Torts Overview And Intentional Torts
Practice Quiz for torts
Questions and Answers
- 1.
(Please separate your answer with a comma.) What are the four elements of torts?
Explanation
The four elements of a general tort case is act, causation, damages, culpabilityRate this question:
- 2.
Describe actual causation in a torts case.
- 3.
What is proximate causation in terms of a general tort case?
- 4.
A legal entitlement to sue someone is __ ________ ____ __________.
Explanation
a cause for actionRate this question:
- 5.
When a plaintiff can prove all elements for a cause of action, the plaintiff has a ____ ______ case.
Explanation
prima facieRate this question:
- 6.
A defendant doesn't have to do anything in order to win a case.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
In a legal case, the burden of proof lies with the prosecution, not the defendant. This means that it is up to the prosecution to present evidence and convince the court of the defendant's guilt. The defendant is not required to prove their innocence or provide any evidence. Therefore, it is possible for a defendant to win a case without taking any action or presenting any evidence. This makes the statement "A defendant doesn't have to do anything in order to win a case" true.Rate this question:
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- 7.
What are two things a defendant can do, if they wish, to win a torts case?
- 8.
In order to establish intent in a torts case, the plaintiff must prove that the defendant had (a) ________ to cause the consequences of his act, or (b) _______ that the consequences are certain to result from it.
- A.
Intent; believes
- B.
Motive; believes
- C.
Did not intend to; does not believe
- D.
Desire; believes
Correct Answer
D. Desire; believesExplanation
Answer D is the correct answer.Rate this question:
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- 9.
Motive is usually irrelevant on the issue of liability.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
This statement is true.Rate this question:
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- 10.
(Please separate answers with a comma.) _______ is the desire to cause certain immediate consequences; _______ is the actor’s reason for having that desire.
Correct Answer
intent, motiveExplanation
intent, motiveRate this question:
- 11.
If the harm was intended the tort is considered ___________.
Correct Answer
intentionalExplanation
intentionalRate this question:
- 12.
If D did not intend to cause harm, the tort is considered n__________ or r____________ depending upon the magnitude and probability of the risk and D’s consciousness of it.
Correct Answer
negligent, recklessExplanation
negligent, recklessRate this question:
- 13.
Children are not capable of committing intentional torts.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
This statement is false.Rate this question:
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- 14.
In most jurisdictions, a mentally incompetent or insane person is liable for his intentional torts, even when incapable of forming a purpose or understanding the consequences of his conduct.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
This statement is true.Rate this question:
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- 15.
If D trespasses on land, and then during that trespass assaults the true owner, will a court find that D had intent to assault the true owner?
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
Yes the court will.D’s intent to commit any one of the original trespass-based torts (assault, battery, false imprisonment, trespass to land or chattels) automatically supplies the intent for any of the other four.Rate this question:
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- 16.
If D shoots a gun at A, but instead of hitting A the bullet ricochets off of a mirror and injures B, will the court find that D had intended to injure B?
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
Yes. D's intent can transfer from A (D’s intended victim) to B (D’s actual but unintended victim).Rate this question:
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- 17.
An intentional infliction of a harmful or offensive touching of a person is known as __________.
Correct Answer
batteryExplanation
batteryRate this question:
- 18.
(Please separate your answer with a comma.) The five elements of battery are a___, i_______, c_____________,t__________, h________ or o___________.
Correct Answer
act, intent, causation, touching, harmful, offensiveExplanation
act, intent, causation, touching, harmful, offensiveRate this question:
- 19.
If D intends to effect a b_______ or a a__________ intent has been established.
Correct Answer
battery, assaultExplanation
If D intends to effect a battery or a assault intent has been established, it means that if the defendant has the intention to physically harm someone or if there is evidence that the defendant had the intention to commit an act that would cause fear of immediate physical harm to someone, then the elements of both battery and assault have been met. Battery refers to the actual physical contact or harm caused to another person, while assault refers to the intentional act that creates a reasonable apprehension of harmful or offensive contact.Rate this question:
- 20.
The D must actually touch the victim to constitute battery.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Battery is a legal term that refers to the intentional and harmful physical contact with another person. In order to constitute battery, the contact does not necessarily have to be a direct touch. It can include actions such as hitting someone with an object or throwing something at them. Therefore, the statement that the D must actually touch the victim to constitute battery is false.Rate this question:
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- 21.
If Saw laid an elaborate trap for one his victims, has battery occurred even though he did not actually touch his victim?
- A.
Yes
- B.
No.
