Q&A Hero

Q: In addition to demonstrating actual emotional distress, if a third party wants to recover for negligent infliction of emotional distress, the plaintiff must show that: A. the emotional distress caused to the witness did not result in physical symptoms or injuries. B. the third party is at least distantly related to the victim. C. the third party actually witnessed the injury when it occurred. D. the emotional distress caused to the witness is so serious that he/she may not recover from it.

Q: Penny had negligently left marbles on the steps of her house. When Bijou came to visit, she broke her leg by slipping on those marbles and severely damaged her spine. While in the hospital recovering from her fall, her body being weak from all the antibiotics, she readily contracted a viral infection. Under these circumstances, Penny is liable: A. only for Bijou's viral infection. B. only for the damage to Bijou resulting from her fall. C. for injuries sustained by her and also for the viral infection. D. for neither problem because Bijou should have been careful.

Q: Negligent persons are generally held jointly liable (along with the negligent physician) for negligent medical care their victims receive for their injuries. This is true according to: A. the general causation rules B. res ipsa loquitur C. negligence per se D. comparative negligence

Q: Emmie worked late nights at a convenience store. The store had been robbed several times. One night Emmie discovered that the "emergency alert" security system was not working. The owner of the store told her that he would have the system repaired promptly. Nevertheless, a month went by before the system was repaired. In the meantime, the store was robbed while Emmie was working and, in the course of the robbery, the perpetrator broke Emmie's leg. Under these circumstances, Emmie may: A. recover from the store owner because the harm was foreseeable. B. recover from the robber as her injury was the proximate result of his actions. C. recover under the doctrine of strict liability. D. recover only a limited amount on the grounds of emotional distress.

Q: An intervening force, which happens after the defendant's negligent act and contributes to the plaintiff's injury, can excuse the defendant from liability if: A. it was unreasonable. B. it was proximate. C. it was unforeseeable. D. it was highly extraordinary.

Q: Which of the following is a general negligence causation rule? A. The defendant is liable for the full extent of the injuries of a person even if some physical peculiarity of that person aggravated his/her injuries. B. The defendant is liable for those who do not make reasonable attempts to avoid being injured by his/her acts. C. The defendant is not liable for those who are injured while making a reasonable attempt to rescue someone endangered by his/her act. D. The defendant is generally not held liable for diseases the victims contract while weakened by their injuries.

Q: Tosca took his friend Scarpia to the amusement park for a roller coaster ride. Due to the intensity of the ride, Scarpia, who had an especially weak heart, died of a heart attack there. This would be considered an act of negligence in accordance with the concept of: A. proximate cause. B. negligence per se. C. breach of duty. D. principles of causation.

Q: If Harry's negligent act injures Sally, and Susan, while attempting to come to Sally's aid breaks her arm in the process then, Harry is liable for the harm to __. A. Sally only B. Susan only C. both Sally and Susan D. neither Sally nor Susan

Q: Jose, a migrant worker who lived in a mobile home with six other workers, died in a fire in the home. The smoke alarm did not go off, and he was trapped in the bedroom. The state had a law that required dwellings to be equipped with smoke detectors and that they be maintained. Jose's widow can sue the owner of the mobile home under ___. A. recklessness B. negligence per se C. breach of duty D. strict liability

Q: Which of the following is true about the breach of duty? A. A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable risk. B. Even if the defendant exercised reasonable care, he/she is liable for the plaintiff's injury. C. Only when the defendant's actions violate statutes, it is regarded as breach of duty. D. It requires that a plaintiff must conduct himself/herself like a "reasonable person of ordinary prudence in similar circumstances."

Q: To recover in a negligence suit, a plaintiff must prove that the: A. defendant had intent to injure the plaintiff and did so by a breach of duty. B. defendant's breach of duty was the proximate cause of the plaintiff's injuries. C. defendant's breach of duty indirectly caused the plaintiff's injuries. D. defendant's actions did not violate any statutes.

