Chapter 5: Civil Law and Procedure
1. Like a crime, a tort is considered to be a public wrong.
2. One act by a defendant cannot be both a crime and a tort.
3. Even children and insane persons may be held liable for their tortious conduct.
4. All torts require that the defendant intended to injure the plaintiff.
5. Written or printed defamation is known as libel.
6. Public figures, such as politicians or movie stars, give up much of their right to privacy when they enter the
public domain.
7. Battery and negligence are intentional torts.
8. Depending on the jurisdiction, contributory or comparative negligence may be a defense to the tort of
negligence.
9. Punitive damages are available for the intentional tort of negligence.
10. A second grade teacher who makes one of his students sit at his desk during recess has committed the tort of
11. What two remedies are generally available in a civil lawsuit?
C. fines and injunctions
D. none of these
12. Which of the following is not an element of most torts?
C. injury
D. duty
C. a service
D. an indictment
C. defamation.
D. an invasion of privacy.
15. A harmful or offensive touching is called
C. defamation.
D. an invasion of privacy.
16. In a jury trial, who decides issues of fact?
A. the defendant
B. the judges of the appellate court
17. A complete defense for a slander and libel suit would be to show that the statement is
A. false.
B. injurious to one’s reputation.
18. A(n) _______ is always a converter.
C. seller
D. buyer
19. An intentional misrepresentation of a material fact that the victim relied on and consequently parted with a
legal right or something else valuable is known as
A. embezzlement.
B. conversion.
20. Which of the following would probably not render someone strictly liable?
A. running a rifle range
B. blasting a house foundation with dynamite
21. The most common tort is
A. assault.
B. battery.
22. Deanna is a popular, well-respected, professional educator in her community and was recently selected as
“Teacher of the Year.” In order to capitalize on her character and notoriety during recent school-board election
campaigns, Gerald used Deanna’s picture on his campaign posters, billboards, and flyers. Because Gerald did
not obtain Deanna’s permission, what tort did he commit?
C. libel
D. none of these
23. After hearing Cheri’s case in court, a judge awarded her $20,000 to compensate for the loss she suffered as a
result of Benson’s negligence. This monetary compensation is known as
A. actual damages.
B. compensatory damages.
24. When a lawyer takes a percentage of the potential recovery as her or his payment for litigating a case, the
amount the lawyer receives is known as a(n)
A. damage dollar.
B. percentage fee.
C. punishment sum, medical bills, and pain and suffering.
D. punishment sum, medical bills and lost wages.
26. The groundskeeper in Janna’s apartment complex failed to properly notify her and other residents about the
slick conditions resulting from a broken water paper in the building. Janna subsequently fell and broke her
ankle. What type of tort was committed in this instance?
C. strict
D. none of the above
27. The party complained against in a civil case is known as the
A. plaintiff.
B. dependent.
28. When a civil judgment for the plaintiff becomes final, the defendant normally pays the judgment. If the
defendant does not pay, what may the plaintiff obtain to enforce the judgment?
A. liquidation order
B. writ of certiorari
29. After Greta and Tom finalized their divorce, Greta repeatedly harassed her former husband by driving by his
apartment, yelling obscenities, and throwing rocks at his windows. Tom contacted the police and eventually the
court issued an order preventing Greta from continuing the harassing activity. This court order is known as a(n)
A. imperative.
B. fiat.
30. Under specific circumstances some individuals are immune from liability for defamation of character, even
C. witnesses during a court hearing
D. legislator during a legislative session
31. While Shawn and Eileen were eating lunch at a sidewalk cafe, they observed a black convertible race
through the intersection ignoring a red stop light. Halfway through the intersection the black convertible
collided with a light blue compact car causing the blue car to spin out of control. The elderly driver of the blue
vehicle was rushed to the hospital and later died. The driver of the black convertible was arrested for negligent
homicide with a motor vehicle. Because Shawn and Eileen observed the incident, they were ordered by the
court to appear at the trial and testify. The written order they received is known as a(n)
____________________.
32. The summary oral statements made at the conclusion of a litigation by the attorneys for the parties are called
____________________.
33. Duty requires that we act with the care, prudence, and good judgment of a reasonable person so as not to
cause ____________________ to others.
34. A threat of an unwanted sexual touching would be classified as the tort of ____________________.
35. Ricardo and Don operate a hang gliding business and as such teach individuals the proper techniques and
methods for safe hang gliding. Signs are hung in the classroom and airport hanger stating, “Hang gliding has an
element of risk and physical danger which is not totally offset by training.” Ricardo and Don also repeat this
warning during all phases of their instruction. If a student is injured while hang gliding and sues Ricardo and
Don, their best defense might be ____________________.
36. Samantha loaned Chuck her car with instructions to drive to the post office and come right back as she
needed stamps right away. Instead, after buying the stamps at the post office, Chuck picked up his girlfriend and
took her to her hair appointment, waited on her, and then took her home. Finally, he took Samantha her stamps
and returned her car. By exceeding Samantha’s permitted usage of her car, Chuck has committed the tort of
____________________.
37. After Nancy and Sue vandalize a neighborhood grocery store, the grocery store owner files suit against the
girls’ parents claiming the parents are liable for the tort their children committed. The type of liability that the
girls’ parents are said to have is known as ____________________ liability.
38. Ana is an up-and-coming actress who just signed a contract to perform for a major network’s popular soap
opera. Now that Ana has stepped into the public domain, she has greatly reduced the scope of her right of
____________________.
39. Coach Ranting was extremely successful at the University of Pigskinton. He still had three years on his
contract remaining when, to accept an offer from a professional football club of triple his current salary, he
breached his coaching contract with the University. The professional football club may be liable for the tort of
____________________.
40. Brighton Snubbery caught his next door neighbor on videotape dumping her garbage over the fence onto his
property. Brighton may sue the neighbor for ____________________ to his land.
41. Name and give a short explanation of the four elements common to most torts.
1. duty (a legal obligation to do or not to do something)
42. Write a short justification of the doctrine of strict or absolute liability.
43. As an assistant financial manager at a major accounting and finance firm, Christy had looked forward to the
day when she would be promoted to senior finance manager. When she did not receive the promotion, Christy
attempted to discredit Archie, the new senior finance manager, by posting this statement about Archie on the
company’s front bulletin board. “Archie Clark—your new senior finance manager.” With the statement she
included a derogatory, computer-manipulated picture of Archie wearing a dunce cap while appearing to be in a
drunken state at a local bar. What tort did Christy commit? Explain or support your answer.
Answers will vary slightly. Christy committed the tort of defamation, specifically libel. In order to be legally
44. Jose is the mayor of a large metropolitan city. During an appearance on an afternoon talk show, Harry, a
local radio personality, rudely and colorfully discusses Jose’s political decisions and activities. Explain why
Harry can continue to make defamatory statements about Jose without being liable for such action.
Answers will vary slightly. An exception to the definition of defamation exists for statements about public