Ch 6 - True/False
101. To use a person's name without permission for commercial purposes may be the tort of invasion of privacy. (A) True (B) False
(A) True
103. If you hack into your neighbor's computer, you may have committed the tort of invasion of privacy. (A) True (B) False
(A) True
108. A medical worker helped care for a patient. She then told a mutual friend about the problem of the patient. The patient has a good suit for invasion of privacy against the medical worker. (A) True (B) False
(A) True
111. Defamation is an intentional false communication that injures a person's reputation. (A) True (B) False
(A) True
113. Slander involves spoken defamatory communication. (A) True (B) False
(A) True
114. An employee at the factory where you work announces on the loudspeaker that you are an alcoholic (untrue) you can sue for defamation. (A) True (B) False
(A) True
115. For there to be defamation, there usually must be harm to the person about whom the false statement is made. (A) True (B) False
(A) True
116. Some false statements communicated to others are presumed by law to be harmful to the person about whom they were made, so no proof of harm is required to win such a defamation suit. (A) True (B) False
(A) True
117. Falsely accusing someone in public of having a serious, sexually-transmitted disease may be defamation per se. (A) True (B) False
(A) True
118. Falsely accusing someone of committing a crime may be defamation per se. (A) True (B) False
(A) True
120. In Noel v. River Hills Wilsons, where false information about Noel was accidentally given to an employer, the appeals court held that Noel could not sue for damages for defamation because there was conditional privilege in the workplace. (A) True (B) False
(A) True
122. Gray was fired from AT&T for falsifying her own records. When she filed for unemployment compensation, AT&T told the company handling her claim why it had fired her. She sued AT&T for defamation. The court would likely find no suit because AT&T had a business reason to share the negative information about Gray. (A) True (B) False
(A) True
124. Truth is a very strong defense to a defamation action. (A) True (B) False
(A) True
125. Privilege is a possible defense to a defamation action. (A) True (B) False
(A) True
127. Absolute, conditional, and constitutional privileges are all possible defenses in defamation actions. (A) True (B) False
(A) True
129. If a defamatory message is sent by e-mail, the e-mail server company, such as AOL, is unlikely to be liable for defamation. (A) True (B) False
(A) True
130. In England, it is easier to bring a libel suit against a newspaper than it is in the U.S. (A) True (B) False
(A) True
83. When an assault occurs, a battery also occurs. (A) True (B) False
(B) False
105. If a magazine publishes a story that says you were a drug user in the past, which is not true, you may not sue for invasion of privacy because of First Amendment freedom of the press. (A) True (B) False
(B) False
106. If your employer suspects you of being a thief, and searches your home for evidence (without a warrant), you will barred from bringing any action for invasion of privacy if he sincerely believed you were guilty. (A) True (B) False
(B) False
107. If Tiger Woods' photo appears on boxes of Wheaties cereal without his permission, he does not have suit for invasion of privacy because he is a public person. (A) True (B) False
(B) False
109. A medical worker helped care for a patient. She then told a mutual friend about the problem of the patient. The patient sued the medical worker for invasion of privacy. The suit probably fails because the friend was told out of concern for the patient's health. (A) True (B) False
(B) False
11. Businesses, because they are not legal persons, may not cause a tort, only humans. (A) True (B) False
(B) False
110. Defamation includes the torts of slander and misappropriation of a likeness. (A) True (B) False
(B) False
112. Libel involves spoken defamatory communication. (A) True (B) False
(B) False
119. In Noel v. River Hills Wilsons, where false information about Noel was accidentally given to an employer, the appeals court held that Noel could sue for damage to his ability to gain employment from the workplace defamation. (A) True (B) False
(B) False
121. Gray was fired from AT&T for falsifying her own records. When she filed for unemployment compensation, AT&T told the company handling her claim why it had fired her. She sued AT&T for defamation. The court would likely find this to be defamation per se because such fraud is potentially a criminal offense. (A) True (B) False
(B) False
