TORT LAW
The shopkeeper's privilege
permits a shopkeeper to stop and detain a suspected shoplifter.
Rosemary wakes up from surgery with a pair of scissors in her stomach; her attorney most likely will
proceed with her case using the theory of res ipsa loquitur
An example of strict liability is
products liability
Transferred intent
protects people from misdirected physical contact; is legal fiction
Workers' compensation
provides cash benefits and medical care for workers injured on the job.
Absolute liability in cases involving animals and abnormally dangerous activity is limited by
proximate cause
The scope of duty is usually defined in terms of
reasonable foreseeability
Tort reform is an effort by the legislature to
reduce the amount and kinds of rewards people receive in legal actions
When a plaintiff sues all of the sellers along the product distribution chain, this is sometimes called
"going for the deep pocket."
Transferred intent is an element of which of the following intentional torts?
"legal fiction"; principle that if a person intended to hit another but hits a third person instead, they legally intended to hit the third person
Respondeat superior means
"let the superior answer." or "let the master answer"
When a victim has a peculiar health condition that is reasonably foreseeable, and the tortfeasor injures the victim, the courts call this
"taking the victim as you find him."
Which section of the Restatement (Second) of Torts deals with strict products liability?
402A
Gordon is a door-to-door salesperson. As he walks to Alicia's apartment door, he slips on a roller skate. For purposes of premises liability, Gordon would be classified as
A licensee
Last clear chance can best be defined as
A response to a contributory negligence defense
Which of the following is the best example of misrepresentation?
A roofer states that a homeowner's entire roof must be replaced, when adequate repairs could be made by replacing a few loose shingles.
Which of the following is not an element of self-defense?
A third party threatened by an attack
Strict Liability and
Absolute Liability are interchangeable
Hillary walked into a grocery store to buy some vegetables. As she walked down an aisle, she slipped on some spilled milk and fell down, breaking her arm. For purposes of premises liability, Hillary would be classified as
An invitee
Which of the following is the best illustration of assumption of risk?
Angela works in a pastry shop. She notices that there is an electrical short in one of the machines she is using. Rather than shutting the machine off, she continues to use it and is electrocuted.
Which of the following is not a type of invasion of privacy?
Arson
Defenses in cases involving animal owners' absolute liability
Assumption of risk Contributory and comparative negligence Consent Self-defense and defense of others
Which of the following includes proximate cause?
Assumption of risk; comparative negligence
Which of the following defenses applies to animal owner liability cases
Assumption of risk; contributory negligence; comparative negligence; consent
Which of the following defenses is (are) applicable to strict products liability cases?
Assumption of risk; ultimate user's misuse of product
Commercial disparagement includes which of the following?
Disparagement of goods; Disparagement of services; Disparagement of business
Which type of case most often involves the defense of implied consent?
Emergency Medical Treatment
Modern tort law originated from the ___ common law
English
Which of the following constitutes trespass to land?
Entering a store after closing to use the restroom
A landowner's exclusive right to use his or her real estate is called
Exclusive right; exclusive right of posession
Which type of damages is rarely awarded in negligence cases?
Exemplary, punitive
A hospital is responsible for the negligence of its independent contractors.
False
A negligent tortfeasor is absolutely liable for the injuries caused.
False
A person who hires an independent contractor is usually liable for the independent contractor's torts
False
A shopkeeper's questioning of a suspected shoplifter for up to eight hours is considered reasonable.
False
A tortfeasor is usually the plaintiff in a typical tort lawsuit.
False
A verbal threat on the telephone is considered an assault.
False
Abnormally dangerous activity are those that are inappropriately performed in the place in which the victim was harmed
False
Accidentally bumping someone in a crowded, moving elevator is considered a battery.
False
After the pleadings are served, the next step is for the plaintiff to file a demurrer.
False
As a general rule, employers are vicariously liable for torts committed by employees as they come and go to work.
False
Assumption of risk is not a defense to strict products liability.
False
At common law, contributory negligence absolutely bars the plaintiff's negligence claim.
False
Attorneys and doctors are the only professionals who can be sued for malpractice.
False
Both intentional torts and negligence cases require intent.
False
CERCLA is the acronym for a federal statute regulating defamation by computer.