Correct Answer
A. YesExplanation
Yes. Touching can be direct or indirect (e.g., setting something in motion, laying a trap).Rate this question:
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- 22.
If D, out of anger that P slept with her boyfriend, smashes a baseball bat into the rear window of P's car, while P is in it, has D touched P in terms of battery?
- A.
Yes.
- B.
No
Correct Answer
A. Yes.Explanation
Yes.Touching of a person includes anything connected to the person.Rate this question:
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- 23.
Russell Crowe walks up to Lindsay Lohan and pokes her because she has forgotten her lines again. Can Lindsay Lohan sue for battery?
- A.
Yes.
- B.
No.
Correct Answer
B. No.Explanation
No. Based on a reasonable person standard, poking is not considered to be harmful or offensive.If for example, Russel Crowe had grabbed Lindsay Lohan's boobs without her permission (highly unlikely) Lohan may be able to sue for battery.Rate this question:
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- 24.
If a baseball player consents to his teammate hitting him in the nose with a baseball bat, is the baseball player's friend liable for battery?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
No.If P consents to D's touching, P cannot sue for battery.Rate this question:
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- 25.
An intentional creation of an immediate apprehension of a harmful or offensive touching is known as _________.
Correct Answer
assaultExplanation
Assault refers to the deliberate act of creating an immediate sense of fear or apprehension in someone's mind regarding an offensive or harmful physical contact. It involves intentionally causing someone to believe that they are about to be physically harmed or touched in an offensive manner. This can be done through verbal threats, aggressive gestures, or any other means that instills fear in the victim. Assault does not necessarily involve physical contact, but rather focuses on the creation of fear or apprehension in the victim.Rate this question:
- 26.
(Please separate answer with a comma.) The six elements of assault are a___, i____, c___________, a________________, w_____, i__________.
Correct Answer
act, intent, causation, apprehension, words, immediacyExplanation
act, intent, causation, apprehension, words, immediacyRate this question:
- 27.
If Bobby Brown attempts to hit Whitney Houston, but instead stops his fist right before her nose, has Bobby Brown satisfied the act element of assault?
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
Yes. Even faking to hit someone is considered assault.Rate this question:
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- 28.
If P is walking through a tunnel, and D turns off the light, making P scared, did D satisfiy the element of apprehension for assault?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
No. The P must be expecting an immediate battery not just be scared.Rate this question:
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- 29.
If D walks up to P with a hand in his pocket, and P perceives that the hand in D's pocket is a gun, and P is apprehensive that D is going to shoot him, has D satisfied the apprehension aspect of assault?
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
Yes. If P percieves reasonably that an attack is imminent, the apprehension aspect of assault has been satisfied.Rate this question:
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- 30.
If D walks up to P with a hand in his pocket, and P perceives that the hand in D's pocket is a gun, and P is apprehensive that D is going to shoot him, but then D notes that he has a hand in his pthe ocket, has D satisfied the apprehension aspect of assault?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
No.Words and acts are not sufficient by themselves. The P must believe that attack is possible, and is going to happen soon. When words negate the conduct, the conduct is no longer considered assault.Rate this question:
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- 31.
William of the Black Eye Peas walks up to Perez Hilton and says "Because you keep saying mean things about Fergie I'm going to beat you up later tonight." Will the court find that Williams conduct is imminent in terms of assault?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
No. Threat to assault later is not sufficient to satisfy the imminence aspect of Torts. The action must occur right away.Rate this question:
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- 32.
(Please separate answers with a comma.) The six elements of false imprisonment are a____, i_______, c____________, c______________, b_________ a_____, a__________ or h____.
Correct Answer
act, intent, causation, confinement, bounded area, awareness, harmExplanation
act, intent, causation, confinement, bounded area, awareness, harmRate this question:
- 33.
The element of act can be satisfied by someone keeping someone confined, or failing to release someone from confinement.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
This statement is true.Rate this question:
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- 34.
Is locking a P in a room where there are no available exits a sufficient method of confinement?
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
Physical boundaries can be considered a physical method of confinementRate this question:
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- 35.
Using physical force is not a sufficient method of confinement.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Physical force alone is not a sufficient method of confinement because it may not effectively control or restrain a person. Confinement requires more than just physical force; it also requires appropriate facilities, equipment, and procedures to ensure the safety and security of the individual being confined. Physical force may be necessary in certain situations, but it is not the only factor to consider when implementing a confinement method. Therefore, the statement is false.Rate this question:
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- 36.
If D tells P that if P leaves their confinement, D will tase them in the head with a taser gun, has D used a sufficient method of confinement?
