Question 1

________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Accepted Answer

A)  Retaliatory
B)  Nominal
C)  Compensatory
D)  Revenge
E)  PunitiveF) C) and D)
G) C) and E)

Question 2

Which of the following would constitute false imprisonment?

Accepted Answer

A)  Threatening to use immediate physical force to detain someone;physical restraint,such as tying someone to a chair;or moral pressure;but not refusing to release property.
B)  Physical restraint,such as tying someone to a chair,but not threatening to use immediate physical force to detain someone,refusing to release property,or moral pressure.
C)  Physical restraint and threatening to use immediate physical force,but not refusing to release property or moral pressure.
D)  Threatening to use immediate physical force to detain someone;refusing to release property;or physical restraint,such as tying someone to a chair;but not moral pressure.
E)  Threatening to use immediate physical force to detain someone;refusing to release property;physical restraint,such as tying someone to a chair;and moral pressure.F) A) and B)
G) A) and C)

Question 3

Proving that consent occurred is a defense to battery.

Accepted Answer

A) True 
 B)False

Question 4

What did the court rule in regard to the plaintiff's claim of intentional infliction of emotional distress in Olson v.CenturyLink,the case in the text in which the plaintiff alleged that representatives of the defendant,a provider of telephone services,wrongly failed to process his application,disconnected his telephone service,and hung up on him during telephone conversations?

Accepted Answer

A)  That the plaintiff would be allowed to proceed as to all allegations because they were all adequate to support a verdict based on the intentional infliction of emotional distress.
B)  That the plaintiff's complaint regarding the refusal to process his application was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
C)  That the conduct complained of by the plaintiff failed to meet the level of conduct required for a finding of the intentional infliction of emotional distress.
D)  That the plaintiff's complaint regarding representatives hanging up on him were sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
E)  That the plaintiff's complaint regarding the disconnection of his telephone service was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.F) A) and E)
G) B) and E)

Question 5

Tort law is primarily state law.

Accepted Answer

A) True 
 B)False

Question 6

[Hair Stylist Woes] Ryan,a college student,went to see his hair stylist,Melissa.Ryan,who had black,curly hair,requested straight,blond hair.Melissa told him that she could make those changes,but that there would be significant upkeep involved.Melissa made the changes,but Ryan did not do the upkeep required.Ryan proceeded to falsely claim that Melissa did not do what Ryan asked her to do,that Melissa lied to him,and that Melissa was professionally incompetent.Ryan made the statements about Melissa to friends of his.He also wrote a letter to his college newspaper saying that Melissa's shop should be avoided at all costs because Melissa was incompetent.In fact,Melissa was a good hair stylist and enjoyed a good reputation up until the time that Ryan started his criticism.Melissa threatened to sue Ryan for defamation,but Ryan told Melissa that she could not prevail because she could not prove loss of income.Melissa had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated,the damage was primarily among the college population.Her income kept increasing from other segments of the community,and she had suffered no net loss.All her appointment times were booked for weeks ahead.
-Which of these apply to the defamation printed in the school newspaper?

Accepted Answer

A)  No tort was committed because an editorial,not a formal news report,was involved.
B)  It is libel but not slander.
C)  No tort was committed because the falsehood involved matters of appearance,not business-related matters.
D)  It is slander but not libel.
E)  It is both libel and slander.F) None of the above
G) B) and D)

Question 7

A reporter receives information from several highly credible sources that a famous actress is pregnant and that the father of the baby is not her husband.The story is later proved untrue.The actress sues for defamation.Is she likely to be successful?

Accepted Answer

A)  No,because the allegations would be unlikely to damage a person's reputation.
B)  Yes,because pregnancy is a private matter even for public figures.
C)  Yes,because the printed story would be likely to damage the reputation of the actress.
D)  No,because the reporter did not act with actual malice.
E)  Yes,because the printed story turned out to be untrue.F) C) and D)
G) A) and D)

Question 8

Kyle plans to punch Patrick.He calls Patrick and tells him he will punch him tomorrow at 4:00 PM.At 2:00 PM the next day,Kyle sneaks up behind Patrick.Patrick does not see Kyle coming,but Kyle punches him in the back of the head.What torts did Kyle commit?

