Assignemnt:
All of the following questions deal with tort law. Please indicate the answer only. There is no need to explain your answer.
1. True or false: In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.
2. True or false: Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks the window. This is trespass to real property, even if Tim himself does not go onto the property to get the ball.
3. True or false: Brad doesn't like Jordan and especially dislikes Jordan's new felt hat, so he intentionally knocks it off Jordan's head in order to embarrass Jordan. Brad has committed a battery.
4. True or false: John and Megan are at a crowded theater. In the press of people exiting the theater, John accidentally steps on Megan's big toe and breaks it. Megan can sue John for the tort of battery.
5. True or false: Punitive damages is a term referring to damages that will merely compensate victims for the harm they have suffered, but will cost defendants more money than they have.
6. True or false: Pointing an unloaded gun at someone who believes it is loaded and threatening to shoot constitutes an assault.
7. Two absolute defenses to the tort of defamation are:
a. Truth and self defense.
b. Truth and privilege.
c. Privileged and self defense.
d. Truth and defense of property.
8. Harms or injuries that are tortious may be inflicted:
a. Intentionally.
b. Negligently.
c. By strict liability.
d. All of the above.
9. Cameron doesn't like Bradley, so at a cocktail party he spread untrue rumors about Bradley's lifestyle. These rumors harm Bradley's reputation in the community:
a. Cameron is guilty of libel.
b. Cameron is guilty of slander.
c. Bradley does not have a defamation suit against Cameron.
d. Cameron is protected by the First Amendment to the Constitution.
10. Claudia's baby daughter Karynne is snatched from her arms at the grocery store. The kidnapper threatens to drop the baby if the store does not hand over the contents of the vault. Claudia may:
a. Trip the kidnapper, because she is limited to nonlife-threatening force.
b. Shoot the kidnapper, since she can protect the baby in the same way as she can protect herself.
c. Not seriously harm the kidnapper, since she is not in danger.
d. Only call the police, since she cannot take the law into her own hand.
11. Andrew noticed Michael and his pregnant wife Georgette walking down the street and drove his car within inches of Michael, as a joke. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy. Andrew has:
a. No liability to Georgette, because he has not committed a tort against her.
b. Committed the tort of battery against Georgette.
c. Committed the tort of battery against Michael but has committed no tort against Georgette.
d. Committed the tort of intentional infliction of emotional distress against Georgette.
12. A newspaper article hints that a certain corporation is a front for illegal activity. The corporation:
a. Will lose a defamation suit because only natural persons can successfully bring defamation suits.
b. Will likely win a defamation suit if the statement is untrue.
c. Will likely lose a defamation suit because the press has an absolute privilege in this type of case.
d. Can win an invasion of privacy suit even if the statement is true.
13. An absolute privilege exists to protect which of the following defendants in defamation cases?
a. Members of Congress on the floor of Congress.
b. Statements made by the President of the U.S. in the discharge of official duty.
c. Statement about a third party made to one's spouse when the couple is alone.
d. All of the above.
14. Carl threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office
a. Carl cannot be liable to the secretary for any torts because he did not intend to hurt her.
b. If Carl knew the secretary was in the office, even if he didn't intend to injure her, his intent to harm the agent is transferred to the secretary who can sue Carl for her injuries with an intentional tort cause of action.
c. Carl has committed a crime, but he is not liable for any torts.
d. Carl has committed the tort of intrusion.