Question 1

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

Accepted Answer

The answer of Albert is attacked by Bruce while getting...

Question 2

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

Accepted Answer

While contact is normal in a soccer game, punching is not an accepted form of contact and is considered outside of the rules of the game. Therefore, Player A could potentially sue Player B for battery. Signing liability forms or consenting to normal gameplay do not necessarily waive someone's right to sue for intentional harm outside of the rules of the game.

Question 3

In an assault or battery tort case,consent:
A)can be either expressed or implied by words or conduct
B)must be expressed with words
C)must be expressed in writing
D)must be expressed by all involved parties
E)none of the other choices

Accepted Answer

Consent can be either expressed or implied by words or conduct in an assault or battery tort case. It does not necessarily have to be expressed with words or in writing, nor must it be explicitly given by all parties involved.

Question 4

In an assault or battery tort case,consent is when:
A)the injured party intentionally placed himself in danger
B)the injured party gave permission to the alleged wrongdoer to interfere with a personal right
C)the injured party did not give permission to the alleged wrongdoer to interfere with a personal right
D)the alleged wrongdoer warned the injured party of the possibility of harm
E)none of the other choices

Accepted Answer

Consent in an assault or battery tort case refers to the injured party giving permission to the alleged wrongdoer to interfere with a personal right, such as touching or hitting them. This can be express (explicit verbal or written agreement) or implied (actions indicating agreement). Without consent, the alleged wrongdoer may be liable for assault or battery. Therefore, option B is the correct choice.

Question 5

Consent,privilege,self-defense and defense of others and of property are all:
A)examples of proximate causes
B)major defenses in negligence tort cases
C)examples of substantial factors
D)not permissible defenses in assault and battery cases
E)none of the other choices

Accepted Answer

The answer of Consent,privilege,self-defense and defense of others and of...

Question 6

The principal distinction between assault and battery is:
A)the difference between the plaintiff knowing the defendant and not knowing the defendant
B)the difference between the requirements of apprehension of an offensive physical contact and of actual physical contact
C)the difference between the requirements of proximate cause and ultimate cause
D)all of the other specific choices
E)none of the other specific choices

Accepted Answer

The principal distinction between assault and battery is the difference between the requirements of apprehension of an offensive physical contact (assault) and actual physical contact (battery).

Question 7

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

Accepted Answer

Consent may be a defense in this situation if Player B consented to the level of risk inherent in playing soccer and accepted the possibility of injury. However, it would depend on the specific circumstances of the game and the actions of both players. None of the other choices would be appropriate defenses in this scenario.

Question 8

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

Accepted Answer

Albert is likely to use self-defense as a defense because he was attacked by Bruce and had to defend himself.

Question 9

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)intervening action
E)none of the other choices

Accepted Answer

The answer of Self-defense is a _______________ based on the...

Question 10

In Fuerschbach v.Southwest Airlines,where Fuerschbach was "arrested" by the police as a prank at work,the appeals court held that there could be a tort of assault and battery by the police because:
A)the officers did not intend to cause an offensive contact,but ultimately did cause an offensive contact
B)the officers intended to cause an offensive contact,but did not actually cause an offensive contact
C)the officers' conduct was not that of reasonable persons in the given situation
D)the officers did not intend to cause an offensive contact and did not cause an offensive contact
E)none of the other choices

Accepted Answer

The answer of In Fuerschbach v.Southwest Airlines,where Fuerschbach was "arrested"...

Question 11

The major defense(s)in assault and battery cases is (are):
A)privilege
B)cause-in-fact
C)consent
D)privilege and consent
E)privilege,consent and cause-in-fact

Accepted Answer

The major defense(s) in assault and battery cases are privilege and consent. Privilege refers to situations where the defendant had a legal right to use force, such as self-defense or defense of others, while consent refers to situations where the victim gave explicit or implied consent to the force used against them. Cause-in-fact is not a defense but instead refers to the direct cause of an injury in the case. Therefore, choice D is the correct answer.