False
Citizens may not make warrantless arrests.
False
Conversion requires injury to the real estate.
False
Defamation by computer means that computers are used to say true things about others.
False
Defense of property must be authorized by a statute or ordinance to be legally justified.
False
Dispossession is an important element of slander of title.
False
False light in the public eye is a form of defamation.
False
For the plaintiff to recover under strict products liability, the defective product must be unreasonably dangerous.
False
Fraud and misrepresentation are identical intentional torts.
False
In strict products liability cases, the ultimate user must be the original purchaser of the defective product.
False
Last clear chance is a response to assumption of risk.
False
Legally significant facts are those facts necessary for a plaintiff to win his/her lawsuit against a defendant
False
Mary threw a snowball at James but it hit John instead. Mary has committed a battery against James.
False
Mistake is a good-faith belief that one can commit torts with out punishment.
False
Modern tort law traces its roots to medieval China
False
Negligent infliction of emotional distress does not require outrageous conduct.
False
No actual touching is needed for a battery.
False
Occasional teasing constitutes a hostile work environment.
False
Once an attorney is censured, that attorney is prohibited from practicing law
False
One of the elements of res ipsa loquitur is that a defendant must be shown to be more than50% at fault
False
Proximate cause, as applied to liability cases, is substantially different from the term as used in negligent cases
False
Public officials are immune from all intentional torts.
False
Publication is the term associated with abuse of process
False
The assumption of risk defense applies even if the plaintiff was unaware of the dangers involved.
False
The goal of criminal prosecution is to get monetary compensation for the victim.
False
The government, through its prosecutors, uses tort law to punish violators who injure other persons or their property
False
The majority of legal cases are resolved through a formal court trial.
False
The plaintiff and the defendant decide how to apportion comparative negligence in a lawsuit.
False
The unique elements to a tort are duty, breach of duty, conclusions, and damages.
False
There must be a low risk of injury in ultrahazardous activity cases
False
Tort law is largely composed of a set of maximum standards of conduct.
False
Trespass to land requires injury to the real estate.
False
Under assumption of risk, the plaintiff's claim is barred even if he or she involuntarily engaged in dangerous activities.
False
When vicarious liability applies, the agent is liable for the principal's torts.
False
Licensees are persons invited onto another's land
False - Invitees
A battery is an attempted assault
False - assault is attempted battery
Reasonable care is an important factor in wild animal injury cases
False - domestic animal cases
The vicious propensity rule applies to ferae naturae
False - domestic animals
False imprisonment occurs even if the tortfeasor did not intend to confine the victim.
False - intent is required
An attorney will most likely refuse to take a malpractice case with damages over $100,000.
False - it is if damages are UNDER $100K
Under strict products liability, the manufacturer or seller need not be in the business of selling products such as the defective item that caused the injury.
False - needs to be in the business of selling
Under strict products liability, there must be privity of contract for the plaintiff to recover.
False - no privity required
Slander of title involves which of the following activities?
False statements regarding a person's ownership of title; intent to hinder or damage the owner's use of the property; Communication (publication) of the falsehoods to third parties.
Which of the following is an example of a statute of limitations?
Filing a lawsuit within one month of the date of injury
Which of the following best illustrates trespass to chattel?
Filling your swimming pool with a garden hose connected to your unfriendly neighbor's water supply
Which of the following is NOT an example of strict liabilty
Fred's prize pig, Augustus Major, takes a liking to Gary's genuine first century miniature Roman statue of Cesar, breaking off the stone figure at the base
Which of the following is not associated with negligent infliction of emotional distress?
Frolic and detour rule
Keeping in mind any applicable defenses, which of the following examples best shows negligence per se?
Gail owns a restaurant. One of her customers was injured when a grease fire broke out on the grill. The local health code requires restaurants to clean food preparation surfaces daily, to prevent such fires. Gail's grill had not been cleaned for several weeks.
In which of the following cases could strict liability apply?
Injuries caused by wild animals; injuries caused by explosives; Injuries caused by toxic wastes
Defamation by computer is best illustrated by which of the following examples?
Inputting false information about a person's credit into a computer database
Which of the following is not an element of trespass to land?
