional tort

An intentional act that causes another to reasonably fear or be apprehensive of immediate physical harm is a(n)

assault

If the defendant can show that the plaintiff voluntarily entered into a risky situation while fully aware of the risk involved, the defense of ____ can be raised

assumption of risk

The torts of wrongful interference with a contractual relationship and wrongful interference with a business relationship are called torts

business

A retailer or other business owner owes a duty to exercise reasonable care to protect persons who are invited onto the premises for business purposes and who are called

business invitees

Actionable behavior is

capable of serving as a basis for a lawsuit.

Damages awarded to make the plaintiff "whole" are called _____ damages

compensatory

Torts committed in cyberspace are called ____ torts.

cyber

Advertising that misleads consumers, either by unjustified claims concerning a product's performance or by failure to disclose relevant information concerning the product's composition or performance, is called

deceptive advertising

Under ________, a bar owner or bartender may be held liable for injuries caused by a person who became intoxicated while drinking at the bar or who was already intoxicated when served by the bartender

dram shop acts

The ______of a specific tort are the points that a plaintiff must prove to succeed in a tort claimed.

elements

The intentional confinement or restraint of a person without justification is called

false imprisonment

A seller must warn those who purchase its product of the harm that can result from the____ of the product. Sellers are not required to take precautions against every possible unusual use of their product.

foreseeable misuse

A(n) ________ leads another to believe in a condition that is different from the condition that actually exists

misrepresentation

If something is considered defamation per se it means that

no proof of injury or harm is required for the false statement to be actionable

Many states have a "50 percent" rule in their comparative negligence statutes. This means that the plaintiff recovers

nothing if he or she was more than 50 percent at fault

The reasonable-person standard is a(n) _______ standard

objective

Business behavior that is undertaken with the intention of unlawfully driving competitors out of the market is called ____behavior

predatory

Communicating defamatory statements to persons other than the defamed party is called

publication.

Damages awarded in a civil lawsuit to punish the wrongdoer and deter future similar conduct are called

punitive damages

An unforeseeable intervening event that may break the connection between the wrongful act and injury to another is called

superseding cause

A person who commits a tort is called a

tort feasor.

A(n) ____ product is a product that is defective to the point of threatening a consumer'shealth and safety. It is dangerous beyond the expectation of the ordinary consumer, orit was economically feasible for the manufacturer to make a less dangerous alter native but the manufacturer failed to do so.

unreasonably dangerous

Conversion is the act of

wrongfully taking personal property from its rightful owner or buying stolen goods

Product liability cases make up almost _____ of personal injury cases in the United States

7 percent

If a statement is made with either knowledge of falsity or a reckless disregard of the truth, then it is said to be made with which of the following?

Actual malice

The U.S. Supreme Court has held that a fundamental right to privacy is implied by which of the following?

Amendments to the U.S. Constitution

Tort law is concerned with which of the following?

Compensating those who have suffered injuries as a result of the wrongful conduct of others

Which of the following refers to false statements published or publicly spoken that cause injury to another's good name, reputation, or character?

Defamation

The classification of a tort depends on which of the following?

How the tort occurs and the surrounding circumstances

Which of the following constitutes breaching a duty to refrain from making false, defamatory statements in writing about another?

Libel

Morgan sees Sydney steal something from her shop. Which of the following is true in this scenario?

Morgan can detain Sydney under the privilege to detain

________ property consists of moveable items

Personal

Elements of wrongful interference with a business relationship include which of the following?

The defendant knew or had reason to know that a third party and the plaintiff were in a business relationship, and the defendant intentionally interfered in the relationship

Which of the following qualifies as an invasion of privacy?

The use of a person's name, picture, or other likeness for commercial purposes without permission, and publication of information that places a person in a false light

Which of the following is a defense to assault and battery?

a. Consent b. Self-defense c. Defense of property *d. All of these choices are correct

The elements of fraud include which of the following?

a. Damages suffered as a result of the reliance b. Causal connection between the misrepresentation and the injury suffered c. Justifiable reliance by the deceived party *d. All of these choices are correct.

Means of confinement considered to be false imprisonment include which of the following?

a. Physical barriers b. Physical restraint c. Threats of physical force *d. All of these choices are correct

Consumer law is made up of which of the following?

a. Statutes b. Agency rules c. Common law judicial decisions *d. All of these choices are correct

The elements of negligence are

duty, breach, cause, and injury

An action or failure to act in violation of a statutory requirement, which causes harm to another, is called

negligence per se.

Tort suits involve ____wrongs

private

A store can defend against detaining a suspected shoplifter by arguing

probable cause.

Criminal actions involve ____wrongs

public

Appropriation is

the use by one person of another person's name, likeness, or other identifying characteristic, without permission and for the benefit of the user

Per se means which of the following?

"In or of itself"

____ is a legally acceptable reason, raised by the defendant in a lawsuit, as to why the court should not grant the plaintiff the remedy that the plaintiff is seeking

A defense

Negligence is which of the following?

A failure to exercise reasonable care