The Basic Purpose of Tort Law is to Punish Criminal Wrongdoers

1 1.) The basic purpose of tort law is to punish criminal wrongdoers. Answer: False 2.) Compensatory Damages Answer: intended to compensate or reimburse a plaintiff for actual losses 3.) Special Damages Answer: Intended to compensate the plaintiff for quantifiable monetary losses, such as medical expenses. 4.) Punitive Damages Answer: Awarded in tort cases to punish the wrongdoer and to deter others from similar wrongdoing. 5.) General Damages Answer: Intended to compensate individuals (but not companies) for the non-monetary aspects of the harm suffered from a tort, such as pain and suffering 6.) Steps toward limiting tort damages in a number of states include all of the following except: a. limiting the amount of punitive damages. b. limiting the amount of noneconomic general damages like pain and suffering. c. increasing the burden of proof in negligence cases. d. banning punitive damages. Answer: c. increasing the burden of proof in negligence cases. 7.) Which of the following are the two broad classifications of torts? Select two. a. Criminal wrongs b. Unintentional torts c. Actionable torts d. Intentional torts Answer: b. Unintentional torts d. Intentional torts 8.) Because an intentional tort requires intent, a harmful motive is required. a. True b. False Answer: b. False 9.) A person who commits a tort is known as a: a. maladjustor. b. criminal. c. perpetuator. d. instigator. e. tortfeasor. Answer: e. tortfeasor. 10.) A person who engages in unexcused and harmful or offensive physical contact against someone else has committed: assault battery false imprisonment conversion Answer: battery 1 2 11.) any intentional and unexcused threat of immediate harmful or offensive contact Answer: Assault 12.) an unexcused and harmful or offensive physical contact intentionally performed Answer: Battery 13.) Stiles is much stronger than Ben. He threatens to beat Ben, then punches him in the face, and knocks out a tooth. Ben will probably bring a lawsuit against Stiles: a. for assault only, because Ben got a tooth knocked out. b. for battery only, because Ben got his tooth knocked out. c. for assault and battery, because there was both a threat and a harmful action. Answer: c. for assault and battery, because there was both a threat and a harmful action. 14.) Which of the following has nothing to do with false imprisonment? a. Intentional confinement or restraint of another person's activities without justification. b. An interference with the freedom to move without constraint. c. You are made fearful of unwanted and possibly harmful contact with another person. Answer: c. You are made fearful of unwanted and possibly harmful contact with another person. 15.) Hank may be able to sue his neighbor Larson for (infliction of emotional libel, assault, battery, infliction of emotional distress) if Larson sends Hank a text message telling him that his wife was killed in a car accident even though Hank knew that was untrue. Answer: infliction of emotional distress 16.) Defamation (libel or ______) consists of a false statement of fact, not made under __________, that is communicated to a third person and that causes damage to a person's reputation. For public figures, the plaintiff must also prove that the statement was made with actual __________. Invasion of privacy is publishing or otherwise making known or using information relating to a person's _________ life and affairs, with which the public has no legitimate concern, without that person's ______________ or approval. Answer: slander; privilege; malice; private; permission 17.) a. A also b. A c. A d. A Which of the following is NOT slander per se? statement that another has a loathsome disease (historically, leprosy and sexually transmitted diseases, but now including allegations of mental illness). statement that another has committed improprieties while engaging in a business, profession, or trade. statement that another has committed or has been imprisoned for a serious crime. statement that another has engaged in unwelcome construction of a residence or commercial property. Answer: d. A statement that another has engaged in unwelcome construction of a residence or commercial property. 18.) Which of the following is not an element of fraudulent misrepresentation? a. An intent to induce another to rely on the misrepresentation. b. The misrepresentation of opinions. c. Justifiable reliance by the deceived party. d. Damage suffered as a result of the reliance. Answer: b. The misrepresentation of opinions. 19.) a. A b. A c. A Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship? valid, enforceable contract must exist between two parties third party must be aware that the contract exists third party must unintentionally cause one of the parties to break the contract Answer: c. A third party must unintentionally cause one of the parties to break the contract 2 3 20.) A house adjacent to a lake is an example of Answer: real property 21.) Trespass to land requires that a person __________ onto, above, or below the land surface owned by another, or _________ on the land owned by another. Answer: establish, not 22.) Trespass to land has nothing to do with obtaining permission for use of that land. a. True b. False Answer: False 23.) Jack sees an injured person lying on Frank's property. Jack crosses Frank's property to rescue the injured person. Jack has committed