Intent to injure another's real property
What are the two types of entry in trespass to land?
Intentional and Unintentional
Which of the following is true of a special relationship between parties?
It might create a duty to act based upon the relationship
Which of the following examples best illustrates necessity?
Karen sees a fire in a pharmacy after closing hours. She breaks open the door and puts out the fire with the extinguisher she carries in her truck.
Which of the following examples illustrates absolute liability
Kim's pet python snake attacked Huston; While mixing acids in her lab, Dr. Proctor spilled a vial on Cory's shirt; Debra's pit bull, known in the neighborhood as ill-tempered and vicious, attacked Cassandra
Which of the following might be examples of medical malpractice?
Lack of informed consent; Failure to diagnose; Abandonment
The coming and going rule
states that employers are not vicariously liable for the negligence of their employees while they are coming to and from work.
In which type of case would res ipsa loquitur most commonly be used?
Medical malpractice
Which of the following is the best example of abuse of process?
Murdock files a lien against a customer who has agreed to pay his debt over a period of several months, and all payments have been made (and accepted by Murdock) on time to date.
Which of the following is not one of the four elements of negligence?
Proximate cause
Which of the following examples illustrates strict products liability?
Rebekah bought a motorcycle that had defective spokes in the front wheel. While she was driving down the highway, the front tire broke, sending her hurtling over the handlebars.
Which of the following is the best illustration of last clear chance?
Ronald is a door-to-door salesperson. He approached Lyndon's house, which had a defective porch roof. Lyndon was aware of this danger. Ronald saw the roof sagging but continued onto the porch. The roof collapsed, injuring Ronald.
Which of the following is the best example of intentional infliction of emotional distress?
The complainant's criminal complaint must lack probable cause; Shouting obscenities at a basketball official in an arena seating 10,000 fans; Calling a friend during an important business meeting to inform him or her of a nonexistent "family emergency"; Spitting on a crowded sidewalk
Which of the following statements is true regarding malicious prosecution?
The complainant's criminal complaint must lack probable cause; The complainant must have filed frivolous criminal charges with malicious intent; The accused must be acquitted of the criminal charges or otherwise have them disposed of
Under res ipsa loquitur, which of the following statements is true?
The defendant's negligence is presumed; The defendant had exclusive control over the action or object that injured the plaintiff; The defendant is in the better position to prove his or her lack of negligence than the plaintiff is to prove negligence
Privilege is best defined as which of the following?
The legal justification to engage in otherwise tortious conduct to achieve a socially compelling goal
In a negligence lawsuit, which of the following most often decides how the reasonable person would have acted?
The trier-of-fact
Informed consent requires which of the following?
The victim's understanding of the consequences of the tortfeasor's actions; The victim's voluntary acceptance of the tortfeasor's conduct
Rightful repossession is most often a defense to which of the following intentional torts?
Trespass to land
Zevon walked into a construction site after working hours. He slipped and fell into an open pit, injuring himself. For purposes of premises liability, Zevon would be classified as a(n)
Trespasser
"Cause in fact" is the test for whether the defendant's misconduct produced the plaintiff's injuries.
True
A Good Samaritan is a person who comes to the aid of another.
True
A landowner's highest duty of care is owed to invitees.
True
A person filing a false lien against someone's real estate commits slander of title.
True
A single act can be the basis for both a tort claim and a criminal action.
True
A tort is a wrongful injury to a person or a person's property
True
Abnormally dangerous activities are inherently perilous because of the actions and devices involved
True
Abuse of process involves civil lawsuits, whereas malicious prosecution involves criminal actions.
True
An intentional tort is an injury designed to injure a person or a person's property.
True
An ultrahazardous activity must proximately cause the plaintiff's injuries in order for the defendant to be held strictly liable
True
Another public policy objective of tort law is to allocate losses among different participants
True
Appreciable confinement is defined as unreasonable under the circumstances.Therefore, detaining someone in a burning building for even a few seconds could be considered unreasonable
True
Comparative negligence apportions liability between the plaintiff and the defendant and adjusts the plaintiff's recovery accordingly
True
Compensatory damages are commonly awarded in negligence cases.
True
Consent is a defense to all intentional torts.
True
Contributory negligence is generally not a defense in strict products liability cases.