Question 12

The principal distinction between assault and battery is:
A)the difference between the plaintiff knowing the defendant and not knowing the defendant
B)the difference between the defendant intending to cause harm and not intending to cause harm
C)the difference between the requirements of proximate cause and ultimate cause
D)all of the other specific choices
E)none of the other specific choices

Accepted Answer

The principal distinction between assault and battery lies in the nature of the act and the apprehension or contact involved, not in the factors listed in options A, B, or C. Assault typically involves causing someone to apprehend imminent physical harm, while battery involves actual physical contact or harm. None of the options A, B, or C accurately capture this distinction.

Question 13

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

Accepted Answer

A privilege can give immunity from liability in an assault or battery case. This means that the defendant may be excused from legal responsibility for their actions if they can prove that their conduct was justified or privileged in some way, such as acting in self-defense or in defense of others.

Question 14

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

Accepted Answer

Self-defense is a privilege, as it allows an individual to go beyond the normal constraints of the law in order to protect themselves from harm. It is not a proximate cause, as that refers to the direct cause of an injury or harm. It is also not consent, as that refers to a person giving permission for something to happen rather than actively defending themselves against it. And while defense is involved in self-defense, it is not the most accurate term to describe the unique situation of protecting oneself from an attack.

Question 15

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

Accepted Answer

The defense of privilege may apply in this situation because you can argue that you had no other reasonable choice but to break the car window in order to protect the baby's safety and health. Your actions were not motivated by malice or intent to harm the property of the parents, but rather in response to an emergency situation. Therefore, you acted with a justified privilege.

Question 16

In an assault or battery tort case,consent:
A)must be witnessed by at least one witness of legal age
B)must be expressed with words
C)must be expressed in writing
D)must be expressed by all involved parties
E)none of the other choices

Accepted Answer

Consent in an assault or battery tort case does not have to meet any of the specific conditions listed in options A, B, C, or D. Consent can be expressed in various ways, including verbally, non-verbally, or through implied actions, and does not necessarily require a witness, written documentation, or verbal affirmation.

Question 17

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

Accepted Answer

The answer of Voluntary participation in a contact sport is...

Question 18

Consent,privilege,self-defense and defense of others and of property are all:
A)defenses in assault and battery cases
B)defenses in negligence tort cases
C)examples of proximate causes
C)not permissible defenses in assault and battery cases
E)none of the other choices

Accepted Answer

Consent, privilege, self-defense, defense of others and of property are all defenses that can be used in assault and battery cases. In order to prove assault and battery, the plaintiff has to prove that the defendant intentionally caused harm without legal justification. These defenses can be used by the defendant to argue that their actions were legally justified, and therefore, they shouldn't be held liable for the harm they caused.

Question 19

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

Accepted Answer

A privilege is a defense that can be used by the defendant to justify their actions in committing an assault or battery. It does not limit or affect the damages that the plaintiff can be awarded.

Question 20

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

Accepted Answer

A privilege is a defense against a tort claim. It excuses what would otherwise be considered wrongful conduct. A defendant may assert a privilege if they took action to further an interest that society considers important and is deserving of protection, even if that action caused harm to the plaintiff. Examples of privileges include self-defense, defense of property, and the "public interest" privilege. Acting to further one's own interests or to harm a wrongdoer is not sufficient to excuse a tort.

Quiz 6: Elements of Torts

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.

Player A voluntarily participates in a soccer game and gets punched in the face by Player B.Player A could:

In an assault or battery tort case,consent:

In an assault or battery tort case,consent is when:

Consent,privilege,self-defense and defense of others and of property are all:

The principal distinction between assault and battery is:

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:

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.

Self-defense is a _______________ based on the need to allow people who are attacked to take steps to protect themselves.

In Fuerschbach v.Southwest Airlines,where Fuerschbach was "arrested" by the police as a prank at work,the appeals court held that there could be a tort of assault and battery by the police because:

The major defense(s) in assault and battery cases is (are) :

The principal distinction between assault and battery is:

In an assault or battery case a privilege can:

Self-defense is a _______________ based on the need to allow people who are attacked to take steps to protect themselves.

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:

In an assault or battery tort case,consent:

Voluntary participation in a contact sport is an example of:

Consent,privilege,self-defense and defense of others and of property are all:

In an assault or battery case a privilege can:

A privilege can excuse what would have been a tort if the defendant: