True/False
Indicate whether the
statement is true or false.
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1.
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A battery is an attempted assault.
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2.
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False imprisonment occurs even if the tortfeasor did not
intend to confine the victim.
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3.
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An intentional tort is an
injury designed to injure a person or a person’s property.
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4.
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Both intentional torts and
negligence cases require intent.
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5.
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A single act can be the basis
for both a tort claim and a criminal action.
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6.
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The goal of criminal
prosecution is to get monetary compensation for the victim.
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7.
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In an assault, the threat must
be immediate or imminent.
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8.
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A verbal threat on the
telephone is considered an assault.
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9.
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No actual touching is needed
for a battery.
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10.
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The standard used to determine
if a physical contact is offensive is the reasonable person standard.
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11.
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Accidentally bumping someone
in a crowded, moving elevator is considered a battery.
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12.
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Mary threw a snowball at James
but it hit John instead. Mary has committed a battery against James.
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13.
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False imprisonment involves
confinement without the captive’s consent.
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14.
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Patient dumping creates a
cause of action as a result of nonuniform treatment of patients.
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15.
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A shopkeeper’s
questioning a suspected shoplifter for up to eight hours is considered
reasonable.
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16.
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Occasional teasing constitutes
a hostile work environment.
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17.
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The court can draw a negative
inference or preclude the admission of evidence or testimony when spoliation of evidence has
occurred.
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18.
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Patient dumping is a new
tort.
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19.
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Transferred intent holds
tortfeasors accountable for their actions even when they did not desire to hit the third person
involved.
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20.
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Appreciable confinement is
defined as unreasonable under the circumstances. Therefore, detaining someone in a burning building
for even a few seconds could be considered unreasonable.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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21.
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Intentional torts may be best defined
as
a. | The failure to exercise reasonable
care | b. | Conduct that is fashioned to harm another person or his
or her property. | c. | Conduct for which
the defendant is liable regardless of fault or intent. | d. | Behavior that is also criminal. | e. | None of the above. |
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22.
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Which of the following is not an example of
confinement, an element of false imprisonment?
a. | Locking the victim in a room with one door and no
windows. | b. | Placing armed guards outside the victim’s
apartment while the victim is asleep. | c. | Telling the victim
that if he or she leaves the premises, the victim will be beaten up. | d. | Posting a sign outside a store’s shoplifter detention area reading,
“WARNING! ATTACK DOGS AWAIT OUTSIDE THIS ROOM!” | e. | Placing the victim in the back seat of an automobile with all doors unlocked,
driving at 75 m.p.h. on the interstate. |
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23.
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Assault is best defined as
a. | Battery. | b. | Unconsented physical contact. | c. | A breach of the king’s peace. | d. | All of the above. | e. | None of the
above. |
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24.
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Apprehension, as used in assault,
means
a. | A person reasonably fears for his or her physical safety
in anticipation of being struck by an unconsented, harmful, or dissatisfied
contact. | b. | A person’s response to having been struck or
contacted in an offensive matter by a tortfeasor. | c. | A person’s reasonable fear that a tortfeasor’s offensive language
will provoke physical retaliation. | d. | The
tortfeasor’s attempt to touch another person in an offensive or harmful
manner. | e. | None of the
above. |
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25.
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Stephanie is walking to class in a crowded hallway
at the city’s community college. Suddenly and unexpectedly, the fire alarm sounds. Although the
students remain calm and walk toward the exits, one of the school’s faculty panics and, in
haste to escape, knocks Stephanie to the ground, injuring her. Which intentional tort has occurred,
if any?
a. | False imprisonment. | b. | Fraud. | c. | Battery. | d. | Invasion of
privacy. | e. | No intentional torts were
committed. |
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26.
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Transferred intent is an element of which of the
following intentional torts?
a. | Assault. | b. | False imprisonment. | c. | Intentional
infliction of emotional distress. | d. | Battery. | e. | None of the
above. |
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27.
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What best distinguishes assault from battery in
tort law?
a. | The legislature passes a
statute. | b. | The courts interpret the common
law. | c. | Assault requires physical conduct, and battery does
not. | d. | Battery requires physical conduct, and assault does
not. | e. | None of the
above. |
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28.
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Patient dumping is defined as
a. | dropping a patient during surgery. | b. | dropping a patient while lifting the patient. | c. | denial of treatment to emergency patients or women in labor.
| d. | all of the above. |
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29.
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The shopkeeper’s
privilege a. | permits shopkeepers to keep lost merchandise.
| b. | allows shopkeepers to bring home 10% of goods at cost.
| c. | authorizes shopkeepers to spy on customers in dressing rooms.
| d. | permits a shopkeeper to stop and detain a suspected shoplifter.
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30.
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Sexual harassment consists of
a. | unwelcome sexual advances. | b. | requests for sexual favors. | c. | verbal conduct of a sexual
nature. | d. | physical conduct of a sexual nature. | e. | all of the above. |
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31.
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Spoliation of evidence is
a. | when evidence that is perishable goes bad.
| b. | when the prosecutor unveils the defense attorney’s theory
of the case. | c. | when evidence relevant to a
legal proceeding is deliberately withheld, lost, or destroyed. | d. | defined the same in all states. |
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32.
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a. | the goal is compensation for the victim.
| b. | the burden of proof is beyond reasonable doubt.
| c. | the victim harmed is society. | d. | the rules of evidence followed are criminal rules.
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33.
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a. | protects people from misdirected physical contact.
| b. | is a legal fiction. | c. | all of the above. | d. | none of the above.
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