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Chapter 8: MindTap Worksheets
Terms in this set (38)
Match the tort with its description:
4. False imprisonment
1. An action that makes another person fear an imminent harmful or offensive touching
2. Spoken defamation
3. Written defamation
4. The intentional restraint of another person without reasonable cause and without consent
5. An intentional touching of another person in a way that is harmful or offensive
A tort is a violation of a duty imposed by civil law. True or false?
If a jury returns a verdict for the prosecution and the defendant is fined, the money goes to
If a victim wants to be compensated for tortious conduct, how does he go about doing that?
file a civil lawsuit
Can the judge in a civil tort case send the defendant to jail?
A person must actually intend to cause harm to the plaintiff to be liable for an intentional tort. True or false?
Can a person who commits a tort be sent to jail as a result of his conduct?
Which of the following are elements that the plaintiff must prove in a defamation suit?
Defamatory statement, injury, falsity, communication
Which of the following are topics that are included under slander per se?
Sexual behavior, contagious disease, crimes, professional abilities
Which of the following are elements the plaintiff must prove in a libel per se case?
Defamatory statement, falsity, communication
It is easier for a (1) to win a suit for defamation than it is for a (2) to succeed in a similar suit because (3) do not have to prove (4)
(1) private individual
(2) public official
(3) private individuals
(4) actual malice
The Court's reasoning in New York Times Co. v. Sullivan emphasized the importance of
preserving free debate
The New York Times v. Sullivan rule now includes all public figures, like actors, and professional athletes, even if they are not involved in politics. True or false?
Under certain circumstances, it is legal for a store employee to detain a customer in a back office of the store. True or false?
Tammy-Lynne playfully ruffles her cousin Allan's hair at Thanksgiving. Allan hates it when people touch his hair, and he faints. Has Tammy-Lynne battered Allan?
No, because a reasonable person would not be offended by this
Marcel sells Andrew a quarter of an acre of farm land for $7,000. Andrew is delighted. Andrew does not realize that Marcel never actually owned the land, so it was not his to sell. In fact, Marcel has already "sold" that particular parcel of land to two other unsuspecting people. Marcel has committed
Miraval takes her son for a picnic. They believe the land they are on is part of public park, but in fact it is owned by a private party. She and her son
Which of the following are the major differences between conversation and theft?
Defendant may have to compensate the original property owner in a conversation suit, Defendant can go to prison for theft
A person speaking in a legislative hearing can say whatever he wants and not be sued for defamation. True or false?
In Roe and Doe v. Mills, the Court weighed most heavily
that the defendants' conduct might be considered outrageous
Which of the following are items for which compensatory damages may be awarded in a civil suit?
Future lost earning capacity, Past emotional injury and mental anguish, Future medical expenses, Reduced ability to interact socially with family and friends
1. Punitive damages
2. The single recovery principle
3. Compensatory damages
4. Economic damages
5. Non-economic damages
1. punish the defendant for conduct that is extreme and outrageous
2. requires a court to settle the matter once and for all by awarding a lump sum for past and future expenses
3. restore the plaintiff to the position he was in before the defendant's conduct caused an injury
4. include lost wages and medical expenses
5. include pain and suffering
Courts award punitive damages in most tort cases. True or false?
What are the three guideposts for the amount of the award given for punitive damages?
Reprehensibility of the defendant's conduct, 9-to-1 ratio, civil penalties imposed in similar cases
In states that distinguish between economic and non-economic damages, the jury may award any amount for (1) damages but (2) damages are generally capped
The Exxon Valdez decision may not be particularly influential on future cases because
the case involves maritime law
When an award of punitive damage is made, it is generally in a case involving a(n)
Which of the following are goals of punitive damages?
Deter similar conduct, punish the defendant
Examples of Compensatory Damages (both) and Punitive Damages
Compensatory - (1) Economic Damages; ex: lost earning capacity, medical expenses (2) Non-Economic Damages; ex: pain and suffering, inability to socialize
Punitive - ex: punish the defendant, deter similar conduct
The law expects and allows businesses to compete aggressively. True or false?
Which of the following are elements a plaintiff must establish to win a suit for tortious interference with a contract?
The defendant knew of the contract, the defendant improperly induced the third party to breach the contract or made performance of the contract impossible, there was a contract between the plaintiff and a third party, there was injury to the plaintiff
WingIt is a major distributor of birdseed. With promises of higher salaries and bonuses, the company lures two top executives from Starling, Inc., a much smaller competitor. Starling sues. WingIt should argue that
the employees did not have contracts with Starling
A political group publishes some very misleading advertisements about a senator's voting record. Why is the politician prohibited from filing suit under the Lanham Act?
because the Act covers commercial speech only
A defendant in a suit regarding tortious interference with a contract can claim that special circumstances made its conduct fair. This is the defense of
Which of the following are examples of what a defendant may show in order to establish a defense of justification?
The defendant was protecting an economic interest, the existing contract could be terminated at will, the defendant was acting in the public interest
In Texaco v. Pennzoil, Texaco's position was that
Pennzoil's agreement with the Getty Museum violated Securities and Exchange Commission (SEC) Rules
Tortious interference can occur even when there is no contract. True or false?
Which of the following are examples of what a plaintiff must show to demonstrate interference with a prospective advantage?
Plaintiff had a definite expectation of obtaining an economic advantage, defendant's conduct was independently unlawful, plaintiff had a reasonable expectation of obtaining an economic advantage
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