trespass to land. A. True b. False Answer: False 24.) You are given permission to use Alvie's land for a one-day, all-terrain vehicle event. Your truck breaks down during the event, so you leave it on Alvie's property. Most likely you have committed: a. trespass to personal property. b. trespass to land, but you have a complete defense. c. trespass to land. Answer: c. trespass to land. 25.) When you borrow a friend's tablet device and refuse to give it back, you have committed trespass to land. a. True b. False Answer: False 26.) Which of the following acts normally does not constitute a conversion? a. The taking of electronic records and data without the owner's permission. b. Temporarily borrowing a friend's textbook and then returning it. c. Mistakenly believing that you are entitled to goods that are not your own. Answer: b. Temporarily borrowing a friend's textbook and then returning it. 27.) Disparagement of Property Answer: occurs when economically injurious falsehoods are made about another's product or property 28.) Slander of Title Answer: Publishing false information about another's legal ownership of property that results in financial loss to the property's owner 29.) Jane publishes a newsletter casting into doubt Eliza's ownership of her land. Jane has arguably committed: a. slander of quality. b. trade libel. c. slander of title. Answer: c. slander of title. 30.) The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeasor does NOT wish to bring about the consequence of the act, nor does she or he believe it will occur. a. True b. False 3 4 Answer: a. True 31.) Which of the following is NOT an element of negligence? a. Intent b. Duty c. Breach d. Causation e. Damages Answer: a. Intent 32.) A breach of the duty of care can be an ________ or an ________. Answer: an act; an omission 33.) The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act. a. True b. False Answer: a. True 34.) Those who enter retail premises are called business _________. Storeowners must warn business invitees of _________ risks. A landowner has a duty to discover and remove any ___________ dangers to customers or other invitees. When risks are _________ owners need not warn of them. Answer: invitees; foreseeable; hidden; obvious 35.) An attorney's courtroom conduct would be judged by the reasonable person standard if that attorney was sued for negligently representing a client. a. True b. False Answer: b. False 36.) Which of the following questions does a court NOT ask to determine whether the requirement of causation is met? a. Is there causation in fact? b. Was there intent? c. Was the act the proximate cause of the injury? Answer: b. Was there intent? 37.) You accidentally bump into someone on the sidewalk and that person falls but is unharmed. Nonetheless, that person usually can successfully sue you for damages. a. True b. False Answer: b. False 38.) __________ ____________ statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations. ______-shop acts impose liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar. Answer: Good Samaritan; Dram 39.) Assumption of risk does NOT require: a. seeking out the riskiest activities. b. knowledge of the risk. c. voluntary assumption of the risk. Answer: a. seeking out the riskiest activities. 4 5 40.) An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event. a. True b. False Answer: True 41.) Comparative Negligence Answer: A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence. 42.) Contributory Negligence Answer: A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. No matter how insignificant the plaintiff's negligence was relative to the defendant's negligence, the plaintiff is precluded from recovering any damages. 43.) Modern Railways Co. operates a cargo railroad service between New York and Boston. A train owned by Modern Railways derails due to a maintenance problem. The train collides with a delivery truck owned by CraftCo, shattering $100,000 worth of porcelain inside. If CraftCo sues Modern Railways Co. for negligence, CraftCo may be able to recover: a. general damages. b. special damages. c. punitive damages. d. singular damages. Answer: d. special damages. 44.) Special damages Answer: compensate the plaintiff for quantifiable monetary losses, such as the loss of irreplaceable items and the costs of repairing or replacing damaged property 45.) Melissa's tugboat accidentally collides with Tyler's yacht, and Tyler sues Melissa for negligence. A federal jury finds Melissa liable and awards Tyler $5,000 in compensatory damages as well as $50 million in punitive damages. Melissa appeals to the United States Supreme Court, challenging the punitive damages award. If the Supreme Court heard the case, it would likely: a. overturn the punitive damage award as grossly excessive. b. refuse to review the issue because the court cannot overturn jury awards. c. uphold the damage award as serving a legitimate purpose. d. uphold the damage award as proportional to the harm. Answer: a. overturn the punitive damage award as grossly excessive. 46.) When an award of ________ ________ is grossly excessive, it furthers no legitimate purpose and violates due process requirements. Answer: punitive damages 47.) Ethan is larger and stronger than Nate. Ethan threatens to beat Nate, punches Nate in the face, and knocks out Nate's tooth. Nate may bring a lawsuit against Ethan: a. for battery only. b. only if Nate can prove Ethan's motive. c. for assault only. d. for assault and battery. Answer: d. for assault and battery 48.) Nate (may/may not) file a lawsuit for both assault and battery. 