BLS 342 Torts – Flashcards

Defense of property cannot be a defense to a claim of battery.

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.

In China, defamation can be a civil or criminal action

Privilege is an affirmative defense in a defamation action.

If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.

The use of moral pressure is insufficient to establish false imprisonment.

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists

Which of the following is true of the term "tort"?

_____ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm

_______ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes

Which of the following is true regarding the intent needed for an intentional tort?

What did the court rule in regard to the plaintiff's claim of intentional infliction of emotional distress in Olson v. CenturyLink, the case in the text in which the plaintiff alleged that representatives of the defendant, a provider of telephone services, wrongly failed to process his application, disconnected his telephone service, and hung up on him during telephone conversations?

A(n) _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

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

Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true?

Which of the following was the result in Thomas P. Lamb v. Tony Rizzo, the case in the text in which the defending newspaper reporter claimed that he could not be held liable to the plaintiff for making alleged defamatory statements because the plaintiff's reputation as a kidnapper and murderer serving three life sentences was so bad that his reputation could not be further harmed?

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

Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?

Which of the following may a person accused of defamation raise as a defense?

When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______.

Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation?

Which of the following would constitute the privacy tort of false light?

Which of the following is true regarding awards of punitive damages in the U.S.?

Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true?

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?

Bill decides to install two-way mirrors in the dressing room of his ladies' clothing store. He has a habit of watching ladies while they try on clothing. Which of the following has Bill committed?

Which of the following would constitute false imprisonment?

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?

Which of the following torts seek to compensate people wrongfully subjected to litigation?

Jane is unhappy with her neighbor, Sam, because Sam will not allow her to swim in his swimming pool. She tells him that unless he lets her swim in the pool, she will bring an action against him for nuisance because he plays his stereo late at night at times. While the stereo does not bother Jane because she is up late anyway, she thinks that will encourage Sam to let her swim in the pool. Sam, however, continues to refuse to allow Jane to swim in his pool, and Jane proceeds to sue Sam for nuisance. Which of the following is true?

Under which of the following situations does the tort of trespass to realty occur?

Bob, who has a large trust fund, is angry at Alice because she stopped dating him. Alice ran a successful dog grooming shop but Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break up. Which of the following is correct?

The primary type of damages in tort law is referred to as _____.

Which of the following is not a typical type of compensatory damage?

"Pet Police." Millie breeds German Shepherd dogs. Bernard, 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. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie 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, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back. Considering Bernard's shoving of Millie in the back, which of the following is true?

"Pet Police." Millie breeds German Shepherd dogs. Bernard, 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. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie 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, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back. Millie's threat to punch Bernard in the nose and her action in raising back her arm in support constitute a[n] _______________.

"Pet Police." Millie breeds German Shepherd dogs. Bernard, 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. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie 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, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back. Millie's action in jabbing Bernard after she missed his nose, constitutes which of the following?

"Pet Police." Millie breeds German Shepherd dogs. Bernard, 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. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie 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, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back. Which of the following is true regarding Sally's actions toward Millie?

"Hair Stylist Woes." Maryann, a college student, went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but that there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Read about basic torts relating to business enterprises Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy 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 and she could do no more business. 1) The defamation printed in the school newspaper would be which of the following? 2) As far as the editorial is concerned, which of the following is true in regards to Maryann's statement that Candy cannot recover because she cannot show loss of income? 3) Statements made by Maryann to her friends that were defamatory of Candy are what type of defamation? 4) As far as the statements made to her friends are concerned, which of the following is true in regards to Maryann's statement that Candy cannot recover because Candy has not suffered a loss of income?

"Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music. 1) Which of the following would be the most appropriate cause of action, if any, against Annette based upon the farm animals and the music? 2) What claim would William have against Annette for taking the lawn chair? 3) What action would William have against Annette for taking the rake?

In some situations, the law specifies the duty of care one individual owes to another.

When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a heightened duty of care toward the plaintiff.

A plaintiff in a negligence suit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence to be applied by the court.

According to the pure comparative negligence defense, a defendant must be more than 50% at fault before the plaintiff can recover.

Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit.

More than half the states remain contributory negligence states.

To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

Implied assumption of the risk occurs when the plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior.

In District of Columbia v. Wayne Singleton, the case in the text involving the single-vehicle bus accident, the court applied the doctrine of res ipsa loquitur because a single-vehicle accident is a type that does not normally occur in the absence of negligence.

Which of the following was the result on appeal in John Coomer v. Kansas City Royals Baseball Team, the case in the text in which the plaintiff sued after being hit in the eye by a hotdog thrown into the stands by a team mascot during the "Hotdog Launch," a customary activity during games?

Assume Bob, who had no notice of any heart problem, is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process. Which of the following is true?

Which of the following must a plaintiff prove to win a negligence case?

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

While driving her car down the street, Susan sees a child playing near the road with no adult around. Which of the following is true?

Tina negligently hits student Susie with her car. Which of the following is true?

Which of the following is true regarding the duty that a business owes to customers?

Which of the following are elements of causation?

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

Which of the following damages are intended to reimburse a plaintiff for his or her losses?

Why are punitive damages awarded?

Courts usually award punitive damages in cases in which the offender has committed ______.

Which of the following aids plaintiffs in establishing negligence claims?