True
Duty is the obligation to either do or not do something.
True
False imprisonment involves confinement without the captive's consent.
True
Fault is irrelevant to strict liability cases
True
If an attorney fails to use best judgment, that in and of itself is not enough to prove malpractice
True
If the ultimate user fails to properly maintain a product, then he or she cannot recover under strict products liability for injuries.
True
In an assault, the threat must be immediate or imminent.
True
In both intentional and reckless infliction of emotional distress, the victim must suffer severe mental anguish.
True
In effect, contributory negligence is a way of describing a plaintiff's negligence toward himself or herself.
True
In some jurisdictions, recovery for negligent infliction of emotional distress is partially limited to cases in which the plaintiff witnesses serious injury to a family member.
True
In strict products liability, the product must have a defect of some sort.
True
Intent to do harm is not required for negligence
True
Invasion of privacy occurs through appropriation of a person's likeness for profit without permission.
True
Libel can involve movies, records, DVDs, and computer programs.
True
Libel is written defamation, whereas slander is oral defamation.
True
Many state legislatures have enacted motor vehicle vicarious liability statutes
True
Necessity allows a tortfeasor to commit an intentional tort to prevent more serious injury from an external force.
True
Negligence is the failure to exercise due care
True
Negligence requires intent to commit a harmful act.
True
Once a plaintiff has made a prima facie case, the burden shifts to the defendant.
True
One of the public policy objectives in tort law is compensating victims by holding tortfeasors responsible for their acts
True
One purpose of tort law is to compensate victims by holding tortfeasors accountable for causing injuries
True
Patient dumping creates a cause of action as a result of nonuniform treatment of patient
True
Patient dumping is a new tort.
True
Placing caps on the amount of money an injured plaintiff can collect is an example of tort reform.
True
Privilege is sometimes considered a broad category encompassing all intentional tort defenses.
True
Professional liability policies generally do not cover intentional acts such as fraud.
True
Proximate cause is defined in terms of the foreseeability of injury
True
Rightful repossession permits a creditor to file a lien against a debtor.
True
Scope of duty is defined in terms of the foreseeability of injury to the victim.
True
Scope of employment means the range of conduct that an employer expects an employee toperform as part of his or her job.
True
Self-defense is the exercise of reasonable force to repel an attack upon one's person or to avoid confinement.
True
Some legal scholars believe that comparative negligence produces fairer results than contributory negligence.
True
Some legal scholars criticize comparative negligence for its arbitrary and capricious approach to assigning liability percentages
True
Taking somebody's television without permission is called trespass to chattel.
True
The court can draw a negative inference or preclude the admission of evidence or testimony when spoliation of evidence has occurred.
True
The parties in strict products liability cases include the manufacturer, retailer, wholesaler, and ultimate user.
True
The risks of an abnormally dangerous activity must outweigh the benefits the activity brings
True
The special negligence rule that applies to trespassing children is called attractive nuisance.
True
The standard used to determine if a physical contact is offensive is the reasonable person standard.
True
To be successful in claiming defamation, a public figure must show that a statement was made with actual malice.
True
To commit negligence, the tortfeasor must breach his or her duty of care.
True
Tort analysis should go from the general to the specific.
True
Toxic trespass occurs when an ultra hazardous pollutant interferes with a landowner's use of his or her property.
True
Transferred intent holds tortfeasors accountable for their actions even when they did not desire to hit the third person involved.
True
Trespass to chattel is similar to conversion
True
Trespass to chattel is unlawful interference with an owner's right to use his/her personal property
True
Under common law usage principle, an abnormally dangerous activity is one that is not commonly undertaken in every day life
True
Under strict products liability, in order for the plaintiff to recover, the product cannot be substantially changed from the time it left the manufacturer or seller until it reached the ultimate user.
True
Unreasonable intrusion is an excessive and highly offensive invasion of one's seclusion or solitude
True
When a single tortfeasor causes injury, he or she is jointly and severally liable.
True
Workers' compensation is a form of insurance for workers who are injured on the job, or who become ill as a result of their job.
True
Trespass to chattel includes which of the following elements?
Unauthorized possession or interference with the use of another's chattel; Intent to deprive or interfere with the owner's use of personal property
The attorney/client relationship is
a fiduciary relationship.
