INTRODUCTION AND INTENTIONAL TORTS question

True/False questions

1. The purpose of criminal law is to punish while the purpose of tort law is to compensate the victim.
2. A wrongful act is either a tort or a crime; it cannot be both.
3. A construction company that damaged the property of others while blasting would be liable in strict liability.
4. Some states impose liability on the owner of a car for damages caused by anyone driving the car.
5. Damages for pain and suffering from a personal injury are classified as non-economic damages and are often difficult to calculate.
6. Sid and Carrie were found liable in joint and several liability for $200,000 in damages to Nancy’s property. This means that the maximum amount of the award that Sid will have to pay is $100,000.
7. Libel is oral defamation, while slander is written.
8. Market share liability imposes liability on all the manufacturers of a defective product based on how much of the market in a particular area each company controlled when the injury occurred.
9. To be liable for intentional infliction of emotional distress a defendant must have engaged in conduct that was outrageous and completely intolerable to the community.
10. Not knowing you are on the land of another person is a complete defense to charges of trespass to land.
11. The measure of damages for conversion is the full value of the goods taken or damaged.
12. The tort of conversion does not apply to intangible property.
13. Engaging in a lawful business is a complete defense to the torts of public or private nuisance.
14. Defamation is the first element that must be proved in a suit for the invasion of the right to privacy.
15. An employer is liable for a tort committed by an employee if the employee was acting in the scope of his employment when he committed it.

Multiple Choice Questions

1. Another term for punitive damages is ___________damages.
1. Inculpatory
2. Exculpatory
3. Exemplary
4. Criminal

1. The damages that are awarded to a victim to make the victim “whole” are ____________ damages.
1. Punitive
2. Compensatory
3. Nominal
4. Consequential

1. Money awarded to an accident victim to make up for lost wages would be classified as ______________damages.
1. Punitive
2. Economic
3. Non-economic
4. Nominal

1. Al, Bill, Chad and Dan were found jointly and severally liable for $100,000 of property damages caused when a fraternity initiation event got out of hand. Al, Bill, and Chad do not have the money to pay for their share of the damages. The only solvent defendant is Dan. The most that Dan will have to pay the plaintiff is
1. $25,000
2. $50,000
3. $75,000
4. $100,000

1. Lawyers fees that give the lawyer a percentage of the amount awarded to the plaintiff if the plaintiff wins, and nothing if the plaintiff loses, are ________________fees.
1. Compensatory
2. Contingent
3. Exemplary
4. Per Diem

1. What is the primary purpose of tort law?
1. Punish wrongdoers
2. Compensate victims for their losses
3. Support society by fining wrongdoers
4. Create precedents in the common law

1. Bereaved had a dispute with Funeral Home over the costs of services for his father. When he left home the morning of the funeral, he found his father’s embalmed body on his front door step. Bereaved has suffered prolonged sleeplessness and depression since then. Bereaved can sue Funeral Home for
1. False imprisonment
2. Mental distress
3. Disparagement
4. Invasion of privacy

1. Local hunter went onto Neighbor’s land because deer had been seen there. Hunter knew that the land belonged to his neighbor and that it was posted against hunting. If Neighbor sues Hunter,
1. Hunter will be liable for willful trespass to land.
2. Hunter may be liable for punitive damages.
3. Hunter may have to pay neighbor’s court costs and attorney’s fees
4. A, B and C are all possible legal consequences.
5. Hunter has no liability because he did not damage the land while he was on it.

1. The legal classification for all property that is not real property is ________________.
1. Chattel
2. General intangibles
3. Contraband
4. Res in se

1. Defendant’s failure to do what a reasonable and prudent person would do in his circumstances subjects him to liability for
1. Negligence
2. Strict liability
3. Fraud
4. All of the above

1. The owner of a family car could be liable for damages caused by any family member using the car under the ___________________doctrine.
1. Pater familias
2. In loc parentis
3. Family purpose
4. Respondeat superior

1. In most states, children under the age of __________cannot be held liable for negligence.
1. 7
2. 14
3. 16
4. 18

1. Assume that Big Drug Company (BDC) was one of ten drug manufactures who produced and sold in the Cleveland area a drug that was found to cause cancer in women whose mothers had taken the drug while pregnant. Plaintiff cannot find out if the pills her mother took were actually manufactured by BDC, but she does know that BDC controlled 40 percent of the market for that drug in the Cleveland area when her mother was taking it. If a jury finds that plaintiff suffered $100,000 in damages, she will be able to collect $40,000 from BDC if her state follows the doctrine of ________________.
1. Res ipsa loquitur
2. Negligence per se
3. Market share liability.
4. All of the above are necessary to collect from BDC in these circumstances.