Accepted Answer

A)  Neither assault nor battery.
B)  Battery only.
C)  Assault and battery.
D)  Assault only
E)  Assault,battery,and strict liability.F) None of the above
G) A) and E)

Question 9

A very wealthy defendant intentionally assaults his butler.The butler sues and the wealthy defendant is found to have committed a tort.The court decides to award punitive damages.In determining the amount of punitive damages,what are some factors that will be taken into account?

Accepted Answer

A)  The fact the defendant is wealthy and that the victim was an employee.
B)  The wealth disparity between the butler and the wealthy defendant.
C)  The severity of the defendant's conduct and the fact the victim was an employee.
D)  The severity of the wrongful conduct and the wealth of the defendant.
E)  The length of service the butler provided to the defendant and the wealth of the defendant.F) None of the above
G) A) and E)

Question 10

If a court awards $1 million to compensate an injured plaintiff for medical bills,loss of wages,and pain and suffering,this is an example of compensatory damages.

Accepted Answer

A) True 
 B)False

Question 11

The use of moral pressure is insufficient to establish false imprisonment.

Accepted Answer

A) True 
 B)False

Question 12

Does a conditional privilege apply when a defamatory statement is made on the Internet?

Accepted Answer

A)  Yes,because the person defamed can respond with minimal effort.
B)  No,because conditional privilege applies only to the spoken word.
C)  No,because no such privilege has been established under the law.
D)  Yes,because the person defamed can respond in the same format.
E)  Yes,because everyone knows statements on the Internet are untrue.F) B) and E)
G) A) and D)

Question 13

Which type of tort is the most willful of torts?

Accepted Answer

A)  Intentional torts.
B)  Strict liability torts.
C)  Assault and battery.
D)  Slander.
E)  Negligence torts.F) A) and B)
G) None of the above

Question 14

Penny points a gun at Jose and threatens to shoot him.Jose is very brave and not frightened.The police arrive and Penny is arrested without shooting Jose.What tort did Penny commit?

Accepted Answer

A)  Assault and battery
B)  Assault only
C)  Battery only
D)  Assault,battery,and strict liability
E)  Penny's conduct does not constitute an assault because Joe was not afraid.F) A) and D)
G) D) and E)

Question 15

List the four purposes of tort law and discuss whether you believe that additional tort reform should occur.

Accepted Answer

Tort law's four purposes include compens...

Question 16

In a defamation action,privilege is an affirmative defense.

Accepted Answer

A) True 
 B)False

Question 17

Why does public figure privilege exist?

Accepted Answer

A)  To discourage discussion about politicians so democracy can function in a more orderly fashion.
B)  To encourage free discussion about public figures.
C)  To prevent people from making a profit by slandering public figures.
D)  To give special protections from defamation to public figures since they are in the public eye and their reputations matter more to them than the average person.
E)  To allow people to make up stories about politicians and celebrities because these public figures are people of interest to the public.F) All of the above
G) B) and C)

Question 18

Defense of property cannot be a defense to a claim of battery.

Accepted Answer

A) True 
 B)False

Question 19

An) ________ occurs when one person places another in fear or apprehension of an immediate,offensive bodily contact.

Accepted Answer

A)  Strict responsibility
B)  Assault and battery
C)  Negligence
D)  Battery
E)  AssaultF) A) and E)
G) A) and B)

Question 20

Which statement is true of the term "tort"?

Accepted Answer

A)  It is an English word meaning "negligence."
B)  It is a Latin word meaning "misfeasance."
C)  It is a civil law term meaning "liability."
D)  It is a French word meaning "wrong."
E)  It is a German word meaning "mistake."F) B) and E)
G) C) and E)

Exam 8: Tort Law

List the four purposes of tort law and discuss whether you believe that additional tort reform should occur.

Correct Answer
verified
Tort law's four purposes include compens...
View Answer

Penny points a gun at Jose and threatens to shoot him.Jose is very brave and not frightened.The police arrive and Penny is arrested without shooting Jose.What tort did Penny commit?

Correct Answer
verified

Defense of property cannot be a defense to a claim of battery.