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
Yes.Threats of force are sufficient methods of confinement.Rate this question:
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- 37.
If Paris Hilton, dressed as a cop, locks Donald Trump in his room for possession of cocaine (when he in fact has no cocaine on his person), will Paris Hilton be considered liable for false imprisonment
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
Yes. Illegal use of authority is considered confinement.Rate this question:
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- 38.
If your pastor tells you that you shouldn't leave church because it would be affront to God, and you stay, can you later sue him for false imprisonment.
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
No. Appeals to moral sensibilities are not a sufficient means of keeping someone confined.Rate this question:
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- 39.
If Professor Richotte tells you that if you leave class he will cut off your hand later in the day, and you stay in class, is Richotte liable for false imprisonment
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
No. Threat of future actions are not sufficient means of false imprisonment.Rate this question:
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- 40.
Duration of time is an important aspect in determining false imprisonment.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The duration of time is not necessarily an important aspect in determining false imprisonment. False imprisonment refers to the unlawful confinement or restraint of a person against their will, regardless of the duration. Even a brief period of confinement can be considered false imprisonment if it meets the other necessary elements, such as the lack of consent or lawful justification. Therefore, the statement that duration of time is an important aspect in determining false imprisonment is false.Rate this question:
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- 41.
If a person is bounded in a house, and they fail to check every door to ensure that all exits are locked, is that person considered confined in bounded area?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
No. If there is a reasonable means of escape such as a door, and the P fails to attempt to find or use it, the claim of false imprisonment is rejected and they are not considered to have been in a bounded area.Rate this question:
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- 42.
You pass out drunk in your hotel room. Your frenemy than proceeds to weld the door shut, so they can make out with your significant other. By the time you wake up security has already unlocked the door. Can you sue for false imprisonment?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
No. P must be aware of the confinement during the confinement.Rate this question:
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- 43.
If P is locked in a room, and is aware of his/her confinement, but is unharmed, has the awareness or harm element been satisfied?
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
Yes. If plaintiff is unharmed, but is aware of the confinement, this element is satisfied.Rate this question:
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- 44.
P is locked in a room for a month without food or water. All exits were barred. At the end of the confinement, P almost starved to death and had to go to the hospital for a month. During the whole time of their confinement, P was in a coma from being knocked out in the room. Can P say they satisfied the awareness or harm element of false imprisonment.
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
Yes. If plaintiff is unaware of the confinement, but is harmed by it, the confinement, this element is satisfiedRate this question:
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- 45.
The intentional or reckless infliction, by extreme and outrageous conduct, of severe emotional distress is known as ___.
Correct Answer
IIEDExplanation
IIEDRate this question:
- 46.
(Please separate answers with a comma.) The five elements of IIED are a__, i_____ or r__________, e______ and o_________ conduct, c__________, s_____ e________ d_______.
Correct Answer
act, intent, recklessness, extreme, outrageous, causation, severe, emotional, distressExplanation
act, intent, recklessness, extreme, outrageous, causation, severe, emotional, distressRate this question:
- 47.
Ann was in class when a classmate came to the door of the classroom motioning her to come out. Ann walked out of the classroom. Her classmate proceeded to tell her that her entire family had died in a plane crash. Ann, breaks down in tears, begins to shake, and is obviously mortified and rushes to phone a nearby relative, and finds out then that her classmate had been joking. Would this be considered outrageous and extreme conduct?
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
Yes.Rate this question:
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- 48.
Bob was walking down the street when someone told him he had spilt some chocolate ice cream on his shirt and that it looked like poop. Bob was, who was already having a bad day, starts to cry. Was this conduct outrageous and extreme?
- A.
Yes
- B.
No
Correct Answer
B. NoExplanation
No. The "eggshell plaintiff" doctrine does not apply to allow unusually sensitive plaintiffs to recover for act that would not cause severe emotional distress in persons generally.Rate this question:
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- 49.
Ann knows that Bob is deathly afraid of clowns. When Bob is walking down the street, Ann runs at Bob and chases Bob in a Clown costume until Bob collapses in an anxiety attack. Is Ann liable for IIED?
- A.
Yes
- B.
No
Correct Answer
A. YesExplanation
Yes. If the defendant knows about the unusual sensitivity, a cause of action will lieRate this question:
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- 50.
An intentional physical invasion of a person's real property is known as ________ __ ____.
Correct Answer
trespass to land.Explanation
trespass to land.Rate this question:
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Mar 21, 2023Quiz Edited by
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Sep 13, 2010Quiz Created by
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