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 patient
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15.
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A shopkeeper’s questioning of 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 best be 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 mph 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 to, harmful, or distasteful
contact. | b. | a person’s response to having been struck or
contacted in an offensive manner by a
tortfeasor. | c. | a person’s reasonable fear that a tortfeasor’s offensive language
will provoke physical retaliation. | d. | the
tortfeasor’s intent 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 contact, and battery does
not. | d. | Battery requires physical contact, 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
way in all states. |
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32.
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In a torts case, the
a. | goal is compensation for the
victim. | b. | burden of proof is beyond reasonable
doubt. | c. | victim harmed is society. | d. | rules of evidence followed are criminal
rules. |
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33.
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Transferred intent
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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