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170. Voluntary participation in a contact sport is an example of:
a. consent in participation
b. consent to risk taking
c. consent in battery
d. all of the other specific choices
e. none of the other specific choices
171. Player A voluntarily participates in a soccer game and gets punched in the face by Player B. Player A could:
a. not sue Player B for battery because in playing soccer, Player A is consenting to all contacts that occur in a
game
b. not sue Player B for battery because all soccer players sign general liability forms
c. sue Player B for battery because punching is not a normal contact in a soccer game
d. sue Player B for battery because punching is against the rules in soccer
e. none of the other choices
172. When playing soccer, two players go for the ball at the same time. Player A misses the ball and kicks Player B,
whose leg is broken. If B sues A for negligence, A's defense will likely be:
a. privilege
b. defense of property
c. consent
d. self-defense
e. all of the other choices may be defenses
173. In an assault or battery case a privilege can:
a. give immunity from liability
b. reduce the amount the defendant has to pay to the plaintiff
c. increase the amount the defendant has to pay to the plaintiff
d. allow the defendant to defer payment of damages until a later date
e. none of the other choices
174. In an assault or battery case a privilege can:
a. set a limit on the amount the plaintiff can be awarded in damages
b. reduce the amount the defendant has to pay to the plaintiff
c. increase the amount the defendant has to pay to the plaintiff
d. allow the defendant to defer payment of damages until a later date
e. none of the other choices
175. A privilege can excuse what would have been a tort if the defendant:
a. acted without knowing the consequences of his actions
b. acted to further an interest of social importance that deserves protection
c. acted to further his own interests
d. acted to harm a wrongdoer
e. none of the other choices
176. On a hot day, you see a baby left in a car while the parents are not to be seen. The child is obviously hot, so you
break the window on the car to let air in. The parents sue you for damaging their vehicle. Your defense will likely
be:
a. privilege
b. defense of property
c. consent
d. self-defense
e. all of the other choices may be defenses
177. Self-defense is a based on the need to allow people who are attacked to take steps to protect themselves.
a. proximate cause
b. defense
c. consent
d. privilege
e. none of the other choices
178. Self-defense is a(n) based on the need to allow people who are attacked to take steps to protect themselves.
a. proximate cause
b. defense
c. consent
d. intervening action
e. none of the other choices
179. Albert is attacked by Bruce while getting out of his car in a store parking lot. Albert punches Bruce in the face,
breaking Bruce's nose. When Bruce sues Albert for battery, Albert is likely to use as a defense.
a. defense of property
b. self-defense
c. consent
d. privilege
e. none of the other choices
180. Albert is attacked by Bruce while getting out of his car in a store parking lot. Albert punches Bruce in the face,
breaking Bruce's nose. When Bruce sues Albert for battery, Albert is likely to use as a defense.
a. defense of property
b. defense of livelihood
c. consent
d. privilege
e. none of the other choices
181. Sarah is attacked by Jane as she is getting her mail from the mailbox. Sarah punches Jane and knocks her
unconscious. While Jane is unconscious, Sarah continues to punch her. Sarah will not be able to use self-defense as
a defense if Jane sues her for battery because:
a. Sarah continued to inflict punishment on her attacker once the attacker was helpless
b. Sarah did not warn her attacker that she would continue to beat her, even if the attacker stopped
c. Sarah should not have been getting her mail alone
d. Sarah will be able to use self-defense
e. none of the other choices
182. In most states doctrines allow one to match force for force.
a. "proximate cause"
b. "intervening action"
c. "stand your ground"
d. "no retreat"
e. "every man for himself"
