Question 1

The tort of defamation of character requires a plaintiff to prove that the defendant ________.

Accepted Answer

A) publicized a private fact about the plaintiff 
B) insulted people closely related to the plaintiff, such as family or friends 
C) published an untrue statement of fact about the plaintiff to a third party 
D) made one or more financial deals with the plaintiff under a false identity

Question 2

A defendant can be held liable for injuries caused by a superseding event.

Accepted Answer

A) True 
 B)False

Question 3

If a defendant makes an untrue statement of fact about the plaintiff and the statement is intentionally or accidentally published to a third party,the defendant is held liable for misappropriation of the right to publicity.

Accepted Answer

A) True 
 B)False

Question 4

Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council.But this is untrue.Is Monica liable for prosecution? Why?

Accepted Answer

The answer of Monica told a prospective patient that a...

Question 5

The violation of a statute that proximately causes an injury is termed as ________.

Accepted Answer

A) disparagement 
B) res ipsa loquitur 
C) negligence per se 
D) misappropriation

Question 6

The threat of immediate harm or offensive contact is termed as ________.

Accepted Answer

A) battery 
B) assault 
C) disparagement 
D) libel

Question 7

A threat of future harm or moral pressure is not considered false imprisonment.

Accepted Answer

A) True 
 B)False

Question 8

If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process,the nurse cannot be sued as he or she is protected by Good Samaritan statutes.

Accepted Answer

A) True 
 B)False

Question 9

John watched his brother die in a road accident.The perpetrator was driving under the influence of alcohol.John can recover damages for negligent infliction of emotional distress because of the mental trauma he suffered from watching his brother die.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following actions would make Sarah liable for battery?

Accepted Answer

A) She publishes an article asking the current U.S. President to quit because she thinks he is not doing a good job. 
B) She extends her backyard fence, encroaching on two feet of her neighbor's land. 
C) She smuggles marijuana into the country. 
D) She slaps her ex-husband because he denied her alimony.

Question 11

Explain the doctrine of strict liability with examples.

Accepted Answer

The answer of Explain the doctrine of strict liability with...

Question 12

Jessica files a frivolous lawsuit against Thomas,claiming emotional distress because he plucked flowers from her garden without her permission.The judge exonerates Thomas who can now sue Jessica for malicious prosecution.

Accepted Answer

A) True 
 B)False

Question 13

In a lawsuit for malicious prosecution,the original defendant sues the original plaintiff.

Accepted Answer

A) True 
 B)False

Question 14

If a woman is informed of her husband being run over by a bus the previous night,she can recover damages for negligent infliction of emotional distress.

Accepted Answer

A) True 
 B)False

Question 15

Intentional misrepresentation occurs when a wrongdoer deceives another person out of money,property,or something else of value.

Accepted Answer

A) True 
 B)False

Question 16

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Accepted Answer

A) Tort of outrage 
B) Tort of misappropriation 
C) Disparagement 
D) Unintentional tort

Question 17

Causation in fact refers to a point along a chain of events caused by a negligent party after which the party is no longer legally responsible for the consequences of his or her actions.

Accepted Answer

A) True 
 B)False

Question 18

If a plaintiff is injured,the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following is true about the duty of care?

Accepted Answer

A) Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property. 
B) Reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff. 
C) A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care. 
D) The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession.

Question 20

George,Jerry,and Harry are passengers on a flight from Chicago to New York.They injure their legs when their seatbelts do not fasten during take-off.The airline is sued by all three together for injuries caused,and the airline is found to be negligent and is directed by the court to pay damages to the injured parties.Which of the following parties is entitled to recover maximum damages?

Accepted Answer

A) George, a retired professor who gets a pension of $50,000 a year 
B) Jerry, a football player who earns $2 million a year 
C) Harry, a chartered accountant who earns $200,000 a year 
D) George, Jerry, and Harry

Exam 5: Intentional Torts and Negligence

The tort of defamation of character requires a plaintiff to prove that the defendant ________.

A defendant can be held liable for injuries caused by a superseding event.

If a defendant makes an untrue statement of fact about the plaintiff and the statement is intentionally or accidentally published to a third party,the defendant is held liable for misappropriation of the right to publicity.

Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council.But this is untrue.Is Monica liable for prosecution? Why?

The violation of a statute that proximately causes an injury is termed as ________.

The threat of immediate harm or offensive contact is termed as ________.

A threat of future harm or moral pressure is not considered false imprisonment.

If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process,the nurse cannot be sued as he or she is protected by Good Samaritan statutes.

John watched his brother die in a road accident.The perpetrator was driving under the influence of alcohol.John can recover damages for negligent infliction of emotional distress because of the mental trauma he suffered from watching his brother die.

Which of the following actions would make Sarah liable for battery?

Explain the doctrine of strict liability with examples.

Jessica files a frivolous lawsuit against Thomas,claiming emotional distress because he plucked flowers from her garden without her permission.The judge exonerates Thomas who can now sue Jessica for malicious prosecution.

In a lawsuit for malicious prosecution,the original defendant sues the original plaintiff.

If a woman is informed of her husband being run over by a bus the previous night,she can recover damages for negligent infliction of emotional distress.

Intentional misrepresentation occurs when a wrongdoer deceives another person out of money,property,or something else of value.

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Causation in fact refers to a point along a chain of events caused by a negligent party after which the party is no longer legally responsible for the consequences of his or her actions.

If a plaintiff is injured,the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.

Which of the following is true about the duty of care?