Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
64. To prove intent for an intentional tort, the plaintiff must show willful misconduct by the defendant.
a. True
b. False
65. For there to be an intentional tort, the person who commits the tort must be shown to have the motive of malice.
a. True
b. False
66. In an intentional tort, the person who committed the tort must have wanted the result to occur that did, in fact,
happen.
a. True
b. False
67. To commit an intentional tort, the person who committed the act must have known or should have known that bad
results could happen.
a. True
b. False
68. Intentional torts arise in situations where the person who committed the tort intended to inflict the injury suffered.
a. True
b. False
69. If a person was playing a trick that went very wrong, there could not be an intentional tort, because no injury was
anticipated.
a. True
b. False
70. Assault is a direct, intentional, uninvited physical contact without consent.
a. True
b. False
71. Assault is intentional conduct that places a person in fear of immediate harm, but it need not actually involve
personal harm.
a. True
b. False
72. If someone comes up behind you and hits you on the head with a brick, you would sue them for the intentional tort
of assault.
a. True
b. False
73. If you are walking to your car at night in a dark parking lot and a stranger steps from behind a car and points a gun
at you, there has probably been an assault.
a. True
b. False
74. If a friend is showing you a gun and you are afraid it is loaded and may go off, then there has probably been an
assault.
a. True
b. False
75. If someone calls you from a city in another part of the country and tells you they want to strangle you, there has
probably been an assault.
a. True
b. False
76. Assault and battery are examples of intentional interference with protected personal rights.
a. True
b. False
77. A battery is an unlawful physical contact without consent.
a. True
b. False
78. A battery is intentional conduct that places a person in fear of immediate bodily harm.
a. True
b. False
79. In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" at work as part of a prank, the appeals
court held that there was no tort because there was no malice or physical injury despite the fact that Fuerschbach
did not like it.
a. True
b. False
80. In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" at work as part of a prank, the appeals
court held that the police may be liable for a battery for pretending to arrest her.
a. True
b. False
81. In Fuerschbach v. Southwest Airlines, where Fuerschbach was "arrested" at work as part of a prank, the appeals
court held that if Fuerschbach's "personal dignity" was offended, then the tort of battery may have occurred.
a. True
b. False
82. If you are waving a gun at someone to scare them, and it accidentally goes off and hits the person, you are likely
liable for battery.
a. True
b. False
83. When an assault occurs, a battery also occurs.
a. True
b. False
84. If you get into a fight and suffer injuries, the person who fought with you probably must pay for your injuries
because it is battery.
a. True
b. False
85. You are the goalie of a college ice hockey team. If your jaw is broken by an opponent who accidentally hits your
face with his stick you probably have a good suit for battery.
a. True
b. False
86. The only defense to battery is privilege.
a. True
b. False
87. You see a house on fire and break down the door to see if anyone needs to be rescued. If the owner of the house
sues you for the value of the door, you have a defense called privilege.
a. True
b. False
88. A robber holds up a store with a gun. The store owner shoots the robber in the leg. The robber sues in tort for the
injuries intentionally inflicted on him. The owner has a defense that protects him from liability.
a. True
b. False
89. The owner of a store sees someone reaching in to steal cash from a cash register while no one is near it. The store
owner shoots the thief. The thief sues in tort for the injuries intentionally inflicted on him. The owner has a defense
that protects him from liability.
a. True
b. False
90. For the tort of false imprisonment there must be physical restraint of the victim.
a. True
b. False
91. A group of workers applied for work at a company looking to hire workers. They were locked in an enclosure and
the police were called to report that they were trespassing. The workers could not sue for false imprisonment
because the property owner was defending company property.
a. True
b. False
92. A group of workers applied for work at a company looking to hire workers. They were locked in an enclosure and
the police were called to report trespassing. The workers could sue for false imprisonment as they had good reason
to be on company property.
a. True
b. False
93. Because theft is such a large problem most state legislatures allow stores to hold anyone for suspected shoplifting
without threat of tort suit.
a. True
b. False
94. In general, if store personnel believe someone may have shoplifted, they have the right to detain the person for a
short while and not be liable for false imprisonment.
a. True
b. False
95. In Forgie-Buccioni v. Hannaford Brothers, where Forgie-Buccioni was detained in a grocery store's security
room after being accused of not paying for cold medicine, the appeals court held that false imprisonment did occur.
a. True
b. False
96. In Forgie-Buccioni v. Hannaford Brothers, where Forgie-Buccioni was detained in a grocery store's security
room after being accused of not paying for cold medicine, the appeals court held that false imprisonment did not
occur because the store manager had reason to suspect theft.
a. True
b. False
97. Infliction of emotional distress is involuntary conduct by a person that causes an outrageous effect on another.
a. True
b. False
98. In most courts the tort of emotional distress requires evidence of physical injury to the victim.
a. True
b. False
99. To badger someone late at night with many threatening phone calls could lead to the tort of emotional distress.
a. True
b. False