1. The doctrine under which employers are liable for torts committed by employees while they are acting within the scope of their employment is___________.
1. Joint and several liability
2. Respondeat superior
3. Negligence per se
4. Res ipsa loquitur.

1. Competitor wrongfully claims that one of the ingredients used in the manufacture of Hungry Dog dog food contains melanine, which is poisonous to animals. Competitor has committed the tort of____________.
1. Nuisance
2. Disparagement
3. Invasion of privacy
4. Wrongful interference with a contractual relationship

1. Tom took Ann’s $125 Economics text from her locker without her knowledge and sold it back to the college bookstore, keeping the profits. Tom has committed the tort of
1. Trespass to chattel
2. Conversion
3. Embezzlement
4. Nuisance

1. Mary, concerned with antibiotics and chemicals in the food supply, started to raise pigs in the backyard of her suburban home. She now has fourteen pigs that produce a significant amount of sold waste, which attracts insects and smells very bad. There are no town or county ordinances that specifically forbid raising pigs. Her neighbors should challenge her right to engage in this activity based on the tort of
1. Intentional interference with a prospective business advantage
2. Intentional infliction of emotional distress
3. Nuisance
4. Trespass to land

1. What is the difference between libel and slander?
1. Libel is a written communication, and slander is an oral communication.
2. Libel is also a felony, but slander is not.
3. Libel requires that plaintiff prove malice on the part of the defendant, but slander does not.
4. Businesses can only sue for defamation based on libel, not slander.

1. The tort of invasion of the right to privacy
1. Requires in all cases that malice be proved as an element
2. Requires that actual damages be demonstrated
3. Requires that some form of defamation have occurred
4. Protects individuals from the shame and humiliation of having private aspects of their lives exposed to the public

1. Wendy Witness testified for the plaintiff in a suit against Dan Defendant in which he was charged with fraud. The jury found for Dan. Dan wants to sue Wendy for defamation because the statements she made about him on the witness stand were found to be untrue. What result?
1. Dan cannot sue Wendy for defamation because she has an absolute privilege as a trial witness.
2. Dan can sue Wendy for defamation, but must prove actual malice.
3. Dan can sue Wendy for slander, but must prove actual damages.
4. Dan can sue Wendy for libel because the transcript reduced the defamation to writing.

1. Frank bought a diamond ring for his girlfriend from Bill. Bill told him he had given the ring to his fiancée, who returned it when she broke off the engagement. In fact, Bill had stolen the ring at a party. Frank had no reason to know or suspect that the ring was stolen. What is Frank’s liability in these circumstances?
1. Frank has committed embezzlement.
2. Frank has committed conspiracy.
3. Frank has committed conversion.
4. Frank has committed no torts because he had no knowledge that the ring was stolen.

1. Big 60s British Rock Star had a contract to perform at Shady Pines Retirement Home, where many of his fans now lived. Sunnydale Retirement Village, a business rival, convinced Rock Star to breach his contract with Shady Pines and perform for them instead on that day. They offered him more money and promised to pay for any liability he might have to Shady Pines. For what could Shady Pines sue Sunnydale?
1. Breach of contract
2. Interference with a contractual relationship
3. Nuisance
4. Conversion

1. Coca Cola wants to sue Coda Cola for trademark infringement. Coda soda cans have the same colors and ribbon letters as Coca Cola, and the names are very similar. Which of the following is the test used to determine if Coda’s packaging is deceptively similar to Coca Cola’s packaging?
1. Would a casual observer or buyer be deceived into buying Coda instead of Coca Cola?
2. Would supermarkets and retail stores be inconvenienced by having to display such similar products?
3. Did Coda act with malice in the choice of its design and logo?
4. All of the above are required elements of the infringement test.

1. Pam and Sam took an overnight flight to Hawaii. Without their knowledge or permission, an agent from Big Ad Agency took a picture of them as they slept and used it in a full-page ad in a national magazine. The agency had superimposed an image of a man in a business suit, working on a laptop, sitting next to them. The caption read “Our Brokers Never Sleep.” Pam and Sam could sue Big Ad for
1. Private nuisance
2. Public nuisance
3. Invasion of the right to privacy
4. Slander

1. Which of the following forms of slander would notrequire that plaintiff show special damages?
1. A statement that someone had a sexually transmitted disease
2. A statement that a female student was sexually promiscuous
3. A statement that an accountant had stolen money from a client
4. All of the above cases could be brought without showing special damages.