183. In most states doctrines allow one to match force for force.
a. "proximate cause"
b. "intervening action"
c. "every man for himself"
d. "no retreat"
e. none of the other choices
184. If a person is being threatened with an attack, another person has the privilege to:
a. defend the victim by shooting the attacker
b. defend the victim by using reasonable force
c. defend the victim by arresting the attacker
d. all of the specific choices
e. none of the specific choices
185. If John shoots Bill when he sees him stealing a packet of gum from John's convenient store, John will not be able to
use defense of property as a defense because:
a. guns are only allowed for defense of human life
b. only policemen are allowed to use guns to defend property
c. there were no witnesses
d. the force was not reasonable under the circumstances
e. the gum was worth less than $10,000
186. Which of the following is not a defense that may be raised in case of assault or battery:
a. privilege
b. defense of property
c. consent
d. self-defense
e. all of the other choices may be defenses
187. Which of the following is not a defense that may be raised in case of assault or battery:
a. privilege
b. defense of property
c. consent
d. helplessness
e. self-defense
188. False imprisonment is the deprivation of a person's liberty without justification. To establish a cause of action, the
plaintiff must show:
a. the restraint was cruel or demeaning
b. that she attempted to leave but was prevented
c. the restraint was intentional
d. that physical force was used
e. all of the other choices must be shown
189. False imprisonment is the deprivation of a person's liberty without justification. To establish a cause of action, the
plaintiff must show:
a. that their right to freedom of movement was violated
b. the defendant restrained the plaintiff
c. the restraint was intentional
d. all of the other specific choices must be shown
e. none of the other specific choices need be shown
190. False imprisonment:
a. violates the protected interest in freedom from restraint of movement
b. violates the protected interest of freedom to live where you chose
c. violates the protected interest of freedom of speech
d. is a violation of personal privileges
e. none of the other choices
191. False imprisonment is:
a. the deprivation of a person's liberty under special circumstances
b. the deprivation of a person's liberty without justification
c. the deprivation of a person's liberty in his own home
d. the deprivation of a person's liberty in a public place
e. the deprivation of a person's mental liberty
192. False imprisonment is the unjustified, intentional detention of a person. The detention:
a. must be physical
b. must be violent
c. need not be physical
d. must be verbal
e. must be reasonable under the circumstances
193. The intentional detention of a person may be the tort of:
a. battery
b. assault
c. defamation
d. duress
e. false imprisonment
194. The intentional detention of a person may be the tort of:
a. battery
b. invasion of privacy
c. defamation
d. conversion
e. none of the other choices
195. 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 Drixoral cold medicine, the appeals court held that:
a. there was a tort of false imprisonment because the defendant's employees intended to confine Forgie-
Buccioni
b. there was a tort of false imprisonment because the defendant's actions resulted in confinement
c. there was a tort of false imprisonment because Forgie-Buccioni was aware of the confinement
d. all of the specific choices
e. none of the other specific choices
196. 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 Drixoral cold medicine, the appeals court held that:
a. there was a tort of false imprisonment because the defendant's employees did not intend to confine Forgie-
Buccioni
b. there was a tort of false imprisonment because the defendant's actions were insulting to the plaintiff
c. there was a tort of false imprisonment because the defendant did not explain what was happening to the
plaintiff
d. all of the specific choices
e. none of the other specific choices
197. Reckless or outrageous conduct that creates severe mental torment may be the tort of:
a. battery
b. libel
c. slander
d. invasion of privacy
e. emotional distress
198. Reckless or outrageous conduct that creates severe mental torment is the tort of:
a. battery
b. libel
c. slander
d. invasion of privacy
e. none of the other choices
199. The tort of emotional distress:
a. involves conduct that is so outrageous that it creates severe mental or emotional distress in another person
b. involves private information
c. involves confidential medical information
d. causes the plaintiff to suffer a mental breakdown
e. none of the other choices
200. The tort of emotional distress protects:
a. physical wellbeing
b. mental health
c. peace of mind
d. mental development
e. all these interests are protected by the tort of emotional distress
201. The tort of emotional distress protects:
a. physical wellbeing
b. adults, but not minors
c. employees, but not customers
d. mental development
e. none of the other choices
202. The tort of emotional distress protects from conduct that goes beyond the bounds of decency, but not from:
a. petty insults
b. bad language
c. annoying behavior
d. all the other specific choices
e. none of the other specific choices
203. The tort of emotional distress protects from conduct that goes beyond the bounds of decency, but not from:
a. an insult
b. multiple harassing late-night phone calls
c. violent threats
d. all the other specific choices
e. none of the other specific choices
204. In case of a tort claim of emotional distress, the plaintiff could:
a. win for having been insulted by bad language
b. win only if some physical injury is proven to accompany the mental injury
c. win only if "outward manifestations" of mental injury are apparent
d. win for distress over injuries suffered by victims of war in other countries
e. none of the other choices
205. In case of a tort claim of emotional distress, the plaintiff could:
a. win for having been insulted by bad language
b. win only if some physical injury is proven to accompany the mental injury
c. win only if "outward manifestations" of mental injury are apparent
d. win for observing a terrible injury inflicted on one's child
e. none of the other choices
