JURI 560 Quizzes 1,2,3

JURI 560 Quiz 1,2,3

JURI 560 Quiz 1 Intro and Intentional Tort

1. Lisa buys a high powered 3000 Lumen flashlight. She takes it to the end of her street and shines it into the eyes of pedestrians and motorists who walk by. Lisa has committed which of the following torts?
2. Children are not capable of committing an intentional tort.
3. Compensatory damages and punitive damages are available remedies in every tort case.
4. The defendant is given the first opportunity to present evidence in a trial, because our legal system emphasizes the importance of innocence until proven guilty.
5. A tort is:
6. The elements off false imprisonment include all of the following EXCEPT:
7. Trespass to Chattels can be distinguished from Conversion by:
8. Susan was taking piano lessons from Charles. Susan and her family invited Charles to a social event at their home. That evening, while Susan was seated at her desk writing, Charles walked up behind her and touched her back with both of his hands in a movement later described as one a pianist would make in striking and lifting the fingers from a keyboard. The resulting contact generated unexpected harmful injuries, including a thoracic outlet syndrome requiring the removal of the first rib on Susan’s right side. Which of the following would best explain a finding of a battery in this case?
9. Which of the following could not constitute battery if done with the requisite intent?
10. When asserting a general defense, the defendant admits to committing the tort, but asserts a legal excuse or justification for his/her actions.
11. Motive is an evil state of mind, while intent means that one is aware of the consequences of their actions.
12. Joe pushes Rachel into a room and tells her that he is going to leave her locked into the room until she dies of starvation. The room has a single door, which Joe locks upon leaving. The room also has a window. Outside the window, there is a fire escape ladder attached to the building. Which of the following torts has Joe committed against Rachel?
13. At the end of a beauty pageant, the winner and the runner-up were standing side by side. As the winner was preparing to make an acceptance speech, the runner-up made a crude and insulting comment under her breath regarding the winner. In anger, the winner pushed the runner-up and she fell off the stage. If the runner-up brings an action for battery against the winner, who will prevail?
14. The elements for criminal assault and battery are distinct from the elements of the tort of assault and battery.
15. The Case of the Thorns adopted a strict liability approach that is quite different from much of modern tort law.
16. When a case is decided by an appellate court, and a written opinion is published, which of the following is a term for the binding rule of law to come from the case:
17. Rebecca has problems with sleep. She decides to take a new herbal remedy that purports to help with sleep. Rebecca has never taken this medicine before. After taking the medicine, In the middle of the night, Rebecca begins sleep-walking. While sleep walking, she retrieves a knife from her kitchen and chases Jeff, her neighbor. Which of the following torts has Rebecca committed?
18. John is a new student at Liberty University. It is a violation of university policy to smoke cigarettes on university property. John is a smoker and doesn’t agree with the university policy. John’s roommate also does not like the smell of cigarette smoke. John thinks it would be funny to blow cigarette smoke into his roommate’s face to make him angry. John waits on the other side of the door for his roommate to enter their dorm room. When the door opens, John blows a big puff of smoke, intending to anger his roommate. To his surprise, the person entering was Sam, a friend of his roommate. Did John commit a battery on Sam?
19. Mary, drives a bus for the Brookdale elementary school. Gary, a 1st grader, rides the bus each day. Gary normally gets off the bus with his older brother. One day after school, neither Gary nor his older brother got off the bus at the stop. Thinking that both were home sick, Mary finished her route. Mary did not know that Gary was on the bus, had fallen asleep curled up in a back seat, and wasn’t visible from the front of the bus. Upon completing her route, Mary parks the bus in the garage and locks it, and the garage, trapping Gary inside. When Gary awakes, he cannot get free until the next morning. Is Mary liable for false imprisonment?
20. Tom is flying his new helicopter over the land of Barry, his neighbor. Barry does not like the noise of the helicopter as he believes that it scares his cow. Barry files a lawsuit against Tom for intentional trespass to his land. Which of the following is true?
21. The “egg-shell” plaintiff rule can result in a defendant being held liable for the unforeseen harm inflicted as the result of an intentional tort.
22. The Alien Tort Claims Act confers jurisdiction only over suits by aliens and is inapplicable to suits by U.S. Citizens.
23. Additur increases the damages awarded by a jury while remittitur decreases the damages awarded.
24. James and Michael get into an argument. James is a former professional boxer and has a terrible temper. Michael insults James and James loses his cool. James assumes a boxing stance and throws a right hook at Michael, barely missing Michael’s nose. Which of the following is true?
25. After leaving a bar one night, Jennifer (who was extremely intoxicated) parked her car in the driveway of her neighbor, Seamus. The next morning, Seamus could not leave his garage because Jennifer’s car was blocking his exit. It took him about an hour to rouse Debra into removing her car.
    Which of the following torts did Jennifer commit against Seamus?