Products liability is
a form of strict liability
Class Action
a lawsuit brought by yourself and other persons in the same jurisdiction
Apprehension, as used in assault, means
a person reasonably fears for their physical safety in anticipation of being struck by an unconsented to, harmful, or distasteful contact
Hot pursuit, in the defense of rightful repossession, means
a rapid chase as soon as possible after the owner discovers that his or her chattel has been taken.
The time period within which one must file a negligence lawsuit is commonly called
a statute of limitations.
The common usage principle states that
abnormally dangerous activities are those that are not commonly undertaken in everyday life
In which case would a court most likely apply a balancing test comparing the benefits to the hazards of a particular activity
abnormally dangerous activity cases
A lawsuit can be settled
after the complaint is served before the answer is served during discovery during the trial
The Restatement (Second) of Torts 520 states that
an abnormally dangerous activity creates a high risk of substantial injury to a person or to property
An independent contractor is distinguishable from an employee because
an employer does not control how an independent contractor performs work.
Self-defense and defense of others are two defenses applicable to
animal owner liability cases
When a lawsuit is decided by someone other than a judge and the decision is binding, the procedure is called
arbitration
Legal malpractice occurs when a(n)
attorney falls below the standard of care required.
Instead of a formal court trial, parties to a dispute are now opting for alternative dispute resolution in order to
avoid a costly court proceeding
Workers' compensation
bars suits against the employer.
What best distinguishes assault from battery in tort law
battery requires physical contact, assault does not
The burden of proof in a negligence action is usually proof
by the preponderance of evidence
An attorney must never
commingle client funds with law firm funds.
The first pleading filed in a civil lawsuit, which contains the statement of wrong done to the plaintiff, is called the
complaint
Intentional torts may best be defined as
conduct that is fashioned to harm another person or their property
Another name for special damages is
consequential damages
In which area of law does products liability have its roots?
contract law/warranties
When a defendant brings a claim against the plaintiff, this is called
counterclaim
The answer in a lawsuit is the
defendant's response to the complaint
Patient dumping is defined as
denial of treatment to emergency patients or women in labor.
Domitae Naturae refers to
domestic animals
Negligence is defined as
failure to exercise reasonable care to avoid injuring others.
Statutes of limitations are irrelevant to negligence defenses
false
What distinguishes strict liability from negligence
fault is irrelevant to strict liability but important to negligence
Strict liability differs from intentional torts and negligence how
fault is unnecessary to establish liability
Which of the following cannot make a product unreasonably dangerous?
faulty product design; error in product manufacturer or assembly; improper product. maintenance; manufacturer or seller's failure to warn
In slander of title, the term publication best means
filing a false lien against real estate.
In a torts case, the
goal is compensation for the victim
The party bringing an action
has the burden of proof
Absolute or Strict Liability
holds the tortfeasors responsible for their behavior regardless of fault; tortfeasor could have used every possible degree of care to protect against injuring the victim and it would still not prevent liability; Fault is irrelevant
Abnormally dangerous or ultrahazardous activities are considered
inherently perilous
Some jurisdictions include all of the following elements in strict products liability, except
intent
Punitive damages are mostly awarded in
intentional tort cases.
Violation of a statute
may have an effect on a negligence action if the injured was the kind of person the statute was designed to protect
Emotional distress is synonymous with
mental anguish, shock, fright
Emotional distress includes which of the following?
mental anguish; fright; grief; embarrassment
The majority of states follow
the Model Rules of Professional Conduct.
In a rent-a-judge proceeding,
the decision can be advisory or binding
Negligence may be best defined as
the failure to exercise reasonable care to avoid injuring others or their property.
Assault is best defined as
the intentional threat, show of force, or movement that could reasonably make a person feel in danger of physical attack or harmful physical contact
Which of the following is true regarding mediation?
the mediator persuades the parties to reach a settlement
Duty is defined as
the obligation to do something; obligation to not do something
In a malpractice action, the "case within a case" is
the original case.
In motor vehicle consent statutes, vicarious liability is imposed on
the owner of the vehicle for the negligence of those who drive his or her vehicle.