Correct Answer
verified

Correct Answer
verified

An) ________ occurs when one person places another in fear or apprehension of an immediate,offensive bodily contact.

Correct Answer
verified

Why does public figure privilege exist?

Correct Answer
verified

Which of the following would constitute false imprisonment?

Correct Answer
verified

A reporter receives information from several highly credible sources that a famous actress is pregnant and that the father of the baby is not her husband.The story is later proved untrue.The actress sues for defamation.Is she likely to be successful?

Correct Answer
verified

Which type of tort is the most willful of torts?

Correct Answer
verified

If a court awards $1 million to compensate an injured plaintiff for medical bills,loss of wages,and pain and suffering,this is an example of compensatory damages.

Correct Answer
verified

The use of moral pressure is insufficient to establish false imprisonment.

Correct Answer
verified

Which statement is true of the term "tort"?

Correct Answer
verified

Tort law is primarily state law.

Correct Answer
verified

________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Correct Answer
verified

Does a conditional privilege apply when a defamatory statement is made on the Internet?

Correct Answer
verified

A very wealthy defendant intentionally assaults his butler.The butler sues and the wealthy defendant is found to have committed a tort.The court decides to award punitive damages.In determining the amount of punitive damages,what are some factors that will be taken into account?

Correct Answer
verified

Correct Answer
verified

Proving that consent occurred is a defense to battery.

Correct Answer
verified

In a defamation action,privilege is an affirmative defense.

Correct Answer
verified

Kyle plans to punch Patrick.He calls Patrick and tells him he will punch him tomorrow at 4:00 PM.At 2:00 PM the next day,Kyle sneaks up behind Patrick.Patrick does not see Kyle coming,but Kyle punches him in the back of the head.What torts did Kyle commit?

Correct Answer
verified

Exam 8: Tort Law

List the four purposes of tort law and discuss whether you believe that additional tort reform should occur.

Correct AnswerverifiedTort law's four purposes include compens...View AnswerShow Answer

Penny points a gun at Jose and threatens to shoot him.Jose is very brave and not frightened.The police arrive and Penny is arrested without shooting Jose.What tort did Penny commit?

Correct AnswerverifiedShow Answer

Defense of property cannot be a defense to a claim of battery.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

An) ________ occurs when one person places another in fear or apprehension of an immediate,offensive bodily contact.

Correct AnswerverifiedShow Answer

Why does public figure privilege exist?

Correct AnswerverifiedShow Answer

Which of the following would constitute false imprisonment?

Correct AnswerverifiedShow Answer

A reporter receives information from several highly credible sources that a famous actress is pregnant and that the father of the baby is not her husband.The story is later proved untrue.The actress sues for defamation.Is she likely to be successful?

Correct AnswerverifiedShow Answer

Which type of tort is the most willful of torts?

Correct AnswerverifiedShow Answer

If a court awards $1 million to compensate an injured plaintiff for medical bills,loss of wages,and pain and suffering,this is an example of compensatory damages.

Correct AnswerverifiedShow Answer

The use of moral pressure is insufficient to establish false imprisonment.

Correct AnswerverifiedShow Answer

Which statement is true of the term "tort"?

Correct AnswerverifiedShow Answer

Tort law is primarily state law.

Correct AnswerverifiedShow Answer

________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Correct AnswerverifiedShow Answer

Does a conditional privilege apply when a defamatory statement is made on the Internet?

Correct AnswerverifiedShow Answer

A very wealthy defendant intentionally assaults his butler.The butler sues and the wealthy defendant is found to have committed a tort.The court decides to award punitive damages.In determining the amount of punitive damages,what are some factors that will be taken into account?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Proving that consent occurred is a defense to battery.

Correct AnswerverifiedShow Answer

In a defamation action,privilege is an affirmative defense.

Correct AnswerverifiedShow Answer

Kyle plans to punch Patrick.He calls Patrick and tells him he will punch him tomorrow at 4:00 PM.At 2:00 PM the next day,Kyle sneaks up behind Patrick.Patrick does not see Kyle coming,but Kyle punches him in the back of the head.What torts did Kyle commit?

Correct AnswerverifiedShow Answer

Correct Answer
verified
Tort law's four purposes include compens...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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