Question 1

When the misuse of the legal procedure involves the filing of a false civil lawsuit,it is called:

Accepted Answer

Wrongful civil proceedings refer to the misuse of legal procedures by filing a false civil lawsuit.

Question 2

"Survival statutes" allow the family members of an individual,who is killed as the result of a tort,to sue the wrongdoer for the loss of support from the deceased.

Accepted Answer

"Survival statutes" allow the estate of the deceased to continue a lawsuit that the deceased could have brought if they had lived, rather than suing for the loss of support. Lawsuits for the loss of support are typically brought under "wrongful death statutes."

Question 3

Criminal law differs from tort law in that:

Accepted Answer

Criminal law involves crimes that are considered public wrongs, whereas tort law involves civil wrongs between individuals that may result in injury, damage or loss. Criminal law is enforced by the government and can result in penalties such as imprisonment or fines, whereas tort law is focused on compensating the injured party for their losses.

Question 4

Munchburger,a fast-food outlet,sends an employee to hand out leaflets outside Hick's Burger,a competing fast-food outlet.The leaflets falsely accuse Hick's of using horsemeat in its burgers.Hick's may successfully sue Munchburger for:

Accepted Answer

The answer of Munchburger,a fast-food outlet,sends an employee to hand...

Question 5

________ is an element of negligence that occurs if the alleged tortfeasor has not met the appropriate standard of care.

Accepted Answer

Breach of duty is the element of negligence that occurs when the alleged tortfeasor fails to meet the appropriate standard of care, thereby breaching their duty to the plaintiff. The other answer choices may be relevant to a negligence claim, but they do not specifically pertain to a breach of duty.

Question 6

________ occurs when false statements or actions,or a combination thereof,are made by one party in a way that causes another party to rely on those misrepresentations and then suffer an injury or loss as a result.

Accepted Answer

The description given in the question is a classic example of fraudulent misrepresentation, where one party intentionally deceives another party by making false statements or actions, leading to some form of harm or loss for the latter. This is also known as deceit or fraud.

Question 7

Ching keeps a pet snake in her apartment.While Ching is hosting a party at her apartment,the snake escapes from its cage and bites a guest,seriously injuring the guest.The guest knew before attending the party that Ching has a pet snake in her apartment.If the guest sues Ching for the injury resulting from the cobra bite,Ching:

Accepted Answer

Ching will be strictly liable for the injury caused by her pet snake because she kept a dangerous animal in her apartment, and the snake poses an inherent risk of harm to others. The fact that the guest knew about the snake before attending the party does not release Ching from her duty to keep her guests safe from harm. Additionally, the guest did not assume the risk of being bitten by the snake as they had no control over the situation and were injured due to the negligence of the pet owner. Therefore, option A is the correct answer.

Question 8

In a road rage incident,Jack aims a firearm at Reagan.No shots are fired and the incident is over in less than 15 seconds.Reagan may sue Jack for:

Accepted Answer

Assault is the intentional act of causing apprehension or fear of an immediate harmful or offensive contact. In this scenario, Jack aimed a firearm at Reagan, which would reasonably cause fear of immediate harm or offense. No physical contact is required for an assault to occur.

Question 9

Mitch is photographed attending a public school board meeting where violent protestors attacked members of the school board.Later,when Mitch runs for the school board,a local newspaper publishes Mitch's picture next to that of the violent protestors.Mitch may sue:

Accepted Answer

Mitch may sue for creating a false light if the newspaper's publication of his picture next to violent protestors creates a misleading impression about his involvement or stance, even if the facts are technically true. This is a privacy tort that protects individuals from misleading portrayals.

Question 10

If a defendant can prove ________,the plaintiff can recover a share of the jury's verdict,depending on the relative fault of each party.

Accepted Answer

Comparative negligence is a legal doctrine that allows for allocation of fault between the plaintiff and defendant in a personal injury lawsuit. Under comparative negligence, if the plaintiff is partially responsible for their own injuries, their damages award is reduced by their percentage of fault. This means that even if the plaintiff is partially at fault, they can still recover damages. In contrast, under contributory negligence, if the plaintiff is even slightly at fault, they cannot recover any damages at all. Partial comparative negligence and partial contributory negligence are not commonly used legal terms.

