WALBMCCH6
On a hot day, you see a baby left in a car while the parents are not to be seen. The child is obviously hot, so you break the window on the car to let air in. The parents sue you for damaging their vehicle. Your defense will likely be: a. privilege b. defense of property c. consent d. self-defense e. all of the other choices may be defenses
a. privilege
The right to privacy is: a. protected by the tort of invasion of privacy, a fairly recent development in tort law b. strongly protected if one is an entertainer, politician, or other "public personality" c. recognized by courts, even when information about a person is taken from public files and published d. one created by state statute in most states e. all of the other choices
a. protected by the tort of invasion of privacy, a fairly recent development in tort law
An accounting firm was sued for negligently preparing a financial report for a company. It causes losses to occur. At trial, the firm was found to have been negligent in its work. This meant that the firm would likely be: a. responsible for losses suffered by its client that could be linked to reliance on the work b. responsible for losses suffered by its client that could be linked to reliance on that work and to the firm whose books were audited since that firm's reputation was damaged c. responsible for losses not to exceed $1 million, the statutory limit on accountant liability in that state d. not responsible for damages despite negligence, since reliance could not be shown e. not responsible for damages despite negligence because of a lack of proximate cause
a. responsible for losses suffered by its client that could be linked to reliance on the work
Assumption of risk is an affirmative defense, which means it must be: a. specifically raised by the defendant b. supported by at least two witnesses c. specifically raised by the plaintiff d. specifically raised before the case is brought to court e. none of the other choices
a. specifically raised by the defendant
One concept behind the tort of invasion of privacy is to: a. encourage the public exposure of true private facts b. protect individual rights to solitude and freedom from unwarranted public exposure c. allow the government to tap telephone conversations d. place criminal sanctions on the use of a person's name without their permission e. protect the publication of "false light" stories
b. protect individual rights to solitude and freedom from unwarranted public exposure
Absolute privilege grants immunity in situations where: a. the defendant did not intend to cause harm b. public policy favors complete freedom of speech c. businesses stand to lose money d. all of the specific choices e. none of the other specific choices
b. public policy favors complete freedom of speech
Which of the following would be least likely to be an invasion of privacy: a. the use of a person's photograph without permission b. publication of information about a person taken from public records c. publication of information about a person that comes from private sources d. publication of information about a person that places them in a false light to others e. none of the other choices
b. publication of information about a person taken from public records
The law permits certain defensive actions to be taken without incurring tort liability. Courts would be unlikely to allow which defensive actions? a. shooting a man who is raping a woman at knife-point b. shooting someone who attempts to steal your new Lexus c. holding someone down who has hit your friend d. grabbing and holding someone who attempts to steal your new Lexus e. c and d
b. shooting someone who attempts to steal your new Lexus
To have a case in tort, the injury sustained by a person must be: a. unreasonably sustained b. the consequence of the wrongdoing of another c. criminal in nature d. based on a privity relationship e. none of the other choices
b. the consequence of the wrongdoing of another
False imprisonment is: a. the deprivation of a person's liberty under special circumstances b. the deprivation of a person's liberty without justification c. the deprivation of a person's liberty in his own home d. the deprivation of a person's liberty in a public place e. the deprivation of a person's mental liberty
b. the deprivation of a person's liberty without justification
The principal distinction between assault and battery is: a. the difference between the plaintiff knowing the defendant and not knowing the defendant b. the difference between the requirements of apprehension of an offensive physical contact and of actual physical contact c. the difference between the requirements of proximate cause and ultimate cause d. all of the other specific choices e. none of the other specific choices
b. the difference between the requirements of apprehension of an offensive physical contact and of actual physical contact
The sine qua non rule or but for rule is that: a. the injury would not have occurred if the victim had known the tortfeasor b. the injury would not have occurred but for the conduct of the tortfeasor c. the injury is the fault of the tortfeasor d. the injury occurred because of the tortfeasor's lack of knowledge e. none of the other choices
b. the injury would not have occurred but for the conduct of the tortfeasor
If alleged consequences are too far removed from the negligent conduct: a. there will be a limit imposed on the damage award b. the negligent conduct will not result in liability c. the negligent conduct will still result in liability d. the victim will be required to have at least two expert witnesses testify on his behalf e. none of the other choices
b. the negligent conduct will not result in liability
In most states doctrines allow one to match force for force. a. "proximate cause" b. "intervening action" c. "stand your ground" d. "no retreat" e. "every man for himself"
c. "stand your ground"
Assumption of risk is a(n): a. fail safe way to protect oneself from negligence liability b. valid defense against a negligence action c. insurance policy against being sued for negligence d. all of the specific choices e. none of the specific choices
c. insurance policy against being sued for negligence
Juries in tort cases often award large sums of money because: a. all tort cases involve serious injury so compensation is always large b. people on juries consistently dislike business c. juries place a high value on the enforcement of legal rights d. juries lack understanding of how much damages are worth e. none of the other choices
c. juries place a high value on the enforcement of legal rights
Entertainers, politicians and sports personalities differ from average individuals in that: a. they tend to receive bigger damage awards in invasion of privacy cases b. it is illegal to publish personal information about them without consent c. their right to privacy is largely waived once they become a public figure d. they must make all personal information public e. none of the other choices
c. their right to privacy is largely waived once they become a public figure
In Palsgraf v. Long Island Railroad Company, involving a woman injured by an accidentally dropped package of fireworks that exploded as it was run over by a train, the railroad should not have been held liable for negligence because: a. Palsgraf should not have been standing so close to the tracks b. railroad employees repeatedly warned Palsgraf that she was standing in a dangerous location c. there was nothing about the package that would suggest it was dangerous if dropped d. the railroad employees acted in an unreasonable manner e. none of the other choices
