Chapter 8 & 9 Review Questions Legal Studies
Which one of the following terms is not an affirmative defense in a defamation action?
Actual malice
_________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.
Assault
Which of the following terms refers to a defense that allows the defendant to escape liability by establishing that the plaintiff engaged in an activity that he or she was fully aware could result in the type of harm he or she suffered?
Assumption of the risk
Which one of the following is not an intentional tort against a person?
Conversion
Emily is suspected of shoplifting at a department store. The store security guard detains her while the guard reviews the security tape. After Emily is not released within ten minutes, she threatens to sue the department store. Which of the following torts may Emily wish to sue for?
False imprisonment
Gabe is browsing movies in a video store when he sees a man fall to the ground. Gabe has had a CPR and first aid class before, and upon examining the victim, Gabe determines that he should give a CPR until the ambulance arrives. He gives the victim CPR and successfully resuscitates him. However, later the victim sues Gabe because while giving him CPR, Gabe broke two of the victim's ribs. What is the best defense Gabe could use to not be held liable for his actions?
Good Samaritan statutes
Which of the following defines the danger invites rescue doctrine?
If a bystander get injured while trying to save a victim from danger caused by the offender, then the offender is held responsible for the bystander's injuries as well
What tort occurs when a defendant takes an action intending certain consequences to occur or knowing that those consequences are likely to result?
Intentional
A noted women's rights organization sued an apparel retail chain for installing hidden cameras in its fitting rooms. Which of the following privacy torts does this scenario best illustrate?
Intrusion on an individual's affairs or seclusion
Each of the following situations would qualify as a tort of trespass to realty except
Linda steals a watch from a passenger next to her in the subway
A child swallowed a small part from a toy and was injured as a result. The child was three years old, and the toy was made for children 10 and up. The box clearly stated that the toy was made for children 10 years old and up and also had warnings about how parents should always supervise their children when playing with the toy. The box also said the product was not to be swallowed. In this case, the child's parent was not supervising the three year old when he swallowed the toy part. As a result, the jury determines that the toy manufacturer (defendant) was 20 percent liable, but the majority of the liability rests with the parent who did not supervise the child. Under which system of negligence can the plaintiff recover damages for the 20 percent liability of the company?
Pure comparative negligence
A taco company is losing business to a new restaurant down the road. To try to gain business back, the taco company launches an oral marketing campaign to say that the new restaurant's tacos are such poor quality that 75 percent of customers who eat the tacos get diarrhea. The taco company completely lied about this rumor and had no evidence to back up this assertion. Which type of tort is this scenario a possible example of?
Slander of quality
Which of the following terms is not a defense to negligence?
Strict liability
______________ is liability without fault.
Strict liability
What do the following torts all have in common? I. False light II. False imprisonment III. Defamation IV. Battery
They are all intentional torts against a person
Which one of the following is not a privacy tort?
Trespass to reality
Which of the following concepts is not a standard element of negligence that a plaintiff must prove to win a negligence case?
Unfortunate accident
To establish proximate cause in a negligence claim, it is necessary to prove that the
defendant could reasonably foresee that his or her actions would cause the harm that the plaintiff suffered.
If an assault is followed by an intentional, unwanted, offensive bodily contact, a _____ has occurred.
battery
Once the plaintiff has established that the defendant owes her a duty of care, she must prove that the defendant's conduct violated that duty. This violation is called a _____________.
breach of duty
Because the primary objective of tort law is to compensate victims, the primary type of damages is...
compensatory damages
Libel occurs when a(n)...
defamatory statement about a person is published in a permanent form
In states that have adopted _______, bartenders and bar owners may held liable for a plaintiff's injury although the bartender or bar owner did not directly cause plaintiff's injury.
dram shop acts
To establish res ipsa loquitur in negligence cases, the plaintiff must demonstrate that the
event was a kind that ordinarily does not occur in the absence of negligence
In typical negligence cases, courts rarely award punitive damages. Instead, courts usually award punitive damages in cases in which the offender has committed _____________.
gross negligence
The doctrine of _______ applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs.
negligence per se
The ___________________ is a measurement of the way members of society expect an individual to act in a given situation.
reasonable person standard
The tort of unfair competition exists when
someone enters an industry with the sole intent of driving another firm out of business
A/An _________________ is an unforeseeable event that interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered.
superseding cause
Henry announces to his neighbors that Jessica has been convicted of shoplifting. Jessica wants to sue Henry for defamation. Henry may use _____ as an absolute defense and, thus, avoid liability.
truth