Under common law negligence, reasonable care is defined by
the reasonable person standard
Substantial factor analysis states that
the tortfeasor is liable for injuries to the victim when the tortfeasor's actions were a substantial factor in producing the harm.
The person committing a tort is called the
tortfeasor
Commercial disparagement involves false statements about a person's business, goods, or services.
true
Sexual harassment consists of
unwelcome sexual advances; requests for sexual favors; verbal conduct of a sexual nature; physical conduct of a sexual nature
If it were reasonably foreseeable that the injured person would use the defective product, this individual is called the ultimate
user
The statute of limitations for bringing a legal malpractice action is
varies by jurisdiction.
For the most part, medical malpractice cases are
very costly and requires expert witnesses
Respondeat superior is normally associated with which type of negligence case?
vicarious liability
Joint and several liability occurs when
multiple tortfeasors are each held individually accountable to the victim
What distinguishes fraud from misrepresentation?
n fraud, the victim surrenders something of value to the tortfeasor, which may not necessarily occur with misrepresentation.
In malpractice cases, the standard of care is commonly defined by
national standard of care
Which of the following is NOT an intentional tort
negligence
In most states, violation of a statute is
negligence per se
Mass Tort
occurs when many people are injured as a result of a single tortious act
According to the zone of danger rule,
only bystanders who are in the zone of danger can recover for negligent infliction of emotional distress.
A negligence claim is typically proven through
oral testimony; written transcripts of discovery; photos and videos
Which of the following is not a party to a products liability lawsuit?
original purchaser
Discovery is the stage in a civil proceeding where the
parties exchange information and narrow the issues
What is one of the public policy justification for absolute liabilty
people engaged in certain dangerous activities should bear the risk of liabilty
Eric and Vivian, who have been engaged for one year, build a house but refuse to obtain the necessary building permit before beginning construction. They don't want the inspector to see that they are not following code law and are using substandard, cheap materials. Two months later, after the house is sold to Georgia, the house cracks in the middle, injuringGeorgia and her dog. Georgia's attorney will have her strongest argument in claiming which of the following?
violation of a statute, and negligence per se
Spoliation of evidence is
when evidence relevant to a legal proceeding is deliberately withheld, lost, or destroyed.
In infliction of emotional distress cases, ordinary sensibilities is best defined as
whether or not a reasonable person would suffer emotional distress as a result of the tortfeasor's actions.
Proximate cause focuses on
whether the injury itself was reasonably foreseeable
Proximate cause is important to which of the following tort cases
wild animal liability; abnormally dangerous activity; vicious domestic animal cases
Ferae Naturae refers to
wild animals
A tort is
wrongful injury to a person or a person's property
Conrad parked his car on a hill. He forgot to engage the parking brake. The car slipped out of gear, rolled down the hill, and crashed into Alfred's restaurant, injuring three customers. To whom did Conrad owe a duty of reasonable care?
Alfred, the 3 customers
The duty of reasonable care is important to which of the following tort cases
Between: wild animal owner abnormal dangerous activity vicious domestic animal Answer: NONE
Which of the following is the best example of comparative negligence?
Bill is driving and fails to stop for a stop sign. Margaret is listening to music and fails to pay attention to the road and oncoming cars. Both vehicles collide.
Which of the following is not an aspect of the assumption of risk?
Breach of duty
What negligence concepts do many courts combine?
Causation and proximate cause
Which of the following is the best example of contributory negligence?
Charles is driving a car on Main Street. Robert is driving a car on State Street. At the Main/State intersection, which is a four-way stop, both cars run stop signs and collide
Which of the following topics is not associated with the scope of employment?
Coming and going rule; Frolic and detour rule; vicarious liability; respondeat superior
In which of the following does the trier-of-fact apportion liability between negligent parties to adjust the recovery?
Comparative negligence
Which of the following is NOT an element of the defense of mistake?
Conduct that would ordinarily be considered tortious
Which of the following may be used as a defense to false imprisonment?
Consent
Courts use which of the following tests to determine faulty product design?
Consumer contemplation test; danger/utility test; a state-of-the-art discoverability test
When a plaintiff violates his or her duty of reasonable care to himself or herself, and this proximately causes the plaintiff's injury, this is called
Contributory negligence
How is conversion different from trespass to chattel?