c. there was nothing about the package that would suggest it was dangerous if dropped
The doctrine of comparative negligence permits damages to be: a. increased by the magnitude of defendants' wrongdoing b. increased by the amount of plaintiffs' goodwill c. increased by the amount the judge thinks necessary d. decreased by the percentage of defendants' negligence e. decreased by the percentage of plaintiffs' injuries caused by plaintiff's negligence
e. decreased by the percentage of plaintiffs' injuries caused by plaintiff's negligence
Harassing telephone calls may be the basis for a tort case of: a. false imprisonment b. battery c. negligence d. harmful contact e. invasion of privacy
e. invasion of privacy
A conditional privilege eliminates liability for defamation when the statement: a. was legally found in public records b. was not true c. was true d. was published with the plaintiff's knowledge and consent e. none of the other choices
e. none of the other choices
A tort is: a. negligent injury that can result in fines or imprisonment for less than one year b. a criminal act c. a felony d. a breach of contract e. none of the other choices
e. none of the other choices
Assumption of risk is a _____defense. a. proactive b. positive c. conciliatory d. redundant e. none of the other choices
e. none of the other choices
Consent, privilege, self-defense and defense of others and of property are all: a. examples of proximate causes b. major defenses in negligence tort cases c. examples of substantial factors d. not permissible defenses in assault and battery cases e. none of the other choices
e. none of the other choices
Contact that does not cause actual physical harm, but offends a reasonable person's sense of dignity is most likely a tort of: a. negligence b. fraud c. malicious prosecution d. duress e. none of the other choices
e. none of the other choices
Defenses to intentional torts are: a. useless to defendants in negligence torts b. not available to defendants in negligence torts c. the only defenses available to defendants in negligence torts d. rarely available to defendants in negligence torts e. none of the other choices
e. none of the other choices
In an assault or battery tort case, consent: a. must be witnessed by at least one witness of legal age b. must be expressed with words c. must be expressed in writing d. must be expressed by all involved parties e. none of the other choices
e. none of the other choices
In case of a tort claim of emotional distress, the plaintiff could: a. win for having been insulted by bad language b. win only if some physical injury is proven to accompany the mental injury c. win only if "outward manifestations" of mental injury are apparent d. win for distress over injuries suffered by victims of war in other countries e. none of the other choices
e. none of the other choices
In most states ______doctrines allow one to match force for force. a. "proximate cause" b. "intervening action" c. "every man for himself" d. "no retreat" e. none of the other choices
e. none of the other choices
Intentional torts are based on: a. negligence b. carelessness c. obsequiousness d. assumption of care e. none of the other choices
e. none of the other choices
Intentional torts: a. are determined by state statute b. are based on careless actions of defendants c. are determined by international statute d. only concern actions that inflict harm on humans e. none of the other choices
e. none of the other choices
Most tort suits arise from: a. customer ignorance b. failure to plan for unexpected catastrophes c. natural disasters d. repeated failure to comply with industry regulations e. none of the other choices
e. none of the other choices
Proximate cause limits liability to harms: a. whether foreseeable or not b. resulting from remote occurrences "evolving naturally" from a central event c. that result from non-negligent conduct d. that arise from interaction with railroads e. none of the other choices
e. none of the other choices
Self-defense is a(n) ______based on the need to allow people who are attacked to take steps to protect themselves. a. proximate cause b. defense c. consent d. intervening action e. none of the other choices
e. none of the other choices
Suppose someone uses an Internet server, such as AOL, to send a message to others that is defamatory. The person injured by the defamation has a good case against: a. the sender and AOL b. neither party; defamation may only occur when the transmission is face-to-face c. the sender but not AOL under any circumstances d. neither party; defamation actions from Internet transmissions are shielded by federal law e. none of the other choices
e. none of the other choices
The concept behind the tort of invasion of privacy is to: a. encourage the public exposure of true private facts b. allow the government only to tap telephone conversations c. place criminal sanctions on the use of a person's name without their permission d. protect the publication of "false light" stories e. none of the other choices
e. none of the other choices
The doctrine of comparative negligence permits damages to be: a. increased by the magnitude of defendants' wrongdoing b. increased by the amount of plaintiffs' goodwill c. increased by the amount the judge thinks necessary d. decreased by the percentage of defendants' negligence e. none of the other choices
e. none of the other choices
The fear of immediate bodily harm that occurs for there to be an assault is fear: a. that was suffered by the plaintiff, as demonstrated by the plaintiff's proof, given the plaintiff's mental condition at the time of the event b. that the plaintiff alleges to have suffered, regardless of the circumstances c. that any "sensitive person" would have suffered under similar circumstances d. that the judge instructs the jury has occurred or not, under the circumstances e. none of the other choices
e. none of the other choices
The most common defense to a claim of defamation is: a. consent b. proximate cause c. protection of others d. self-defense e. none of the other choices
e. none of the other choices
The proximate cause of an injury is the ______cause of the injury. a. only b. definite c. probable d. most likely e. none of the other choices
e. none of the other choices
The right to privacy is: a. not applied to photographs or other visual representations b. strongly protected if one is an entertainer, politician, or other "public personality" c. recognized by courts, even when information about a person is taken from public files and published d. one created by statute in most states e. none of the other choices
e. none of the other choices
The term res ipsa loquitur means: a. an event was the cause in fact b. an event was the proximate cause of an injury c. the thing speaks to the court d. the thing reveals the truth e. none of the other choices
e. none of the other choices
The three privileges that may be used as a defense to a defamation action are conditional, constitutional, and: a. Congressional b. conditional per se c. correlative d. legislative e. none of the other choices
e. none of the other choices