206. Extreme debt collection tactics, such as late night threatening phone calls, may cause legal action based on the tort
of:
a. battery
b. infliction of emotional distress
c. persecution
d. malicious prosecution
e. all of the other choices
207. To harass someone with late-night phone calls, profanity, threats, name-calling, and extreme bad behavior could lay
the groundwork for the tort of:
a. trespass
b. battery
c. emotional distress
d. defamation
e. none of the other choices
208. To harass someone with late-night phone calls, profanity, threats, name-calling, and extreme badgering could lay the
groundwork for the tort of:
a. trespass
b. battery
c. fraud
d. defamation
e. none of the other choices
209. In Lawler v. Montblanc North America, where Lawler, a store manager, was fired after telling her employer
that she could not work more than 20 hours a week due to a medical condition. She sued for emotional distress
but lost at trial. For the appeals court to reverse the district court's judgment for the defendant it held that Lawler
would have had to show that:
a. the defendant committed an act amounting to extreme or outrageous conduct
b. the defendant had the intent to cause extreme emotional distress
c. the defendant's conduct was the actual cause or proximate cause of plaintiff's injury
d. Lawler must show more than "anxiety" and "sleeplessness"
e. all of the other choices are part of the appeal's court reasoning
210. In Lawler v. Montblanc North America, where Lawler, a store manager, was fired after telling her employer
that she could not work more than 20 hours a week due to a medical condition, she sued for:
a. libel
b. emotional distress
c. assault
d. battery
e. slander
211. In Lawler v. Montblanc North America, where Lawler, a store manager, was fired after telling her employer
that she could not work more than 20 hours a week due to a medical condition, she sued for:
a. libel
b. false imprisonment
c. assault
d. battery
e. none of the other choices are correct
212. In Lawler v. Montblanc North America, where Lawler, a store manager, was fired after telling her employer
that she could not work more than 20 hours a week due to a medical condition, she sued for emotional distress
and the appeals court held that:
a. she had no claim for emotional distress, but may have one for assault because of the fear she felt
b. she had no claim for emotional distress because the situation was upsetting, not outrageous
c. she had a claim for emotional distress as her expert witness testified that the situation likely triggered a
severe mental response
d. she had a claim for emotional distress, as her expert witness testified that the behavior of her supervisor
was outrageous and "beyond the bounds of decency"
e. none of the other choices are correct
213. In Lawler v. Montblanc North America, where Lawler, a store manager, was fired after telling her employer
that she could not work more than 20 hours a week due to a medical condition, she sued for emotional distress
and the appeals court held that:
a. she had no claim for emotional distress, but may have one for battery due to suffering the threat by the
employerr
b. she had no claim for emotional distress but may have one for defamation, so the case should be retried
c. she had a claim for emotional distress as the situation was "outrageous"
d. she had a claim for emotional distress, as it involved disability discrimination
e. none of the other choices are correct
214. The right to privacy is:
a. protected by the tort of invasion of privacy, a fairly recent development in tort law
b. strongly protected if one is an entertainer, politician, or other "public personality"
c. recognized by courts, even when information about a person is taken from public files and published
d. one created by state statute in most states
e. all of the other choices
215. The right to privacy is:
a. not applied to photographs or other visual representations
b. strongly protected if one is an entertainer, politician, or other "public personality"
c. recognized by courts, even when information about a person is taken from public files and published
d. one created by statute in most states
e. none of the other choices
216. One concept behind the tort of invasion of privacy is to:
a. encourage the public exposure of true private facts
b. protect individual rights to solitude and freedom from unwarranted public exposure
c. allow the government to tap telephone conversations
d. place criminal sanctions on the use of a person's name without their permission
e. protect the publication of "false light" stories
217. The concept behind the tort of invasion of privacy is to:
a. encourage the public exposure of true private facts
b. allow the government only to tap telephone conversations
c. place criminal sanctions on the use of a person's name without their permission
d. protect the publication of "false light" stories
e. none of the other choices
218. The use of a person's name or picture without permission is an example of the tort of:
a. invasion of privacy
b. negligence
c. invasion of solitude
d. invasion of space
e. battery
219. James's employer published a picture of him on the company website without James's permission. James could sue
the company for:
a. negligence
b. invasion of privacy
c. emotional distress
d. battery
e. assault
220. James's employer published a picture of him on the company website without James's permission. James could sue
the company for:
a. negligence
b. assault
c. emotional distress
d. battery
e. none of the other choices
221. Illegal wire tapping is an intrusion into a person's solitude and an example of the tort of:
a. negligence
b. invasion of solitude
c. invasion of privacy
d. battery
e. false imprisonment
222. Harassing telephone calls may be the basis for a tort case of:
a. false imprisonment
b. battery
c. negligence
d. harmful contact
e. invasion of privacy
223. Erin's employer published a story about her that portrayed her as a sneaky, deceitful person when in reality, she
is a very open and honest person. Erin will probably sue for:
a. defamation
b. negligence
c. assault
d. false imprisonment
e. battery
224. Erin's employer published a story about her that portrayed her as a sneaky, deceitful person when, in reality, she is
a very open and honest person. Erin could best sue for:
a. battery
b. negligence
c. assault
d. false imprisonment
e. none of the other choices are realistic