123. Under the defense of business necessity, employers may generally say anything they wish about the ability of a current or former employee. (A) True (B) False
(B) False
126. Self-defense is a likely defense to a defamation action. (A) True (B) False
(B) False
128. Constitutional privilege applies only to federal judges for statements they make from the bench. (A) True (B) False
(B) False
102. When Mary runs for the School Board, Bob announces that Mary has a history of not paying her bills, which is true but private information. Mary is humiliated but has no cause of action in tort against Bob because they are in the political arena. (A) True (B) False
(B) False
104. Because public figures, such as movie stars, are subject to so much pressure from the media, they have an easier time bringing a suit for invasion of privacy. (A) True (B) False
(B) False
131. In England, unlike in the U.S., a libel suit against a newspaper requires proof of actual malice. (A) True (B) False
(B) False
1. A tort is broadly defined as a civil wrong, other than a breach of contract, for which the law provides a remedy. (A) True (B) False
(A) True
10. A business can be involved in a tort action if a person is harmed or injured by an employee. (A) True (B) False
(A) True
13. An individual liable for negligence might not have intended to injure another person. (A) True (B) False
(A) True
14. New Zealand, which has an English law heritage, does not allow tort litigation. (A) True (B) False
(A) True
15. In New Zealand if a careless driver runs into someone and causes injury, the injured party cannot sue, but will be compensated under a government insurance program. (A) True (B) False
(A) True
16. To be liable of a tort in negligence, one must have owed a duty of care to the party who suffered an injury. (A) True (B) False
(A) True
17. Negligence involves a breach of a duty of care owed to another person by either an act or a failure to act. (A) True (B) False
(A) True
20. For there to be a tort of negligence, there must be a causal connection between the alleged negligent conduct and the harm suffered. (A) True (B) False
(A) True
21. If you are driving and, because you are talking on your cell phone and not paying attention, you accidentally run into another car, you have been negligent. (A) True (B) False
(A) True
22. One need only exhibit the ordinary care of a reasonable person when a determination is made if certain actions were negligent. (A) True (B) False
(A) True
24. In Squish La Fish v. Thomco Specialty Products, where a company bought an adhesive to use in production based on seller's recommendation, and it did not work, the appeals court held that the seller may be liable for negligence. (A) True (B) False
(A) True
25. In Squish La Fish v. Thomco Specialty Products, where a company bought an adhesive that did not work as expected, the appeals court held that there may be a case of negligent misrepresentation by the seller. (A) True (B) False
(A) True
28. Res ipsa loquitur means "the thing speaks for itself." (A) True (B) False
(A) True
29. Res ipsa loquitur means "the thing has imposed harm." (A) True (B) False
(A) True
3. Tort law evolves through time by court decisions that reflect social values and community standards. (A) True (B) False
(A) True
30. If you are driving negligently and run off the road and hit a person on the sidewalk, the rule of res ipsa loquitur is likely to apply. (A) True (B) False
(A) True
32. The notion of cause in fact in a tort is also called the "but for" or sine qua non rule. (A) True (B) False
(A) True
33. Evidence that shows a person's conduct is the reason why an event happened may establish the cause-in-fact of negligent tort. (A) True (B) False
(A) True
35. Under proximate cause, liability is limited to consequences that bear a reasonable relationship to negligent conduct. (A) True (B) False
(A) True
37. You stupidly leave a stove burner on in your apartment. It starts a fire that burns down the apartment. A person driving by sees the fire and, looking at it, runs into another car. Your negligence in starting the fire makes you responsible to the people involved in the car accident. (A) True (B) False
(A) True
38. A storm damaged a power line. Power company employees turned off a traffic signal while working on the line. A fatal accident resulted from the light being out. The power company could be liable due to proximate cause. (A) True (B) False
(A) True
40. In Palsgraf v. Long Island Railroad, Palsgraf was hurt at a train station by equipment that fell on her during an explosion. The New York high court held that there was no proximate cause to make the railroad liable. (A) True (B) False