To be liable for a tort the defendant must have: a. thought through the consequences of his action b. "carefully considered" the consequences of his actions c. been unaware of the consequences of his actions d. must have prevented intervening conduct e. none of the other choices
e. none of the other choices
A statement that is presumed by law to be harmful to the person to whom they were directed and therefore requires no proof of harm or injury is: a. slander b. false light c. libel d. absolute privilege e. none of the other choices are completely correct
e. none of the other choices are completely correct
In Geczi v. Lifetime Fitness, where Geczi suffered an injury when a treadmill at Lifetime malfunctioned but a jury held Lifetime not to be negligent, the appeals court held that Lifetime was not liable because Geczi. a. implicitly assumed the risk of treadmill use b. definitely assumed the risk of treadmill use by ignoring warnings of possible dangers c. assumed the risk by her "wanton and careless" behavior d. refused to assume the risk, which thereby voided her membership in Lifetime e. none of the other choices are correct
e. none of the other choices are correct
In contrast to a criminal case, in a tort case: a. the alleged wrongdoer is being tried by the government b. the victim is only a witness, not a party to the case c. the victim does not receive compensation for injuries, but the wrongdoer may have to pay restitution d. the case is brought to court by the government e. none of the other specific choices
e. none of the other specific choices
Which of the following is not an element needed to show negligence: a. the wrongdoer owed a duty of care to the injured party b. a duty of care owed to the injured party was breached by an act of the wrongdoer c. the injured party suffered harm from legally careless conduct d. there is a causal connection between the injured party's harm and the wrongdoer's conduct e. all of the other choices are necessary elements
e. all of the other choices are necessary elements
The principal distinction between assault and battery is: a. the difference between the plaintiff knowing the defendant and not knowing the defendant b. the difference between the defendant intending to cause harm and not intending to cause harm c. the difference between the requirements of proximate cause and ultimate cause d. all of the other specific choices e. none of the other specific choices
e. none of the other specific choices
There is no assault if: a. there is no mental harm b. there is no physical harm c. there is a fear of harm, but no physical harm d. all of the other specific choices e. none of the other specific choices
e. none of the other specific choices
Tort law makes every individual: a. responsible for every injury related to actions b. responsible for injuries that they witness c. responsible for injuries that they cause, but could not prevent d. all of the other specific choices e. none of the other specific choices
e. none of the other specific choices
A tort is: a. negligent injury that can result in fines or imprisonment for less than one year b. a criminal act c. a felony d. a civil wrong not a breach of contract e. none of the other choices
d. a civil wrong not a breach of contract
With the gradual adoption of some portions of the Restatement (Third) of Torts, courts will: a. agree to standard damage awards for each type of injury b. put a limit on damage awards c. use a "ultimate standard" to help judge when liability should be imposed d. all of the other specific choices e. none of the other specific choices
e. none of the other specific choices
Which of the following is not a defense that may be raised in case of assault or battery: a. privilege b. defense of property c. consent d. self-defense e. all of the other choices may be defenses
e. all of the other choices may be defenses
Which of the following is not an intentional tort involving interference with personal rights: a. defamation b. false imprisonment c. mental distress d. malicious prosecution e. all of the other choices may be intentional torts
e. all of the other choices may be intentional torts
With the gradual adoption of some portions of the Restatement (Third) of Torts, courts will: a. rely less on the notion of proximate cause b. move away from the notion of the "substantial factor" c. use a "risk standard" to help judge when liability should be imposed d. presume duty almost always exists where there is a risk of physical harm e. all the other choices
e. all the other choices
The law of torts reflects: a. community standards b. social values c. the current business environment d. traditional standards e. all of the other choices
e. all of the other choices
Tort law does NOT: a. impose criminal penalties on the negligent b. ensure the effective operation of the Due Process Clause c. replace the insurance industry d. ensure Equal Protection of the 14th Amendment is operational e. all of the other choices
e. all of the other choices
In Geczi v. Lifetime Fitness, where Geczi suffered an injury when a treadmill at Lifetime malfunctioned but a jury held Lifetime not to be negligent, the appeals court held that Lifetime was not liable because: a. Geczi expressly assumed the risk of injury b. Geczi was over 18 when she signed the release of liability form c. Geczi was a rational adult who should have understood the inherent risks of a treadmill d. Geczi signed the release of liability form in front of witnesses e. all of the other choices are correct
a. Geczi expressly assumed the risk of injury
In a tort of negligence, causation is: a. a basic element linking one party's act and another's injury b. an unimportant element that helps determine the final compensation amount c. the key to establishing whether the alleged wrongdoer acted in a reasonable manner d. all of the other specific choices e. none of the other choices
a. a basic element linking one party's act and another's injury
A tort is: a. a breach of a duty owed to another that causes harm b. a public law c. designed to criminally punish wrongdoers d. a wrong defined by Congress e. a legal wrong defined by state legislatures
a. a breach of a duty owed to another that causes harm
Defamation per se is when: a. a statement is presumed by law to be harmful to the person to whom it was directed and therefore require no proof of harm or injury b. a statement is so outrageous that it cannot be denied that it harmed the person to whom it was directed c. a statement is presumed by law not to be harmful to the person to whom it was directed d. a statement is presumed by law to be only marginally harmful to the person to whom it was directed and therefore requires proof of harm or injury e. none of the other choices
a. a statement is presumed by law to be harmful to the person to whom it was directed and therefore require no proof of harm or injury
If a person intends to act to cause a harmful or offensive contact, he is liable for the tort of: a. assault b. battery c. defamation d. duress e. false imprisonment
a. assault
Defenses to a negligent act include: a. assumption of the risk b. existence of proximate cause c. existence of a substantial factor d. res ipsa loquitur e. all of the other choices
a. assumption of the risk
In an assault or battery tort case, consent: a. can be either expressed or implied by words or conduct b. must be expressed with words c. must be expressed in writing d. must be expressed by all involved parties e. none of the other choices
a. can be either expressed or implied by words or conduct
