BLAW 2080 - Ch.6 Review Questions PDF

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BLAW 2080 - Ch.6 Review Questions...

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1 1.) The basic purpose of tort law is to punish criminal wrongdoers. a. True b. False Answer: False 2.) General Damages Answer: Intended to compensate individuals (but not companies) for the nonmonetary aspects of the harm suffered from a tort, such as pain and suffering 3.) Compensatory Damages Answer: intended to compensate or reimburse a plaintiff for actual losses 4.) Punitive Damages Answer: Awarded in tort cases to punish the wrongdoer and to deter others from similar wrongdoing 5.) Special Damages Answer: Intended to compensate the plaintiff for quantifiable monetary losses, such as medical expenses 6.) Steps toward limiting tort damages in a number of states include all of the following except: a. b. c. d.

limiting the amount of punitive damages. limiting the amount of noneconomic general damages like pain and suffering. increasing the burden of proof in negligence cases. banning punitive damages.

Answer: Increasing the burden of proof in negligence cases 7.) Which of the following are the two broad classifications of torts? Select two. a. b. c. d.

Criminal wrongs Unintentional torts Actionable torts Intentional torts

Answer: Unintentional & Intentional Torts 8.) Because an intentional tort requires intent, a harmful motive is required. a. True b. False Answer: False 9.) a. b. c. d. e.

A person who commits a tort is known as a: maladjustor. criminal. perpetuator. instigator. tortfeasor

Answer: tortfeasor 10.) A person who engages in unexcused and harmful or offensive physical contact against someone else has committed: Assault

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2 Battery Answer: Battery 11.) Assault Answer: any intentional and unexcused threat of immediate harmful or offensive contact 12.) Battery Answer: an unexcused and harmful or offensive physical contact intentionally performed 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: 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: You are made fearful of unwanted and possibly harmful contact with another person. 15.) Hank may be able to sue his neighbor Larson for____________ 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.) Which of the following is NOT slander per se? a. A statement that another has a loathsome disease (historically, leprosy and sexually transmitted diseases, but now also including allegations of mental illness). b. A statement that another has committed improprieties while engaging in a business, profession, or trade. c. A statement that another has committed or has been imprisoned for a serious crime. d. A statement that another has engaged in unwelcome construction of a residence or commercial property. Answer: 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: The misrepresentation of opinions. 19.) Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship? a. A valid, enforceable contract must exist between two parties

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3 b. A third party must be aware that the contract exists c. A third party must unintentionally cause one of the parties to break the contract Answer: A third party must unintentionally cause one of the parties to break the contract 20.) A house adjacent to a lake is an example of Answer: Real Property 21.) ______________ requires that a person enter onto, above, or below the land surface owned by another, or remain on the land owned by another. Answer: Trespass to land 22.) A real property owner must establish that a person is a ________. A guest in your home is typically not a trespasser. Answer: trespasser 23.) Trespass to land has nothing to do with obtaining permission for use of that 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: trespass to land 25.) 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 26.) 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 27.) 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: Temporarily borrowing a friend's textbook and then returning it. 28.) Disparagement of Property Answer: Occurs when economically injurious falsehoods are made about another's property 29.) Slander of title Answer: Publishing false information about another's legal ownership of property that results in financial loss to the property's

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4 owner 30.) 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: slander of title 31.) 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. singular damages. c. special damages. d. punitive damages. Answer: special damages. 32.) _____________ compensate plaintiffs for quantifiable monetary losses, such as the loss of irreplaceable items and the costs of repairing or replacing damaged property. Answer: Special damages 33.) 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. uphold the damage award as proportional to the harm. c. refuse to review the issue because the court cannot overturn jury awards. d. uphold the damage award as serving a legitimate purpose. Answer: overturn the punitive damage award as grossly excessive. 34.) When an award of punitive damages is ________, it furthers no legitimate purpose and violates due process requirements. Answer: grossly excessive 35.) 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 assault only. b. for battery only. c. for assault and battery. d. only if Nate can prove Ethan's motive. Answer: for assault and battery. 36.) Nate may file a lawsuit for both assault and battery. Ethan created a reasonable apprehension of immediate harmful contact _______, then intentionally struck Nate ________. The resulting injury was not a necessary element to either tort, but will contribute to the value of Nate's recovery. Answer: (assault), (battery) 37.) 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. be successful because Wilhelm committed false imprisonment.

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5 d. not be successful because Wilhelm is his roommate. Answer: not be successful because threats of future harm do not constitute false imprisonment. 38.) __________ do not constitute false imprisonment. It is essential that the person lose the freedom to move without restraint in order to prove false imprisonment. Answer: Threats of future harm 39.) 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. battery. b. infliction of emotional distress. c. libel. d. violations of the First Amendment. Answer: Infliction of emotional distress 40.) The _________ may occur whenever a person sees, hears, or experiences trauma. Answer: infliction of emotional distress 41.) 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. b. c. d.

Fraud Appropriation Libel Slander per se

Answer: Slander per se 42.) __________ is a false statement made about a person, the subject of which would tend to expose that person to public ridicule or scorn. Answer: Slander per se 43.) 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. wrongful interference with a business relationship. b. defamation. c. appropriation. d. conversion. Answer: Appropiation 44.) __________occurs when someone uses another person's identifying characteristics without permission. Answer: Appropriation 45.) 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: Answer: trespass to land 46.) __________ occurs any time a person permits something to enter onto or remain on land that belongs to another person without the landowner's permission.

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