Q: _____ is an unintentional breach of duty by the defendant that results in harm to another. A. Negligence B. Liability C. Injury D. Malpractice

Q: People who do not conform to a statute are sometimes considered to be negligent per se. This means that: A. the law is the law, and breaking it is always wrong. B. ignorance of a statutory law is never an excuse. C. not knowing about a statutory requirement is not as bad as intending to do something wrong. D. statutes can create the legal duty requisite to establish negligence.

Q: A close relative is not regarded as third party for recovery against emotional distress.

Q: Most states have adopted a comparative negligence system because it distributes the cost of the accident according to the degree of both plaintiff's and defendant's fault.

Q: Plaintiffs who assume the risk of injury created by another's negligence are barred from recovery.

Q: Under the doctrine of strict liability, care and caution may mitigate liability.

Q: Third parties are not entitled to recover for emotional distress resulting from witnessing harm caused to another person by a defendant's negligent acts.

Q: A negligent person is not liable for the proximate results of his/her negligence.

Q: A defendant is free of liabilities if the intervening force was foreseeable.

Q: The doctrine of res ipsa loquitur places the burden on the plaintiff to show that his injury was caused by the defendant's negligence.

Q: To recover for negligent infliction of emotional distress as a third party, the plaintiff does not always have to establish some physical symptoms resulting from the said distress.

Q: The concept of negligence is based on the idea that every member of society has a duty to conduct his or her affairs in a way that avoids injury to others.

Q: People whose actions cause injuries of the kind the statute was designed to protect against are considered to be negligent per se.

Q: If Jamal is carefully driving his car within the speed limit and an inebriated Eddie darts out in front of his car and is hit, Jamal is liable for Eddie's injuries.

Q: Negligent wrongdoers are not necessarily liable for all direct harm resulting from their negligence.

Q: Negligence is an intentional breach of duty that may or may not result in harm to another.

Q: The law of negligence prosecutes a defendant even if his or her's breach of duty wasn't the actual cause of the plaintiff's injuries.

Q: Intentional torts are both civil and criminal in nature.

Q: Punitive damages can be used for intangible harms such as injury to reputation and emotional distress.

Q: One can commit an intentional tort with the conscious desire to cause harm or with the knowledge that harm is substantially certain to result.

Q: The plaintiff's burden of proof in a tort case is identical to that of a criminal case.

Q: The defendant need not actually touch the plaintiff's body to be liable for battery.

Q: Jim Slim sued Acme Smelting for trespass because microscopic, airborne particles of heavy metals from its copper smelter four miles away had been deposited on his property. The smelter's emissions met all federal, state, and regional regulations, and had caused no actual damage. Is the deposit of microscopic particles on a person's property, without damage, a trespass?

Q: Explain the difference between defamation and disparagement.

Q: (p. 121,122,125) Miss Shell bought eyeglasses from Vision Co., but she failed to make her payments. The optician's collection agency, the D. Siplin Company, responded very enthusiastically. Siplin phoned Shell about 15 times daily, including calls after midnight. Calls and letters were directed to her employer, her neighbors, and her minister telling them about her indebtedness. Siplin also posted a notice in Vision Co.'s window stating that Shell was behind in her payments, and mounted the same message on a billboard. Shell was admitted to the hospital with a nervous breakdown. Discuss her possible legal remedies against Siplin.

Q: Define and discuss the tort of trespass to land.

Q: The tort of interference with contract: A. does not protect the sanctity of private contractual relationships. B. does not apply to a person who intentionally induces a person to breach a contract with another. C. applies to a person who intentionally prevents performance of another person's contract. D. justifies inducing a breach of contract in most cases.

Q: Which of the following is an example of interference with economic relations? A. Trespass B. False imprisonment C. Disparagement D. Defamation

Q: A common defense to the tort of interference with contract is: A. lack of capacity. B. privilege. C. probable cause. D. inducing a breach of contract.

Q: Privilege is not a common defense to which of the following intentional torts? A. False imprisonment B. Trespass to land C. Interference with contract D. Disparagement

Q: Explain the tort of battery.

Q: The tort of disparagement: A. requires proof of actual damage. B. covers true statements about the personal behavior of persons in business. C. is identical to the tort of slander. D. does not include truth as a common defense.