When would a defendant use the doctrine of res ipsa loquitur?

Assuming res ipsa loquitur is established, what is the effect of that doctrine?

Which of the following is true regarding the law of negligence in Germany?

What does the term "negligence per se" mean literally?

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs?

Which of the following is true regarding contributory negligence?

Which of the following must the defendant prove in order to rely upon the defense of contributory negligence?

Which of the following is a doctrine that allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff?

Assume Bobby begins to cross the street in a jurisdiction that applies contributory negligence. He does not go to a crosswalk but proceeds to illegally cross the street without checking to see if any vehicles are coming. Slick sees Bobby in the street, notices that he is not in the crosswalk, and proceeds to hit Bobby with his vehicle because he believes that Bobby should be taught a lesson about how to cross the street. Slick does slow down somewhat and only causes Bobby some significant bruising, but Bobby is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?

Why have most states replaced the contributory negligence defense with a comparative negligence theory?

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault?

Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover?

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

Which of the following occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior?

Which of the following occurs when a plaintiff implicitly assumes a known risk?

Which is the most difficult part of establishing the defense of assumption of the risk?

In reference to the case in the text, Ex Parte Emmette L. Barran, III, what was the result after the plaintiff sued the national and local Kappa Alpha organization following hazing activities?

Which of the following is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered?

Which of the following is liability without fault?

Which of the following is a condition required for the imposition of strict liability?

Which of the following is an example of an inherently dangerous activity?

Which of the following is true regarding negligence under South African Law?

What was the final result on appeal in the Case Opener involving whether the doctrine of res ipsa loquitur applied to the lawsuit brought against landowners after the plaintiff fell through a wooden dock located on the defendants' property?

Which of the following was the result in District of Columbia v. Wayne Singleton, the case in the text involving whether the doctrine of res ipsa loquitur applied to a negligence action involving a single-vehicle accident?

"Diving fiasco." Mike, who owns a dive shop in the U.S., takes a group of his customers diving in U.S. waters. Mike is aware that the area where the divers will be visiting is occasionally visited by sharks. He is also aware that, while sting rays are usually tame, they can become aggressive when fed. Mike did not reveal that information to the group of divers going with him because in his experience, as soon as customers hear of even a hint of danger, they refuse to pay and go on the trip. The divers go down into the water, and some have squid with which to feed the sting rays. During the dive, one of the sting rays becomes agitated and latches onto diver Susie's arm. Susie is so disconcerted that she drops her regulator (her breathing device) from her mouth and is in considerable difficulty. Another diver, Billy, encounters a shark which snaps at him. Fortunately, the shark does not bite him but does damage his diving equipment. He is also in distress. Mike, who is in charge of the dive, does nothing but return to the boat because the dive turned out to be more trouble than expected. Wendy, another diver on the trip, also returns to the boat without doing anything to help the divers in distress. Sam, on the other hand, goes to rescue the divers who are in distress. He manages to assist them, but in the process, he pulls his back and requires medical care. All divers return to the boat and are very unhappy with Mike. 1) Billy, the diver who had damaged equipment because of the shark incident wants to sue Mike for damages. Which of the following is the most likely result? 2) Billy and Susie are annoyed that Mike did not come to their assistance. Which is true regarding Mike's duty to provide assistance during the dive? 3) Which of the following is true regarding whether Wendy and Sam had a duty to come to the assistance of the divers in peril? 4) Which of the following is true regarding whether Mike is liable for the injuries Sam sustained in coming to the rescue of the divers in distress?

"Blow up." Jeanie is hauling gas in the back of her pick-up truck for her personal watercraft. She is planning a lake party and thinks she will need a lot of it. On the way home, Jeanie stops at the automatic teller machine at her bank and exits her car. Holly pulls behind her and negligently rear-ends Jeanie's pick-up. The truck explodes and results in the bank building burning to the ground. The bank sues Holly for negligence claiming that Holly should have to pay for the entire bank building. The bank claimed that it should be able to recover under the res ipsa loquitur doctrine. 1) Which of the following is true regarding whether actual cause exists in the bank's action against Holly? 2) Which of the following is most likely true regarding whether Holly is the proximate cause of the bank burning? 3) Which of the following is true regarding the bank's claim that it should be able to recover under the res ipsa loquitur doctrine?

"Chewer." The state in which Susan lives has a statute prohibiting dogs from running at large. All dogs are required to be on a leash whenever they are off the owner's premises. Susan's dog, while not on a leash, visits the home of a neighbor down the street. While there, the dog carries off an expensive pair of shoes belonging to Robert. The shoes are chewed and destroyed. A neighbor informed Robert of what had happened. Robert commented that he never should have left his $300 shoes lying on the deck in the first place but that he expects to be repaid by Susan. Robert found out that the dog had carried away a number of shoes and other articles in the neighborhood, chewing them to pieces. Susan had done nothing to warn anyone. Robert thinks that she should be punished for her activities, and perhaps that would deter her from allowing the dog to run loose. 1) Upon which of the following theories will Robert likely rely in seeking recovery for the shoes against Susan? 2) Which of the following theories will Susan likely use to defend herself? 3) What type of damages would Robert seek in order to punish Susan and to deter her actions in regard to letting the dog run free?