Question 11

Wrongful death statutes allow a creditor to bring a lawsuit on behalf of the deceased.

Accepted Answer

Wrongful death statutes typically allow certain family members or the deceased person's estate to bring a lawsuit, not creditors.

Question 12

The basis of the claim in Best Products,Inc.v.ABC News involved:

Accepted Answer

The case Best Products, Inc.v.ABC News involved food disparagement, which is the spreading of false information about food products that causes economic harm to the producer. In this case, ABC News aired a segment called "A is for Apple" that raised concerns about the safety of a specific apple crop, causing significant financial losses for Best Products, Inc.

Question 13

Vienna is a quiet,reclusive,stay-at-home mom.However,last week she became a ________ after she rescued her neighbor's child from drowning in canal and was interviewed on national television as "America's Mom." As long as her notoriety lasts,she will be held to the ________ test.

Accepted Answer

Vienna became a "limited public figure" because her involvement in a specific public incident (rescuing her neighbor's child) led to her gaining public attention. The "actual malice" test applies to defamation cases involving public figures, where the plaintiff must prove that the false statement was made with knowledge of its falsity or with reckless disregard for the truth.

Question 14

The primary purpose of tort law is to:

Accepted Answer

The primary purpose of tort law is to provide compensation to the injured party for their loss, whether that loss is physical, emotional or financial. Tort law is a civil law, so it is separate from criminal law and therefore it is not aimed at punishing or preventing criminal offenders (A). Tort law also does not relate to protecting people from double jeopardy, which is a constitutional principle that applies to criminal cases (B). While tort law does protect victims' rights, this is not its primary purpose (D).

Question 15

New York Slimes journalist,John Q Public,intentionally misquotes U.S.Senator Smith who was giving a speech on the floor of the U.S.Senate.If Senator Smith wishes to sue Public for libel,she would have to prove the statement was a ________ statement made with ________ because of Smith's status as a ________.

Accepted Answer

Senator Smith is a public figure, meaning she would have to prove actual malice on the part of the journalist in order to win a libel case. Additionally, the statement was intentionally misquoted, making it false.

Question 16

________ demonstrates that "but for" the defendant's actions,the plaintiff would not have been injured.

Accepted Answer

The concept that is being described is actual cause, which refers to the direct cause and effect relationship between the defendant's actions and the plaintiff's injuries. Proximate cause and legal cause refer to broader legal concepts, and the foreseeability test is a separate legal analysis that examines whether the defendant could have reasonably foreseen the consequences of their actions.

Question 17

At the conclusion of a tort trial,the jury finds the plaintiff about 30% responsible for the damages she suffered and the defendant about 70% responsible for causing the damages.The jury determines the actual damages totals to $100,000.How much will the plaintiff recover under contributory negligence?

Accepted Answer

Under the doctrine of contributory negligence, if the plaintiff is found to be at all responsible for the damages they suffered, they are barred from recovering any damages. Since the plaintiff is found to be 30% responsible, they would recover $0.00.

Question 18

If Ann sued Sharon for assault without any factual basis,and the jury ruled in favor of Sharon,Sharon in turn may sue Ann for:

Accepted Answer

The answer of If Ann sued Sharon for assault without...

Question 19

The theory of ________ means ________.

Accepted Answer

Respondeat superior is a legal theory that holds employers liable for the tortious act of their employees committed within the scope of their employment. This doctrine means that an employee's tortious act during the course of employment will make both the employee and employer liable for the harm caused. Therefore, option A is the best choice. Option B and C have incorrect explanations of respondeat superior, and option D is incorrect as it contradicts the concept of respondeat superior.

Question 20

The Daubert case involved juriscience,the intersection of law and science,to help the court determine a question of real or:

Accepted Answer

The Daubert case dealt with the issue of causation in fact and the use of scientific evidence in proving causation. The case helped to establish the standard for admissibility of scientific evidence in federal courts.

Quiz 6: Tort Law and Cybertorts