(A) True
42. California and other states use the "substantial factor" test instead of the proximate cause rule. (A) True (B) False
(A) True
44. Intervening conduct is similar to superseding cause in negligence cases. (A) True (B) False
(A) True
49. As a general rule, any defense to an intentional tort is also available in a negligence action. (A) True (B) False
(A) True
51. Liability waivers are also called exculpatory clauses. (A) True (B) False
(A) True
53. In Geczi v. Lifetime Fitness, where Geczi was injured by a defective treadmill machine at Lifetime, the court held that Geczi lost her right to sue because she assumed the risks of playing and signed a liability waiver. (A) True (B) False
(A) True
55. A man was injured when riding a mechanical bull at a state fair. The ride was working properly, but riders usually get bucked off. The man signed a waiver that he accepted the possibility of injury from a fall. When he sued for his injuries, you would expect the court to throw out the suit if the waiver clearly stated the dangers. (A) True (B) False
(A) True
56. Damages in a negligence suit are found to be $100,000. If the jury finds the plaintiff was 40 percent responsible, the defendant would pay for 60 percent of the damages ($60,000) under the rule of comparative negligence. (A) True (B) False
(A) True
57. Damages in a negligence suit are found to be $100,000. If the jury finds the defendant was 60 percent responsible, the defendant would pay for 60 percent of the damages ($60,000) under the rule of comparative negligence. (A) True (B) False
(A) True
59. In some states, if a plaintiff is found to have contributed fifty percent or more of the negligence to a situation, then there may be no recovery from the defendant. (A) True (B) False
(A) True
62. Intentional torts concern willful interference of a protected personal or property right. (A) True (B) False
(A) True
64. To prove intent for an intentional tort, the plaintiff must show willful misconduct by the defendant. (A) True (B) False
(A) True
67. To commit an intentional tort, the person who committed the act must have known or should have known that bad results could happen. (A) True (B) False
(A) True
71. Assault is intentional conduct that places a person in fear of immediate harm, but it need not actually involve personal harm. (A) True (B) False
(A) True
73. If you are walking to your car at night in a dark parking lot and a stranger steps from behind a car and points a gun at you, there has probably been an assault. (A) True (B) False
(A) True
76. Assault and battery are examples of intentional interference with protected personal rights. (A) True (B) False
(A) True
77. A battery is an unlawful physical contact without consent. (A) True (B) False
(A) True
8. Tort law is intended to try to put an injured party in the position he would have been in if the tort had not occurred. (A) True (B) False
(A) True
80. In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" at work as part of a prank, the appeals court held that the police may be liable for a battery for pretending to arrest her. (A) True (B) False
(A) True
81. In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" at work as part of a prank, the appeals court held that if Fuerschbach's "personal dignity" was offended, then the tort of battery may have occurred. (A) True (B) False
(A) True
82. If you are waving a gun at someone to scare them, and it accidentally goes off and hits the person, you are likely liable for battery. (A) True (B) False
(A) True
87. You see a house on fire and break down the door to see if anyone needs to be rescued. If the owner of the house sues you for the value of the door, you have a defense called privilege. (A) True (B) False
(A) True
88. A robber holds up a store with a gun. The store owner shoots the robber in the leg. The robber sues in tort for the injuries intentionally inflicted on him. The owner has a defense that protects him from liability. (A) True (B) False
(A) True
9. A business is liable for the tort actions of its employees if carried out within the scope of their jobs. (A) True (B) False
(A) True
92. A group of workers applied for work at a company looking to hire workers. They were locked in an enclosure and the police were called to report trespassing. The workers could sue for false imprisonment as they had good reason to be on company property. (A) True (B) False
(A) True
94. In general, if store personnel believe someone may have shoplifted, they have the right to detain the person for a short while and not be liable for false imprisonment. (A) True (B) False
(A) True
