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Exam 8: Tort Law

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Question 21

Multiple Choice

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Peter brings in a baseball bat to hit Mary because he is mad at her. When he arrives, Mary is sleeping. He lines up the baseball bat with her head and whispers that he is about to take a swing. She does not wake up, and before he hits her, he changes his mind and quietly leaves before Mary realizes he has arrived. Mary later finds out and sues for assault. Is she successful?

A) Yes, because she was at risk of immediate, offensive bodily contact.
B) Yes, because Peter's actions caused apprehension of immediate, offensive bodily contact.
C) Yes, because Peter intended to place Mary at risk of unwanted and offensive contact.
D) No, but she would have been successful in suing for battery.
E) No, because she was sleeping and thus not in fear or apprehension of an immediate, offensive bodily contact.

F) B) and C)
G) A) and E)

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Question 22

Multiple Choice

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Which type of tort is the most willful of torts?

A) Intentional torts.
B) Strict liability torts.
C) Negligence torts.
D) Assault and battery.
E) Slander.

F) C) and E)
G) None of the above

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Question 23

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Paula worked for a department store that specialized in women's high-end lingerie. As she was working one day she noticed a miniature light protruding from behind a mirror in the dressing room. As she moved the mirror to get a better look at the light, she noticed a recording device. Thomas, her supervisor, quickly told her that the recording device was a security camera, however, the recording device actually belonged to Thomas. Has Thomas committed a tort?

You and your neighbor Hammy are arguing about trespass to realty. Which of the following situations is not associated with the tort of trespass to realty?

What type of tort occurs when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm?

Jacob calls Nick on the telephone and threatens to come over and break his nose. Which of the following is true?

Which of the following involves making a false statement about a business product or service that results in a loss of sales?

Which statement is true regarding tort litigation?

________ damages are awarded to punish the defendant and to deter others from similar conduct.

Zach gets angry because Austin earned a better grade on a test than he did. They get into an argument, and Zach takes a swing at Austin, intending to hit him. Austin shoves Zach in order to avoid the blow. Which of the following is true regarding Austin's actions?

Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom?

Which of the following is true regarding the apprehension necessary for the tort of assault?

[Pet Police] Min-ji breeds German Shepherd dogs. Daniel, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Daniel allowed Casanova to roam freely. Unfortunately, Casanova went to visit Min-ji's purebred German Shepherd. Mixed breed puppies resulted from the visit. Min-ji was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time an animal entered her property. Daniel and some of the other neighbors took offense. Daniel came to Min-ji's house while she was working in the yard. He walked behind her and shoved her. Min-ji did not see him coming. Min-ji turned around and proceeded to have a heated conversation with Daniel. Min-ji then drew her fist back and told Daniel that she was going to punch him in the nose. Min-ji raised back her arm and started to punch Daniel but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Liz, who was walking by on the street, saw Min-ji attempting to hit Daniel. Liz came over and grabbed Min-ji's hands, pinning Min-ji 's hands behind her back. -Which statement is true regarding Liz's actions toward Min-ji?

For an intentional tort to occur, the plaintiff must show the common element of ________.

Explain what is needed in order to establish damages in defamation actions. Address whether special proof is needed and, if so, under what circumstances.

[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?

Reinforcing a vision of a just society is one of the purposes of tort law.

Kelly is sure that Juan has stolen her basketball tickets from her office since he was talking about how badly he wanted to go to the championship game earlier in the week. Kelly confronts Juan and he denies that he has been anywhere near Kelly's office. Kelly pushes Juan into the closet and locks the door, leaving Juan for hours. Kelly has committed what tort?

What are the three categories of intentional torts?

A false statement of a material fact regarding ownership of business property that results in a loss of sales for the business is referred to as ________.