Conversion requires the tortfeasor to put the chattel to his or her own use, whereas trespass to chattel does not.
Michele runs a radiator repair service. Paul is one of her customers. Michele repaired the cracked radiator in Paul's 1963 Chevrolet Impala automobile. Paul became upset when one of Michele's employees spoke rudely to him when he came to pick up the vehicle. The next day, Paul telephoned a local radio call-in program called "This Is Your Opinion Out There." Paul told the disc jockey that Michele's business was "low class," that Michele "thought she could do better auto repair work than a man," and that he'd never again do business with a "brainless broad doing a man's job." He managed also to say that Michele "slept around with customers" before the radio station cut him off. Which type(s) of intentional tort(s), if any, has Paul committed against Michele?
Defamation (slander); Invasion of privacy (false light in the public eye); Intentional infliction of emotional distress
Samson discovered someone lurking around the back door of his house early one morning.He shouted out the window to the person, "Don't move, I see you!" and "The police are coming!" The person stood, looking puzzled, and then bent back down to look at Samson's electric meter. The person worked as a meter reader for the electric company. The meter reader then stood up and walked slowly to his truck. Samson shouted after him, "I got your license plate! The cops will track you down!" Which intentional tort(s), if any, has Samson committed against the meter reader?
No intentional torts were committed
Stephanie is walking to class in a crowded hallway at the city's community college.Suddenly and unexpectedly, the fire alarm sounds. Although the students remain calm andwalk toward the exits, one of the school's faculty panics and, in haste to escape, knocksStephanie to the ground, injuring her. Which intentional tort has occurred, if any?
No intentional torts were committed
Defense of persons or property is best illustrated by which of the following examples?
Paula is operating a compressing machine. Jenny accidentally drops her wedding ring into the compression chamber. Jenny shouts to Paula to stop the machine, but Paula ignores Jenny's plea. Jenny runs over to press the machine's emergency stop button, knocking Paula aside in the process.
Which of the following is not an example of confinement, an element of false imprisonment?
Placing armed guards outside the victim's apartment while the victim is asleep
Which of the following statements is accurate?
Police officers and citizens are never liable for the intentional torts they commit while making warrantless arrests.
Publication is an element of which intentional tort?
Slander, Libel, Defamation
Which example best illustrates conversion?
Taking someone else's bicycle from a parking rack and riding it across town
The public officer's immunity for legal process enforcement is best illustrated by which of the following examples?
Tanya, a deputy sheriff, shot the defendant's dog that attacked her after she entered the defendant's land to serve a subpoena.
Trespasses to land in which no actual harm comes to the landowner are sometimes called
Technical trespasses
Proximate cause is defined as
The "legal cause" of an accident or other injury
Which of the following is not a federal statute directed at toxic torts?
The Hazardous Materials Transportation Act; The Toxic Substances Control Act; The Nuclear Waste Disposal Delivery Act; CERCA
At common law, absolute liability can apply to domestic animals under which rule
Vicious Propensity
Which of the following is the best example of malicious prosecution?
Walter files an unfounded criminal complaint against Ted with the county prosecutor.
The foreseeable plaintiffs theory asks which of the following?
Was it reasonably foreseeable that the person hurt would be injured as a result of the tortfeasor's actions?
The reasonable person standard asks which of the following?
Whether a reasonable person in the same or similar circumstances would have acted as the tortfeasor did
A certificate of merit
is issued by a medical physician
In actions involving negligence per se, negligence
is presumed because of the tortfeasor's violation of a statute
Fraud is best defined as the tortfeasor
knowingly making false statements, or purposefully behaving, so as to deceive the victim.
Proximate cause is sometimes called
legal cause
Property that can be seen and touched, other than land, is often called
personal property; chattel
When the burden of proof shifts to the defendant, it is called the burden of
persuasion or rejoinder
Statute of Limitations - negligence
pg. 125: Many statutes specify that various negligence lawsuits must be filed within 2 years of the negligent act. -vary in number of years based on negligent act -varies by state and jurisdiction -should the SOL pass, there is no remedy
In vicarious liability, the __________ is liable for the torts of the ___________. a.
principal; agent