Defenses to a negligent act include: a. comparative negligence b. existence of proximate cause c. existence of a substantial factor d. res ipsa loquitur e. all of the other choices
a. comparative negligence
Consent, privilege, self-defense and defense of others and of property are all: a. defenses in assault and battery cases b. defenses in negligence tort cases c. not permissible defenses in assault and battery cases d. examples of proximate causes e. none of the other choices
a. defenses in assault and battery cases
Cause in fact is established by: a. evidence showing that a defendant's action or inaction is the actual cause of an injury that would not have occurred but for the defendant's behavior b. evidence showing the defendant intentionally harmed the victim c. evidence showing the victim was harmed due to circumstances outside his control d. evidence showing the victim could not prevent the injury e. evidence showing that the defendant could not have prevented the injury
a. evidence showing that a defendant's action or inaction is the actual cause of an injury that would not have occurred but for the defendant's behavior
While Mrs. O'Leary may have been negligent in leaving an oil lamp in the barn for her cow to kick over, she would not be held liable for the Great Chicago Fire of 1871 because the chain of events from the cow kicking the lantern to the destruction of the city was not: a. foreseeable b. indisputable c. unavoidable d. all of the specific choices e. none of the specific choices
a. foreseeable
Most defamation suits come from: a. former employees suing their ex-boss for negative statements about them b. former employees suing their ex-boss for criticizing their work c. music artists suing critics for negative statements about their albums d. students suing teachers for negative letters of recommendation e. politicians suing reporters for negative news articles
a. former employees suing their ex-boss for negative statements about them
In an assault or battery case a privilege can: a. give immunity from liability b. reduce the amount the defendant has to pay to the plaintiff c. increase the amount the defendant has to pay to the plaintiff d. allow the defendant to defer payment of damages until a later date e. none of the other choices
a. give immunity from liability
Torts based on negligence protect people from: a. harm from others' unintentional but legally careless conduct b. willful disregard for customer safety c. accidental consumer injury due to the misuse of a product d. all of the specific choices e. none of the other specific choices
a. harm from others' unintentional but legally careless conduct
If a defendant in an intentional tort action did not intend to cause harm: a. he could still be liable because motive is legally distinct from act and intent b. he could still be liable because he was careless c. he cannot be held liable because his motive was not to harm the plaintiff d. he cannot be held liable because he did not know who would be harmed by his actions e. none of the other choices
a. he could still be liable because motive is legally distinct from act and intent
Truth is an important defense in a defamation suit because: a. in some states truth is a complete defense regardless of the purpose or intent in publishing the statement b. in some states truth is a complete defense if the intent in publishing the statement was not to harm c. if the statement was true, the damage award amount is limited d. if the statement was true, the defendant will not have to pay any damage awards e. none of the other choices
a. in some states truth is a complete defense regardless of the purpose or intent in publishing the statement
Carl's neighbor writes a column for the local paper. One week he reveals Carl's drug abuse problems and Carl is subsequently fired from work. Carl will probably sue his neighbor for: a. invasion of privacy b. assault c. battery d. false imprisonment e. negligence
a. invasion of privacy
If embarrassing information is taken from a public file or record and published: a. it is not a violation of the right to privacy b. it is not an assault c. it is a violation of the right to privacy d. it is a violation of the right to privacy only if the person does not know the file exists e. it is a violation of the right to privacy only if the person publishing the information benefits monetarily
a. it is not a violation of the right to privacy
The proximate cause of an injury is the_____ cause of the injury. a. legal b. definite c. probable d. most likely e. foreseeable
a. legal
The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The standard of care that the law presumes the reasonable person meets is: a. ordinary care or due care b. extraordinary care c. minimal care d. the law presumes no particular standard of care; each case is evaluated individually e. none of the other choices
a. ordinary care or due care
The fear of immediate bodily harm that occurs for there to be an assault is fear: a. that would be suffered by a reasonable person under the circumstances b. that was suffered by the plaintiff, as demonstrated by the plaintiff's proof, given the plaintiff's mental condition at the time of the event c. that the plaintiff alleges to have suffered, regardless of the circumstances d. that any "sensitive person" would have suffered under similar circumstances e. that the judge instructs the jury has occurred or not, under the circumstances
a. that would be suffered by a reasonable person under the circumstances
In contrast to a criminal case, in a tort case: a. the victim is the plaintiff b. the victim is a witness c. the victim does not receive compensation for injuries, but the wrongdoer may have to pay restitution d. the case is brought to court by the government e. the case is based on the alleged wrongdoer violating a rule imposed by the legislature
a. the victim is the plaintiff
False imprisonment: a. violates the protected interest in freedom from restraint of movement b. violates the protected interest of freedom to live where you chose c. violates the protected interest of freedom of speech d. is a violation of personal privileges e. none of the other choices
a. violates the protected interest in freedom from restraint of movement
A conditional privilege eliminates liability for defamation when the statement: a. was published in good faith and with proper motives b. was not true c. was true d. was published with the plaintiff's knowledge and consent e. was legally found in public records
a. was published in good faith and with proper motives
Negligence torts are based on the idea that: a. we have a duty to conduct ourselves in all situations so as not to create an unreasonable risk of harm or injury to others b. society owes victims of accidents compensation c. businesses make more money than individuals and so are financially capable of compensating victims of accidents d. if business are not held responsible for injuries caused by carelessness they will become even more careless e. none of the other specific choices
a. we have a duty to conduct ourselves in all situations so as not to create an unreasonable risk of harm or injury to others
If a jury finds there is comparative negligence in a tort case, which of the following happens: a. damages are not allowed to be awarded b. part of the injury is held to be the plaintiff's fault c. the defendant is relieved of any fault d. the judge issues a judgment notwithstanding the verdict e. none of the other choices