Q: This is a common defense to the tort of malicious prosecution. A. Improper purpose B. Lack of capacity C. Probable cause D. Inducing a breach of contract

Q: Cybertrespass is commonly considered to be a trespass on: A. personal property. B. real property. C. private property. D. immovable property.

Q: Which of the following is a common defense to trespass to personal property? A. Probable cause B. Privilege C. Truth D. Necessity

Q: Conversion is defined as: A. intrusion on a person's solitude or seclusion and publishing private facts about a person. B. the unlawful taking of or exercise of control over the personal property of another person. C. the intentional confinement of a person for an appreciable time without the person's consent. D. the use of force to drive away a person's customers or employees.

Q: Which of the following statements is true about conversion and trespass to personal property? A. Trespass to personal property does not require intent, while conversion does. B. The degree of interference with another's property rights acts as a basis for the difference between the two. C. Consent acts is a defense to conversion but will not be considered as a defense for trespass to personal property. D. Courts do not consider extent of harm to property as a difference between conversion and trespass.

Q: In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that: A. the wrongfully brought suit did not terminate in his favor. B. the suit was brought with probable cause to believe the suit was justified. C. the suit was brought for an improper purpose. D. the wrongfully brought suit terminated in the defendant's favor.

Q: Abuse of process requires: A. that the wrongfully brought suit terminated in the defendant's favor. B. that there be no probable cause in order for the person wrongfully sued to win. C. proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed. D. proof that the suit was brought out of malice and to give a remedy for the financial, emotional, and reputational harm caused.

Q: The U.S. Supreme Court requires that actual malice be proved when: A. public officials sue the media for false and defamatory statements. B. public officials are found strictly liable for a crime. C. public figures sue for physical harm resulting from malice. D. public figures and public officials sue the media for publishing true statements.

Q: Which of the following is an example of invasion of privacy? A. A tenant continuing to stay in a house even after the lease period has expired. B. The act of wrongfully selling or mortgaging the goods of another. C. The act of putting an ad in the paper saying that a person does not pay his or her bills. D. A person providing false statements on a seller's ownership of goods offered for sale.

Q: Under the tort of invasion of privacy: A. some widespread dissemination of information is necessary for liability. B. true, but public facts about a person can be an invasion of privacy. C. truth is a defense to "publication of private facts." D. newsworthy items can be the basis of a successful suit.

Q: William Key Collins called his insurance adjuster, Morris Gage, to discuss a claim. During their phone conversation, Gage told Collins that his chiropractor, Kenneth Ark, was "a quack." Dr. Kenneth Ark overhears this conversation and wants to sue Morris Gage. Which of the following statements is true? A. Ark can recover from Gage for libel, but only if he proves special damages. B. Ark can recover from Gage for slander, but only if he proves special damages. C. Ark can recover from Gage for libel, and actual damages will be presumed. D. Ark can recover from Gage for slander, and actual damages will be presumed.

Q: Which of the following statements supports the explanation of libel? A. Broadcast defamation, which involves both oral and visual impressions, is generally considered to be libel. B. Damages are presumed in libel, though the statement is not defamatory on its face. C. Oral defamation, causing injury to a person's reputation and causing that person considerable anguish and harm is considered to be libel. D. Private statements between spouses may be defamatory and will be considered to be libel.

Q: Which of the following statements is conditionally privileged in defamation suits? A. Statements by members of Congress on the floor of Congress. B. Statements made in the furtherance of legitimate business interests. C. Statements by participants in judicial proceedings. D. Private statements between spouses.

Q: For a public figure to sue for defamation, he/she must prove: A. actual malice. B. misuse of privilege. C. violation of a statute. D. invasion of privacy.

Q: Monica owed Bob $500, which was more than a year overdue. Bob got drunk at a party and told everyone there that Monica had owed him $500 for over a year. Can Monica recover from Bob for defamation? A. Yes, because Bob abused his conditional privilege. B. No, because Bob has the defense of truth. C. Yes, because Bob communicated the statement to third persons and defamed her. D. Yes, because a statement saying that a person does not pay his/her debts on time is slander per se.

