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