b. part of the injury is held to be the plaintiff's fault
Even if an injured party establishes the required elements of negligence, the injured party may be denied compensation if the defendant establishes: a. a plausible cause b. a valid defense c. a proximate cause d. a proximate defense e. a substantial defense
b. a valid defense
A privilege can excuse what would have been a tort if the defendant: a. acted without knowing the consequences of his actions b. acted to further an interest of social importance that deserves protection c. acted to further his own interests d. acted to harm a wrongdoer e. none of the other choices
b. acted to further an interest of social importance that deserves protection
To defeat a defense of qualified privilege, the plaintiff must establish that the defendant acted with: a. purpose b. actual malice c. half-hearted malice d. negligence e. none of the other choices
b. actual malice
While you are sound asleep, your roommate hits you in the head with a brick. This is most likely to be the tort of: a. assault b. battery c. negligence d. malicious prosecution e. privilege
b. battery
A superseding cause is an act that: a. happens just before the act that causes harm to the victim b. breaks the causal connection between a person's act and the resulting harm to another c. links a person's act to the resulting harm to another d. all of the other specific choices e. none of the other specific choices
b. breaks the causal connection between a person's act and the resulting harm to another
A statement that is presumed by law to be harmful to the person to whom they were directed and therefore requires no proof of harm or injury is: a. slander b. defamation per se c. libel d. absolute privilege e. false light
b. defamation per se
Jill publicly states that Alvin committed a murder. Jill's statement is considered: a. rude b. defamation per se c. defamation by default d. defamation qua non e. none of the other choices
b. defamation per se
For a person's negligent conduct to be legally linked to its consequences, the chain of events connecting the two must be: a. unbroken b. foreseeable c. explainable d. undisputable e. none of the other choices
b. foreseeable
If an accounting firm is sued for negligently preparing a faulty financial report for a company that caused significant losses by those who relied on the accounting, the accounting firm is likely to be: a. not liable; there is no promise that results will be perfect b. held subject to the standard of care imposed on professional parties c. held subject to a special statutory standard of care d. held to have violated the principles of strict liability e. none of the other choices
b. held subject to the standard of care imposed on professional parties
Conduct is likely to be held to be negligent if: a. it results in misappropriation b. it creates an unreasonable risk of harm to others c. it results in profits for a business at the expense of its employees d. it creates incentives for people to harm others' property e. none of the other choices
b. it creates an unreasonable risk of harm to others
To defeat a defense of qualified privilege, the plaintiff must establish that the defendant acted with: a. purpose b. knowledge of the consequences c. half-hearted malice d. negligence e. none of the other choices
b. knowledge of the consequences
In an intentional tort action, motive is______ the act. a. legally indistinct from b. legally distinct from c. indistinguishable from d. a key component of e. none of the other choices
b. legally distinct from
Suppose someone uses an Internet server, such as AOL, to send a message to others that is defamatory. The person injured by the defamation has a good case against: a. the sender and AOL b. the sender but not AOL unless AOL was aware of the activity and did not halt it c. the sender but not AOL under any circumstances d. neither party; defamation actions from Internet transmissions are shielded by federal law e. neither party; defamation may only occur when the transmission is face-to-face
b. the sender but not AOL unless AOL was aware of the activity and did not halt it
Tort suits generally come from: a. customer carelessness or ignorance b. unexpected instances of carelessness or bad behavior c. failure to plan for unexpected catastrophes d. natural disasters e. repeated failure to comply with industry regulations
b. unexpected instances of carelessness or bad behavior
Once established, assumption of risk: a. does not bar the plaintiff from recovery, if the defendant was negligent b. usually bars the plaintiff from recovery, even if the defendant was negligent c. usually bars the plaintiff from recovery, unless the defendant was negligent d. prevents the defendant from having to pay more than half of the damage award e. none of the other choices
b. usually bars the plaintiff from recovery, even if the defendant was negligent
A tort is NOT: a. a civil wrong, other than a breach of contract b. a breach of duty owned to another that causes harm c. a criminal act d. conduct that unreasonably interferes with the interests of another e. none of the other choices
c. a criminal act
The three privileges that may be used as a defense to a defamation action are conditional, constitutional, and: a. Congressional b. conditional per se c. absolute d. legislative e. none of the other choices
c. absolute
Defenses to intentional torts are: a. useless to defendants in negligence torts b. not available to defendants in negligence torts c. also available to defendants in negligence torts d. rarely available to defendants in negligence torts e. none of the other choices
c. also available to defendants in negligence torts
Defenses to a negligent act include: a. assumption of the risk b. comparative negligence c. assumption of the risk and comparative negligence d. existence of proximate cause e. none of the other choices
c. assumption of the risk and comparative negligence
John refuses to pay his bill due at a store. The store owner grabs John by the shirt, screams in his face and demands the money "or else." John is shaken but unhurt. John would most likely sue for the tort of: a. slander b. assault c. battery d. negligence e. trespass
c. battery
The sine qua non rule is also known as the: a. but only rule b. not only rule c. but for rule d. but not rule e. none of the other choices
c. but for rule
The sine qua non rule is also known as the: a. but only rule b. not only rule c. but not rule d. all of the other specific choices e. none of the other choices
c. but not rule
Intentional torts: a. are determined by state statute b. are based on careless actions of defendants c. concern the interference with personal or property rights d. only concern actions that inflict harm on humans e. none of the other choices
c. concern the interference with personal or property rights
In Geczi v. Lifetime Fitness, where Geczi suffered an injury when a treadmill at Lifetime malfunctioned but a jury held Lifetime not to be negligent, the appeals court held that Lifetime was not liable because Geczi . a. implicitly assumed the risk b. definitely assumed the risk c. expressly assumed the risk d. refused to assume the risk e. none of the other choices are correct
c. expressly assumed the risk