Q: Lani is upset with her roommate Bill because he refuses to clean up after himself. In a fit of rage, Lani tries to hit him on his head but misses. At the time, Bill is turned away from Lani and is completely unaware that she tried to hit him. Under these circumstances: A. Lani is liable only for battery. B. Lani is liable only for assault. C. Lani is liable neither for battery nor assault. D. Lani is liable for causing mental distress.

Q: Seth was shopping at a local music store looking for a CD, when he suddenly remembered that he had an appointment with his math professor. He pulled his calendar out of his backpack only to discover that he was late for the appointment. Seth quickly put the calendar back into his backpack and ran out of the store. As he made his exit from the store, a security guard asked Seth to accompany him to an office at the back of the store to which Seth consented. Once there, the guard accused Seth of shoplifting. The guard quickly searched Seth and his backpack and found nothing. The guard apologized to Seth and explained that the store had recently experienced an outbreak of theft. The whole incident took less than five minutes. Under these circumstances: A. Seth can sue the store for false imprisonment. B. Seth can sue the store for false imprisonment, emotional distress, and battery. C. The store has conditional privilege to stop persons it feels are shoplifting as long as the owner acts in a reasonable manner and detains the suspect only for a reasonable length of time. D. The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable for punitive damages.

Q: The tort of false imprisonment protects: A. the right to life. B. only the freedom of movement. C. mental and physical interests. D. only the freedom from knowledge of confinement.

Q: Which of the following denotes an injury to a person's reputation? A. Disparagement B. Defamation C. Battery D. Malice

Q: The elements of an intentional tort are: A. harm to another person/property and intent. B. harm to person or property, violation of a statute, and intent. C. violation of a statute and intent. D. harm to person or property and violation of a statute.

Q: The plaintiff's burden of proof in a tort case is proof by a preponderance of the evidence, which is applied in: A. a case where the defendant's life may be at stake. B. a case where the defendant's liberty may be at stake. C. a case where the defendant's money is at stake. D. all criminal cases

Q: Loud Larry is a popular talk show host who likes to take a confrontational approach to interviewing his guests. Larry is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the course of the interview, Larry attempts to demonstrate the harmless effects of secondhand smoke by blowing smoke directly in Alice's face. Under these circumstances: A. Larry may be liable for battery. B. Larry would not be liable for battery because he did not touch her body. C. Larry may be liable for false imprisonment. D. Larry may be liable for defamation.

Q: Mike snatched Kathy's purse off her shoulder while she was walking on the street. She, with the help of few others on the street, caught him and produced him before court. Which of the following torts could Kathy prove in a lawsuit against Mike? A. Assault B. Battery C. Defamation D. Disparagement

Q: Compensatory damages are also known as: A. actual damages. B. punitive damages. C. nominal damages. D. statutory damages.

Q: Punitive damages: A. are a small amount of compensation given to the plaintiff. B. are like actual damages but do not seek to deter the defendant. C. are damages far less than the plaintiff's injuries, awarded to punish the plaintiff. D. are damages in excess of the plaintiff's injuries, awarded to punish the defendant.

Q: In cases of slander per se, defendants are not liable if the statements they uttered were true.

Q: Truth is not a defense to a defamation action.

Q: Using a person's name or likeness for commercial purposes without that person's consent is a form of invasion of privacy.

Q: Tim takes a shortcut across John's yard on his way to school. Even if John gives Tim permission to use John's yard as a shortcut, Tim has still trespassed on John's property.

Q: Use of force to drive away a person's customers or employees leads to a tort called disparagement.

Q: A defendant's actions must be outrageous in order to be found guilty of intentional infliction of emotional distress.

Q: Libel and slander refer to acts of oral defamation by a malicious agent.

Q: Assault is an intentional, nonconsensual touching that is harmful or offensive.

Q: In order to keep Pat from leaving the house, Geoff locked the front door of his house but forgot to lock the back door. Geoff has falsely imprisoned Pat.

Q: Define crimes, and differentiate between felonies and misdemeanors, mentioning the penalties by which each is punishable.

Q: What are the essential elements that must be shown by the government to obtain a criminal conviction?

Q: Why does the legal system have safeguards to protect the accused? Name a few of these provisions given to them.