Ch 6

Melissa's tugboat accidentally collides with Tyler's yacht, and Tyler sues Melissa for negligence. A federal jury finds Melissa liable and awards Tyler $5,000 in compensatory damages and $50 million in punitive damages. Melissa appeals to the United States Supreme Court challenging the punitive damage award. If the court heard the case, it would likely:
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Melissa's tugboat accidentally collides with Tyler's yacht, and Tyler sues Melissa for negligence. A federal jury finds Melissa liable and awards Tyler $5,000 in compensatory damages and $50 million in punitive damages. Melissa appeals to the United States Supreme Court challenging the punitive damage award. If the court heard the case, it would likely:
Overturn the punitive damage award as grossly excessive.
Ethan is larger and stronger than Nate. Ethan threatens to beat Nate, punches Nate in the face, and knocks out Nate's tooth. Nate may bring a lawsuit against Ethan:
for assault and battery.
Wilhelm has an argument with his apartment roommate, Arthur. Wilhelm tells Arthur that if he leaves their apartment, Wilhelm will lock Arthur in his room when he returns. Arthur, frustrated with Wilhelm, leaves the apartment to take a walk. If Arthur were to sue Wilhelm for false imprisonment, Arthur would most likely:
not be successful, because threats of future harm do not constitute false imprisonment.
Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to sue Mel for:
infliction of emotional distress.
Stephanie stands in front of her home with a bullhorn shouting that her new neighbor, Kyle, has just been released from prison for child molestation. Stephanie knows this statement is false. Under what legal theory may Kyle recover damages from Stephanie?
slander per se
Mark is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Mark, to host a competing show. MoreTalk encourages Gordon to imitate Mark as closely as possible while on the air. MoreTalk is most likely to be liable for:
appropriation.
Doug obtains permission to be on Nathan's land for one day to hold a four-wheeling event. Doug's truck breaks down, and instead of removing it, he leaves it on Nathan's property for several days after the event. Doug has most likely committed:
trespass to land.
While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory. They become lost, and a rescue effort begins. Climbing the mountain, a snowplow accidentally cuts a nearby town's main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders' negligence in ignoring the warning signs is:
the causation in fact, but not the proximate cause, of Ethel's death.
Baylee is driving her friend Sarah to the movies. Baylee loses control of the car and crashes into a fence. The vehicle's airbags deploy, and both Sarah and Baylee are shaken up but not physically injured. Sarah threatens to sue Baylee for negligence. Sarah's lawsuit is likely to be:
unsuccessful, because Sarah was not injured.
The basic purpose of tort law is to punish criminal wrongdoers.
False
Which of the following are the two broad classifications of torts? Select two.Unintentional torts Intentional tortsBecause an intentional tort requires intent, a harmful motive is required.FalseA person who engages in unexcused and harmful or offensive physical contact against someone else has committed:battery.Jill is much stronger than Jack and stares at him in a menacing way. One day she tells Jack that she is going to beat him if she ever sees him again. Several hours later she sees Jack coming out of his house and proceeds to punch him in the face. Jack will probably bring a lawsuit against Jill:for assault and battery, because there was both a threat and a harmful action.Which of the following has nothing to do with false imprisonment?A person is made fearful of unwanted and possibly harmful contact with another person.Joe could not recover for the intentional infliction of emotional distress if his neighbor, Mike, sent him a text message saying that Joe's mother was killed in a car accident if:Joe knew it was untrue.Which of the following is NOT slander per se?A statement that another has engaged in a sexual affair while marriedWhich of the following is not an element of fraudulent misrepresentation?The misrepresentation of opinionsWhich of the following is NOT an element of the tort of wrongful interference with a contractual relationship?None of theseTrespass to land occurs when which of the following happen:all of these without permission, a person enters land that is owned by another. without permission, a person causes anything to enter land that is owned by another. without permission, a person remains on the land owned by another.Trespass to land is defensible by:obtaining permission for use of that land.You throw a small birthday party for a friend at a county park. The park closes at sundown, but you and your friend want to come back early the next day to continue the fun, so you leave some of your belongings in the picnic area to hold your spot. Most likely you have committed:trespass to land.When you borrow a friend's tablet device and refuse to give it back, you have committed:conversion of personal property.Which of the following acts normally does NOT constitute a conversion?Temporarily borrowing a friend's textbook and then returning itJane publishes a newsletter casting into doubt Eliza's ownership of her land. Jane has arguably committed:slander of title.A trespasser will be liable for any damage caused to the property and generally can hold the owner of the land liable for injuries sustained on the premises.FalseWhich of the following is NOT an element of negligence?IntentCooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc., unreasonably violated its standard duty of care?No, because stoves get hot and some people get burned when they are careless.The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.FalseAn attorney's conduct is judged by the reasonable person standard.FalseWhich of the following questions does a court NOT ask to determine whether the requirement of causation is met?Was there intent to cause?An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event.True