Kyla negligently starts a fire in a back of her restaurant. Lou is a customer at the restaurant. When he sees the flames filling the kitchen area, he rushes back to the kitchen to help put them out and to help get the kitchen staff out of harm's way. In the process Lou suffers some serious burn. If he sues Kyla, Kyla will: a. win because she didn't ask Lou to help her b. win because Lou was an intermeddler c. lose because danger invites rescue d. lose based on strict liability e. lose because this was an intentional tort
c. lose because danger invites rescue
Which of the following is not a necessary element of defamation: a. making of a false statement about another person b. communication of a false statement to third parties c. loss of ability to work after the statement was made d. harm caused to the victim of the statements e. all of the other choices are necessary conditions
c. loss of ability to work after the statement was made
Which of the following is not a necessary element of defamation: a. making of a false statement about another person b. communication of a false statement to third parties c. mental distress suffered by the victim of the statements d. harm caused to the victim of the statements e. all of the other choices are necessary conditions
c. mental distress suffered by the victim of the statements
False imprisonment is the unjustified, intentional detention of a person. The detention: a. must be physical b. must be violent c. need not be physical d. must be verbal e. must be reasonable under the circumstances
c. need not be physical
Which of the following is not an intentional tort involving interference with personal rights: a. defamation b. false imprisonment c. nuisance d. mental distress e. malicious prosecution
c. nuisance
The tort of emotional distress protects: a. physical wellbeing b. mental health c. peace of mind d. mental development e. all these interests are protected by the tort of emotional distress
c. peace of mind
The constitutional privilege: a. protects the constitution from defamation b. protects politicians from defamation from the press c. protects the members of the press who publish "opinion" material about public figures d. protects ordinary citizens from attacks on their constitutional rights e. none of the other choices
c. protects the members of the press who publish "opinion" material about public figures
If an English newspaper prints a hurtful story about Prince William, that is reprinted in American papers, and it turns out that the newspaper had no malice toward the Prince, but knew the story was not factual, Prince William would most likely: a. not sue in English courts, but would have a good chance in American courts b. sue for libel in English and American courts and probably win in both c. sue for libel and may win in English courts, but not in American courts d. sue only for "distortion" in English courts; there is no case for American courts e. not sue based on his sovereign immunity
c. sue for libel and may win in English courts, but not in American courts
If causal connection between a person's act and the resulting harm to another is broken by an intervening act or event, the act or event is called: a. proximate cause b. unforeseen cause c. superseding cause d. foreseeable cause e. none of the other choices
c. superseding cause
In one case a woman shopping at K-Mart was accused by a security guard, after she walked out of the store, of having put merchandise in her purse. She denied it and opened her purse so he could look in it. He still insisted she took things and told her to come back into the store. Eventually a manager intervened and let her leave. She sued and won $175,000 for false imprisonment. K-Mart appealed. You would expect the court to hold: a. that no false imprisonment took place because the store had "reasonable suspicion" and released her after a short time b. that no violation of privacy took place because her person was not touched c. that a jury could reasonably have found a false imprisonment in this circumstance d. that jury acted with prejudice against the right of the store to protect its property e. the jury award ($175,000) was excessive and had to be cut
c. that a jury could reasonably have found a false imprisonment in this circumstance
False imprisonment is the deprivation of a person's liberty without justification. To establish a cause of action, the plaintiff must show: a. the restraint was cruel or demeaning b. that she attempted to leave but was prevented c. the restraint was intentional d. that physical force was used e. all of the other choices must be shown
c. the restraint was intentional
A person has acted negligently if: a. they were incapable of reaching the victim before the harm occurred b. they tried to prevent the harm, but could not due to a lack of professional knowledge c. their conduct was not that of a reasonable person d. they admit to not liking the victim e. none of the other choices
c. their conduct was not that of a reasonable person
The most common defense to a claim of defamation is: a. consent b. proximate cause c. truth d. self-defense e. protection of others
c. truth
With the gradual adoption of some portions of the Restatement (Third) of Torts, courts will: a. rely less on the notion of ultimate cause b. put a limit on damage awards c. use a "risk standard" to help judge when liability should be imposed d. all of the other specific choices e. none of the other specific choices
c. use a "risk standard" to help judge when liability should be imposed
Intentional torts are based on: a. negligence b. carelessness c. willful misconduct d. assumption of care e. obsequiousness
c. willful misconduct
In one case, a man who was drunk wanted to recover money another man owed him. He pulled a gun and, in the course of a struggle, accidentally shot the man who owed the money. The man who was shot sued for battery. A court is likely to hold that the man with the gun: a. did not commit a tort because he was drunk when the shooting happened, so did not have the necessary state of mind b. did not commit battery because the shooting was an accident; he only intended to threaten the man, which may be assault, but he did not intend to shoot him c. committed the tort of battery because he intended to invade Nelson's well-being d. acted in self-defense once the struggle began, so was not responsible for the accidental shooting e. none of the other choices
d. acted in self-defense once the struggle began, so was not responsible for the accidental shooting
Assumption of risk is a(n) defense. a. proactive b. positive c. conciliatory d. affirmative e. none of the other choices
d. affirmative
False imprisonment is the deprivation of a person's liberty without justification. To establish a cause of action, the plaintiff must show: a. that their right to freedom of movement was violated b. the defendant restrained the plaintiff c. the restraint was intentional d. all of the other specific choices must be shown e. none of the other specific choices need be shown
d. all of the other specific choices must be shown
A criminal case differs from a tort case because: a. in a criminal case the victim does not receive compensation b. in a criminal case the victim is a witness c. a criminal case is brought against the alleged wrongdoer by the government d. all of the specific answer choices e. none of the other specific choices
d. all of the specific answer choices