97. To badger someone late at night with many threatening phone calls could lead to the tort of emotional distress. (A) True (B) False
(A) True
99. In Lawler v. Montblanc North America, where Lawler was fired soon after telling her supervisor that for medical reasons she could not work more than 20 hours per week, the appeals court held she had no case for emotional distress as there was no outrageous conduct involved. (A) True (B) False
(A) True
100. In Lawler v. Montblanc North America, where Lawler was fired soon after telling her supervisor that for medical reasons she could not work more than 20 hours per week, the appeals court held she could sue the employer for mental distress because her expert witness testified that she was emotionally fragile and was "nearly destroyed" by the action. (A) True (B) False
(B) False
12. In determining negligence, the law applies a reasonable-person standard, which requires a person to use extra-ordinary care in their actions. (A) True (B) False
(B) False
18. Negligence in tort may be imposed only if a party acted improperly. A failure to act cannot itself lead to a tort. (A) True (B) False
(B) False
19. In determining if a person's conduct is negligent, the law applies the "subjective person" standard of what is reasonable for that person. (A) True (B) False
(B) False
2. The rules of tort law have changed little over the past two centuries. (A) True (B) False
(B) False
23. If a doctor is accused of negligence in treating a patient. The standard of care is that which any person would have given in the same situation. (A) True (B) False
(B) False
26. In Squish La Fish v. Thomco Specialty Products, where a company bought an adhesive to use in production based on seller's recommendation, and it did not work, the appeals court held that there was no evidence of negligence. (A) True (B) False
(B) False
27. In Squish La Fish v. Thomco Specialty Products, where a company bought an adhesive that did not work as expected, the appeals court held that the seller of the adhesive could not be liable for negligent misrepresentation, but the manufacturer could be. (A) True (B) False
(B) False
31. If you are driving negligently and run off the road and hit a person on the sidewalk, the rule of res ipsa loquitur is likely not to apply. (A) True (B) False
(B) False
34. A nightclub failed to install the proper number fire escape ladders. A fire in the men's bathroom kills a man trapped in there. The failure to have the legally required number of fire escapes is legally the cause in fact of the legal injury suffered. (A) True (B) False
(B) False
36. If a person is found liable in tort for negligence, that person is responsible for all consequences, foreseeable or not. (A) True (B) False
(B) False
39. Power company employees turned off a traffic signal while working on a power line and a fatal accident resulted. The employees, not the power company, could be liable for negligence that contributed to the accident. (A) True (B) False
(B) False
4. A tort is broadly defined as a criminal wrong, other than a breach of contract, for which the law provides a remedy. (A) True (B) False
(B) False
41. In Palsgraf v. Long Island Railroad, Palsgraf was hurt at a train station by equipment that fell on her during an explosion. The New York high court held that the railroad was liable for negligence in protecting its patrons. (A) True (B) False
(B) False
43. The substantial factor test and the proximate cause rule produce significantly different results in negligence cases. (A) True (B) False
(B) False
45. If the causal relationship between the defendant's act and the resulting harm is broken by an intervening act, there is an approximate cause. (A) True (B) False
(B) False
46. Because danger invites rescue, those people who attempt to rescue others and get hurt in the process must bear the costs of their harms themselves. (A) True (B) False
(B) False
47. You see a house on fire and rush in to save a person trapped in the house. You suffer burns from the fire. The person who negligently started the fire has no legal obligation to you because there was no knowledge you would become involved. (A) True (B) False
(B) False
48. The only defense in case of negligence is that of assumption of risk. (A) True (B) False
(B) False
5. The primary purpose of tort law is to inflict punishment on the wrongdoer. (A) True (B) False
(B) False
50. Liability waivers are generally against public policy in tort cases and are not allowed as a defense. (A) True (B) False
(B) False
52. In Geczi v. Lifetime Fitness, where Geczi was injured by a defective treadmill machine at Lifetime, the court held that the state legislature had exempted such places of business from tort liability. (A) True (B) False
