Exam 5: Intentional Torts and Negligence

Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.

If a lawyer fails to file a document with the court on time,causing his client's case to be dismissed,he would be liable for ________.

Which of the following is an intentional tort?

Making false statements about a competitor's products,services,property,or business reputation could make a company liable for ________.

An actor wins a part in a play over another actor.To get back at the selected actor,the rejected actor files a lawsuit against the selected actor alleging intentional infliction of emotional distress,defamation,and negligence.The jury returns a verdict exonerating the defendant.The defendant is now entitled to sue the plaintiff for ________.

Reasonable person standard is a test used to determine whether a tort is intentional or unintentional.

How is assault different from battery?

The violation of a statute that proximately causes an injury is termed as negligence per se.

Harvey was at his college reunion where he met Raymond,his former roommate.Harvey and Raymond did not get along well at the reunion.Offended by something Raymond mentioned,Harvey punched him in the face,which broke his jaw.Harvey is liable for ________.

A homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured.

A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign.The jury finds that the driver holds 80 percent of the responsibility for the accident and the jaywalker holds 20 percent of the responsibility.The pedestrian suffered $100,000 in injuries.If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases,the pedestrian is entitled to recover ________.

Res ipsa loquitur switches the burden to the plaintiff to prove that the defendant was negligent.

If a defendant's act caused a plaintiff's injuries,there is causation in fact.

A participant in an activity covered by strict liability laws will be held liable for any injuries caused by the activity,even if he or she was not negligent.

What is meant by "causation in fact"?

Throwing a lit match on the ground in the forest and causing a fire is a breach of ________.

A lawyer who fails to file a document with the court on time,causing the client's case to be dismissed is liable for legal malpractice.

Punitive damages are awarded only when there is no gross negligence.

Direct physical contact,such as intentionally hitting someone with a fist,is considered battery.

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.