Due to the requirement of proximate cause, in order for a person to be held liable for negligence it must be shown that: a. a reasonably prudent person would have foreseen the danger and done something to prevent it b. the defendant knew or should have known that the victim would be harmed c. the defendant acted with less than reasonable care, despite the foreseeability of harm to the victim d. all of the specific choices e. none of the specific choices
d. all of the specific choices
Which of the following is (are) necessary elements to prove defamation: a. a false statement about another person b. communication of false statement to another person c. harm is caused to the person about whom the false statement was made d. all of the specific elements mentioned are necessary e. any one of the elements is sufficient to establish a claim
d. all of the specific elements mentioned are necessary
Contact that does not cause actual physical harm, but offends a reasonable person's sense of dignity could be a tort of: a. negligence b. fraud c. malicious prosecution d. battery e. assault
d. battery
Negligence is: a. an act that results in harm to another to whom the person owes a duty of care b. an omission that results in harm to another to whom the person owes a duty of care c. a willful omission of material information that leads to injury d. choices a and b e. choices a, b and c
d. choices a and b
The law of torts reflects all EXCEPT: a. social values b. community standards c. the way we deal with each other in the current environment d. the international perspective on liability e. none of the other choices
d. the international perspective on liability
Absolute, conditional and constitutional privileges are all: a. defenses to an action of false imprisonment b. defenses to an action of battery c. defenses to an action of invasion of privacy d. defenses to an action of defamation e. none of the other choices
d. defenses to an action of defamation
To be liable for an intentional tort the defendant must have: a. thought through the consequences of his action b. "considered" the consequences of his actions c. been unaware of the consequences of his actions d. engaged in a voluntary action e. none of the other choices
d. engaged in a voluntary action
Which of the following is not a defense that may be raised in case of assault or battery: a. privilege b. defense of property c. consent d. helplessness e. self-defense
d. helplessness
Driving down the street you stupidly run a red light and hit a car legally going through a green light. You knock that car into a parked car, which knocks a loaded gun out of the parked car that falls on the street and fires a bullet that hits a person walking on the sidewalk. That person sues you in tort for damages. They will probably: a. win because you were negligent and caused their injury b. win because strict liability would apply to your actions c. win because carrying a loaded gun is dangerous d. lose because there is no proximate cause e. lose because traffic violations may not be the basis for tort actions
d. lose because there is no proximate cause
Self-defense is a ______based on the need to allow people who are attacked to take steps to protect themselves. a. proximate cause b. defense c. consent d. privilege e. none of the other choices
d. privilege
The major defense(s) in assault and battery cases is (are): a. privilege b. cause-in-fact c. consent d. privilege and consent e. privilege, consent and cause-in-fact
d. privilege and consent
For liability to be imposed when negligence is alleged, in many jurisdictions, the injured party must prove that the defendant's act was not only the cause in fact of the injury but also the________ of the injury. a. superseding cause b. intervening conduct or strict liability c. misappropriation d. proximate cause or substantial factor e. none of the other choices are required
d. proximate cause or substantial factor
In some states, such as California, proximate cause has been replaced by a negligence rule of liability that holds: A legal cause of injury is a cause which is a(n) in bringing about the injury. a. intervening conduct b. superseding cause c. sine qua non d. substantial factor e. none of the other choices are correct
d. substantial factor
Proximate cause limits liability to harms: a. whether foreseeable or not b. resulting from remote occurrences "evolving naturally" from a central event c. that result from non-negligent conduct d. that bear a reasonable relationship to the defendant's negligent conduct e. that arise from interaction with railroads
d. that bear a reasonable relationship to the defendant's negligent conduct
Express assumption of risk is when: a. the parties agree beforehand that the defendant will relieve the plaintiff of his or her legal duty towards the defendant b. the parties agree beforehand that the plaintiff will do everything in his power to protect the defendant from known risks c. the parties agree beforehand that the defendant is only responsible for unknown risks d. the parties agree beforehand that the plaintiff will relieve the defendant of his or her legal duty toward the plaintiff e. none of the other choices
d. the parties agree beforehand that the plaintiff will relieve the defendant of his or her legal duty toward the plaintiff
The term res ipsa loquitur means: a. an event was the cause in fact b. an event was the proximate cause of an injury c. the thing speaks to the court d. the thing speaks for itself e. none of the other choices
d. the thing speaks for itself
There are several key elements needed to establish the legal requirements for there to be an intentional tort. Which is not an element: a. the wrongdoer knew what she was doing b. the wrongdoer knew that certain results could occur c. the wrongdoer knew possible consequences of his act d. the wrongdoer knew who would suffer the injury e. all of the other choices are necessary elements
d. the wrongdoer knew who would suffer the injury
In Palsgraf v. Long Island Railroad Company, involving a woman injured by an accidentally dropped package of fireworks that exploded as it was run over by a train, Palsgraf's injuries were not a result of negligence on the part of the railroad because: a. the railroad has strict regulations against carrying fireworks on trains b. the victim knew the package contained fireworks, but the railroad employees did not c. the victim knew the man carrying the package of fireworks d. there was nothing in the situation to suggest to a cautious mind that the package would cause damage e. there were the required number of railroad employees present
d. there was nothing in the situation to suggest to a cautious mind that the package would cause damage
In Geczi v. Lifetime Fitness, where Geczi suffered an injury when a treadmill at Lifetime malfunctioned but a jury held Lifetime not to be negligent, the appeals court held that Lifetime: a. was liable for negligence for failure to warn Geczi of the risks b. was liable for negligence because the machine was not properly maintained c. was not liable because Geczi had been seen not exercising good judgment when using the machine d. was not liable because Geczi assumed the risk and signed a liability waiver e. none of the other choices
d. was not liable because Geczi assumed the risk and signed a liability waiver
In case of a tort claim of emotional distress, the plaintiff could: a. win for having been insulted by bad language b. win only if some physical injury is proven to accompany the mental injury c. win only if "outward manifestations" of mental injury are apparent d. win for observing a terrible injury inflicted on one's child e. none of the other choices