5 6 Answer: may because Ethan created a reasonable apprehension of immediate harmful contact (assault), then intentionally struck Nate (battery). The resulting injury was not a necessary element to either tort, but will contribute to the value of Nate's recovery. 49.) Wilhelm has an argument with his apartment roommate, Arthur. Wilhelm tells Arthur that if he leaves their apartment, Wilhelm will lock Arthur in his room when he returns. Arthur, frustrated with Wilhelm, leaves the apartment to take a walk. If Arthur were to sue Wilhelm for false imprisonment, Arthur would most likely: a. be successful because Arthur suffered emotional distress. b. not be successful because threats of future harm do not constitute false imprisonment. c. not be successful because Wilhelm is his roommate. d. be successful because Wilhelm committed false imprisonment. Answer: b. not be successful because threats of future harm do not constitute false imprisonment. 50.) Threats of future harm do not constitute false imprisonment. It is essential that the person lose the freedom to move without restraint in order to prove false imprisonment. a. True b. False Answer: a. True 51.) Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to successfully sue Mel for: a. libel. b. infliction of emotional distress. c. battery. d. violations of the First Amendment. Answer: b. infliction of emotional distress 52.) Infliction of emotional distress Answer: The infliction of emotional distress may occur whenever a person sees, hears, or experiences trauma. 53.) Stephanie stands in front of her home with a bullhorn shouting that her new neighbor, Kyle, has just been released from prison for child molestation. Stephanie knows this statement is false. Under what legal theory may Kyle recover damages from Stephanie? a. Slander per se b. Fraud c. Appropriation d. Libel Answer: ... 54.) Slander per se Answer: slander involving false statements about sexual behavior, crimes, contagious diseases, and professional abilities 55.) Mark is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Mark, to host a competing show. MoreTalk encourages Gordon to imitate Mark as closely as possible while on the air. MoreTalk is most likely to be liable for: a. conversion. b. wrongful interference with a business relationship. c. defamation. d. appropriation. Answer: d. appropriation 56.) Appropriation 6 7 Answer: the act of setting apart something for its application to a particular usage, to the exclusion of all other uses. 57.) Doug obtains permission to be on Nathan's land for one day to hold a four-wheeling event. Doug's truck breaks down, and instead of removing it, he leaves it on Nathan's property for several days after the event. Doug has most likely committed: a. trespass to personal property. b. no tort. c. trespass to land. d. trespass, but he has a complete defense. Answer: c. trespass to land 58.) Trespass to Land Answer: to be on the land of another without right or permission of the owner (property) 59.) Abigail takes Julie's laptop without her permission, and when she returns it a week later, it is obvious it has been damaged. Abigail has probably committed the tort of: a. trespass to personal property. b. trespass to land. c. disparagement of property. d. slander of title. Answer: a. trespass to personal property 60.) Ted is running down the sidewalk at a high rate of speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except: a. breach. b. causation. c. damages. d. duty. Answer: c. damages 61.) While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory where they become lost. While climbing the mountain as part of the rescue effort, a snowplow accidentally cuts a nearby town's main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders' negligence in ignoring the warning signs is: a. not the cause of Ethel's death. b. the causation in fact, but not the proximate cause, of Ethel's death. c. the superseding cause of Ethel's death. d. the proximate cause of Ethel's death. Answer: b. the causation in fact, but not the proximate cause, of Ethel's death. 62.) Jason is rushed to State General Hospital after a severe car accident. Brenda, a skilled emergency physician, rushes to Jason's aid. She immediately applies the latest knowledge in medical care and makes repeated attempts to alleviate Jason's injuries. After three hours of efforts by Brenda and her staff, Jason dies from his injuries. Jason's estate sues Brenda for negligence. Jason's estate will most likely: a. not prove negligence because Brenda exercised a standard level of professional knowledge and ability in treating Jason. b. not prove negligence because Brenda had no duty of care to Jason. c. prove negligence because Jason died at the hospital. d. prove negligence because Brenda possessed superior knowledge as a physician. Answer: a. not prove negligence because Brenda exercised a standard level of professional knowledge and ability in treating Jason 63.) Negligence 7 8 Answer: failure to take proper care in doing something 64.) Baylee is driving her friend Sarah to the movies. Baylee loses control of the car and crashes into a fence. The vehicle's airbags deploy, and both Sarah and Baylee are shaken up, but not physically injured. Sarah threatens to sue Baylee for negligence. Sarah's lawsuit is likely