(B) False
54. In Geczi v. Lifetime Fitness, where Geczi was injured by a defective treadmill machine at Lifetime, the court held that the liability waiver signed by McCune violated public policy, so her suit should be tried. (A) True (B) False
(B) False
58. If a plaintiff is found to be comparatively negligent in a tort suit, the plaintiff will recover no money from the defendant. (A) True (B) False
(B) False
6. Torts are common law crimes. (A) True (B) False
(B) False
60. A young woman let a strange man into her motel room and was assaulted by him. She sued the motel. Because she was found 97% responsible, the motel did not have to pay her anything. (A) True (B) False
(B) False
61. The person who suffers a tort is called a tortfeasor. (A) True (B) False
(B) False
63. For a person to be found liable for an intentional tort the jury must find that there was a careless act that led to the harm. (A) True (B) False
(B) False
65. For there to be an intentional tort, the person who commits the tort must be shown to have the motive of malice. (A) True (B) False
(B) False
66. In an intentional tort, the person who committed the tort must have wanted the result to occur that did, in fact, happen. (A) True (B) False
(B) False
68. Intentional torts arise in situations where the person who committed the tort intended to inflict the injury suffered. (A) True (B) False
(B) False
69. If a person was playing a trick that went very wrong, there could not be an intentional tort, because no injury was anticipated. (A) True (B) False
(B) False
7. All torts, which are civil matters, are also potentially criminal acts. (A) True (B) False
(B) False
70. Assault is a direct, intentional, uninvited physical contact without consent. (A) True (B) False
(B) False
72. If someone comes up behind you and hits you on the head with a brick, you would sue them for the intentional tort of assault. (A) True (B) False
(B) False
74. If a friend is showing you a gun and you are afraid it is loaded and may go off, then there has probably been an assault. (A) True (B) False
(B) False
75. If someone calls you from a city in another part of the country and tells you they want to strangle you, there has probably been an assault. (A) True (B) False
(B) False
78. A battery is intentional conduct that places a person in fear of immediate bodily harm. (A) True (B) False
(B) False
79. In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" at work as part of a prank, the appeals court held that there was no tort because there was no malice or physical injury despite the fact that Fuerschbach did not like it. (A) True (B) False
(B) False
84. If you get into a fight and suffer injuries, the person who fought with you probably must pay for your injuries because it is battery. (A) True (B) False
(B) False
85. You are the goalie of a college ice hockey team. If your jaw is broken by an opponent who accidentally hits your face with his stick you probably have a good suit for battery. (A) True (B) False
(B) False
86. The only defense to battery is privilege. (A) True (B) False
(B) False
89. The owner of a store sees someone reaching in to steal cash from a cash register while no one is near it. The store owner shoots the thief. The thief sues in tort for the injuries intentionally inflicted on him. The owner has a defense that protects him from liability. (A) True (B) False
(B) False
90. For the tort of false imprisonment there must be physical restraint of the victim. (A) True (B) False
(B) False
91. A group of workers applied for work at a company looking to hire workers. They were locked in an enclosure and the police were called to report that they were trespassing. The workers could not sue for false imprisonment because the property owner was defending company property. (A) True (B) False
(B) False
93. Because theft is such a large problem most state legislatures allow stores to hold anyone for suspected shoplifting without threat of tort suit. (A) True (B) False
(B) False
95. Infliction of emotional distress is involuntary conduct by a person that causes an outrageous effect on another. (A) True (B) False
(B) False
96. In most courts the tort of emotional distress requires evidence of physical injury to the victim. (A) True (B) False
(B) False
98. In, Lawler v. Montblanc North America, where Lawler was fired soon after telling her supervisor that for medical reasons she could not work more than 20 hours per week the appeals court held she could sue the employer for mental distress. (A) True (B) False
(B) False