d. win for observing a terrible injury inflicted on one's child
Driving down the street you stupidly run a red light and hit a car legally going through a green light. You knock that car into a parked car, which knocks a loaded gun out of the parked car that falls on the street and fires a bullet that hits a person walking on the sidewalk. That person sues you in tort for damages. They will probably: a. win because you were negligent and caused their injury b. win because strict liability would apply to your actions c. win because carrying a loaded gun is dangerous d. lose because traffic violations may not be the basis for tort actions e. none of the other choices
e. none of the other choices
Even if an injured party establishes the required elements of negligence, the injured party may be denied compensation if the defendant establishes: a. a plausible cause b. a substantial defense c. a proximate cause d. a proximate defense e. none of the other choices
e. none of the other choices
For liability to be imposed when negligence is alleged, in many jurisdictions, the injured party must prove that the defendant's act was not only the cause in fact of the injury but also the_______ of the injury. a. superseding cause b. intervening conduct or strict liability c. misappropriation d. comparative negligence e. none of the other choices
e. none of the other choices
If a jury finds there is comparative negligence in a tort case, which of the following happens: a. damages are not allowed to be awarded b. part of the injury is held to be the defendant's fault c. the defendant is relieved of any fault d. the judge issues a judgment notwithstanding the verdict e. none of the other choices
e. none of the other choices
If an accounting firm is sued for negligently preparing a faulty financial report for a company, it is likely that the accounting firm is: a. not liable; a reasonable number of mistakes are expected to occur b. liable if the mistake is one that an ordinary person (any person off the street) would have not made c. held subject to a special statutory standard of care d. held to have violated the principles of strict liability e. none of the other choices
e. none of the other choices
If causal connection between a person's act and the resulting harm to another is broken by an intervening act or event, the act or event is called: a. proximate cause b. unforeseen cause c. determinative cause d. foreseeable cause e. none of the other choices
e. none of the other choices
In Geczi v. Lifetime Fitness, where Geczi suffered an injury when a treadmill at Lifetime malfunctioned but a jury held Lifetime not to be negligent, the appeals court held that Lifetime: a. was liable for negligence for failure to warn Geczi of the risks b. was liable for negligence because the machine was not properly maintained c. was not liable because Geczi had been seen not exercising good judgment when using the machine d. was not liable because working out is known to be dangerous e. none of the other choices
e. none of the other choices
In an assault or battery case a privilege can: a. set a limit on the amount the plaintiff can be awarded in damages b. reduce the amount the defendant has to pay to the plaintiff c. increase the amount the defendant has to pay to the plaintiff d. allow the defendant to defer payment of damages until a later date e. none of the other choices
e. none of the other choices
In some states, such as California, proximate cause has been replaced by a negligence rule of liability that holds: A legal cause of injury is a cause which is a(n) in bringing about the injury. a. intervening conduct b. superseding cause c. sine qua non d. contributory factor e. none of the other choices are correct
e. none of the other choices are correct
A person has acted negligently if: a. they were incapable of reaching the victim before the harm occurred b. they tried to prevent the harm, but could not due to a lack of professional knowledge c. they were not present at the time of the injury d. they admit to not liking the victim e. none of the other specific choices
e. none of the other specific choices
A superseding cause is an act that: a. happens just before the act that causes harm to the victim b. makes the causal connection between a person's act and the resulting harm to another c. causes a person to commit the act that results in harm to another d. all of the other specific choices e. none of the other specific choices
e. none of the other specific choices
Absolute privilege grants immunity in situations where: a. the defendant did not intend to cause harm b. there is a proximate cause c. businesses stand to lose money d. all of the specific choices e. none of the other specific choices
e. none of the other specific choices
Absolute, conditional and constitutional privileges are all: a. defenses to an action of false imprisonment b. defenses to an action of battery c. defenses to an action of invasion of privacy d. all of the other specific choices e. none of the other specific choices
e. none of the other specific choices
Express assumption of risk is when: a. the parties agree beforehand that the defendant will relieve the plaintiff of his or her legal duty towards the defendant b. the parties agree beforehand that the plaintiff will do everything in his power to protect the defendant from known risks c. the parties agree beforehand that the defendant is only responsible for unknown risks d. all of the other specific choices e. none of the other specific choices
e. none of the other specific choices
If alleged consequences are too far removed from the negligent conduct: a. there will be a limit imposed on the damage award b. the victim will be required to have at least two expert witnesses testify on his behalf c. the negligent conduct will still result in liability d. all of the other specific choices e. none of the other specific choices
e. none of the other specific choices
The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The reasonable person: a. represents a standard of how the average American citizen ought to behave b. represents a standard of how the average business CEO ought to behave c. represents a standard of how middle class Americans ought to behave d. represents a standard of how all voting-age Americans ought to behave e. represents a standard of how persons in the relevant community ought to behave
e. represents a standard of how persons in the relevant community ought to behave
In Palsgraf v. Long Island Railroad, where Palsgraf was hit by machinery that fell when an explosion occurred at a train station, and she sued the railroad for negligence, the New York high court held that the railroad: a. was negligent for exposing Palsgraf to danger, so could be liable for her injury b. was negligent for exposing Palsgraf to danger, but the cause of the accident was a careless passenger, not the railroad, so it was relieved of liability by intervening conduct c. was negligent for exposing Palsgraf to danger, but the explosion was not the proximate cause of the accident, so there was no liability d. was negligent for exposing Palsgraf to danger, but its actions were not a substantial factor in what caused the accident, so there was no liability e. was not liable because of a lack of proximate cause
e. was not liable because of a lack of proximate cause