to be: a. successful, because Baylee owed Sarah a duty of care. b. successful, because Baylee was negligent. c. unsuccessful, because Sarah was not injured. d. unsuccessful, because Sarah was also negligent. Answer: c. unsuccessful, because Sarah was not injured 65.) Adam sells audio and video equipment. He tells a customer, Abbey, "This MP3 player is the best one ever made." Adam's statement is: a. fact. b. puffery. c. appropriation. d. fraudulent misrepresentation. Answer: b. puffery 66.) Puffery Answer: A salesperson's exaggerated claims concerning the quality of goods offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties. 67.) The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years. Bob, the soccer coach, tells the team members that they must now train with Martin, not Hanson, or they will be kicked off the team. All of Hanson's clients immediately stop training with Hanson. Bob is most likely to have committed: a. slander. b. conversion. c. no tort. d. wrongful interference with a business relationship Answer: d. wrongful interference with a business relationship 68.) Orson takes Harrison's car without Harrison's permission and without just cause. Orson has probably committed the tort of conversion unless he can show that: a. the car was worth less than $500. b. he mistakenly believed he owned the car. c. Harrison does not really own the car. d. he returned the car undamaged within 24 hours. Answer: c. Harrison does not really own the car. 69.) Justin is the accountant for a trucking company. A driver, Andrew, holds a gun to Justin's head and forces him to steal from the company. Justin falsifies records, obtains cash, and gives it to Andrew. If criminal charges are brought against Justin, he can assert the defense of Answer: duress 70.) Vince relies on his computer skills to have enough money to attend college. He breaks into computer systems to transfer funds to his own accounts. He occasionally gets paid by other students for breaking into the university's computers to alter their grades. Vince is what is commonly referred to as a Answer: hacker 71.) Gage and his brother Richard have robbed several stores. When they attempt to rob Al's Deli, Al shoots Richard in 8 9 the foot. Richard is caught and arrested. Gage continues committing crimes, and Richard is offered immunity in return for testifying against his brother. If Richard accepts Answer: his testimony will not be used against him. 72.) Cory opens a small jewelry store but has difficulty competing with Bling Jewels, a much larger firm. In his newspaper ad, Cory includes the false statement, "Bling Jewels sells stolen diamonds." Bling experiences an immediate decrease in sales. Cory has most likely committed the tort of: a. slander of quality. b. wrongful interference with a contractual relationship. c. slander of title. d. malice. Answer: c. slander of title. 73.) John becomes seriously ill while vacationing at a remote island resort. Dr. Smith is vacationing at the same resort. Because it is an emergency and no one else is available, the doctor treats John until he can be flown to the mainland. John's illness is outside of Dr. Smith's area of expertise, and the treatment she provides causes permanent damage to Frank. If John sues Dr. Smith, she can defend herself under: a. the "danger invites rescue" doctrine. b. Good Samaritan statutes. c. dram shop acts. d. the theory of res ipsa loquitur. Answer: b. Good Samaritan statutes. 74.) Good Samaritan Answer: a person who voluntarily offers help or sympathy in times of trouble 75.) Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing, a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of: a. assumption of the risk. b. consent. c. transferred intent. d. negligence per se. Answer: a. assumption of the risk. 76.) Bob, a guest at a hotel, reached into the front seat of the hotel limousine to get his briefcase. He supported himself by placing his left hand on the center pillar to which the rear door was hinged. A hotel employee closed the rear door, smashing Bob's hand. A part of Bob's left index finger later had to be amputated. Bob filed a negligence lawsuit against the hotel in a state that adopted a "pure" form of comparative negligence. In this case, the court most likely would find that: a. Bob contributed to his injury and apportion his damages. b. Bob did not contribute to his injury and award him full damages. c. Bob did not contribute to his injury and apportion his damages. d. Bob contributed to his injury and award him nothing in damages. Answer: a. Bob contributed to his injury and apportion his damages. 77.) Assume that in the relevant jurisdiction, contracts with clauses restricting working for competitors for more than six months are deemed illegal and unenforceable. Wrongful interference with a contractual relationship requires the existence of (a contract, an enforceable contract), third party (knowledge, ignorance) , and (intentional inducement, accidental inducement, voluntary breach) Answer: an enforceable contract, knowledge, intentional inducement 9 10 78.) Given these facts, the element of (the existence of a valid contract, third-party knowledge, intentional inducement) is missing from wrongful interference with a contractual relationship exist. Answer: the existence of a valid contract 79.) Given these facts, St. Jude likely (is/is not) liable for wrongful interference with a contractual relationship. Answer: is not 10