JURI 560 Quiz 2 Defenses and Negligence

1. Consenting to engage in a fight is a valid defense to a claim for battery.
2. Absent a medical emergency, consent can be gained from a minor.
3. Ben and Wyatt are both varsity members of the basketball team. One day, during gym class, Ben and Wyatt get into a fight. During the fight, Ben suffers a broken nose. If Ben sues the school, would the school be liable?
4. Mike and Tom are arguing after having drinks outside bar. Tom clinches his fist and starts to move toward Mike in an aggressive manner. Mike pulls a knife from his pocket and stabs Tom in the arm. Tom later sues Mike for assault and battery.
5. A government actor may interfere with private property for the public good, and the public actor is not liable for any damage caused.
6. The reasonably prudent person standard is subjective and difficult to apply.
7. Jack owns a large boat that he keeps at a local dock. The boat can easily be tied down with a large tow rope, but Jack prefers to use a much smaller rope because it allows him to set sail more quickly when he wants to take the boat out. One day, the boat breaks loose in a storm and crashes into several other boats that were also kept at the dock. Using the Hand Formula, which of the following is true?
8. Jared is a difficult young boy. He often throws rocks at his neighbor’s windows and disobeys his parents. One day, after rudely insulting his mother, she smacks him on his behind. Which of the following is true?
9. The shopkeepers privilege allows a merchant to detain someone if they have probable cause to believe that the person is stealing. Thus, the merchant will be protected from a claim of false imprisonment.
10. Rachel and Tim have a three-year old child. One day, the child comes down with a severe illness. The parents take their daughter to the hospital. After being examined, the doctors explain to the parents that their child will die if the blood transfusion is not performed. The doctor does not inform the parents that there is a small risk that the child can develop a negative reaction to the blood transfusion. Rachel and Tim consent to the procedure, but their child develops a severe reaction to the blood transfusion and requires a significant and expensive hospital stay. Which of the following is true?
11. B < PL was invented in the case of:
12. According to the Third Restatement, compliance with community custom is conclusive evidence that the behavior was not negligent.
13. Joe and Sam agree to fight each other in a boxing match. After a long back and forth match, Joe defeats Sam on the judge’s scorecard. As Joe is raising his arms in victory, Sam punches Joe in the side of the head, knocking him to the ground. Sam never saw the punch coming. Which of the following is true?
14. Jurisdictions vary as to whether consent is treated as a privilege or an absence of an elements.
15. The majority of states assess specialists in the medical field through a national standard of care.
16. A negligence claim has which of the following elements:
17. Tom places a ladder outside a window. The ladder is old and worn. Tom has previously glued the ladder together in places. The makeshift repairs cannot be seen. Tom then asks Joe to use the ladder to fix the window. Joe climbs the ladder, but one of the makeshift repairs fails. Joe falls to the ground and his arm is injured. A firefighter who responds to treat Joe, negligently applies a sling to Joe, causing his arm to injured further. Which of the following is true?
18. John goes to the doctor for the treatment of a cold. He signs a form which purports to permit the doctor to perform treatment for the cold and to perform “any necessary medical procedure.” While John is waiting to see a doctor, the nurse comes into the room and hooks John up to an IV. John soon falls asleep. When John wakes, he finds that his pinky finger had been removed. The doctor explained to John that his pinky finger was infected with a rare skin cancer and that amputation of the finger was necessary to save his life. Which of the following is true?
19. Children are incapable of committing negligence.
20. Courts are more willing to apply a subjective standard of care with respect to physical characteristics as compared to mental characteristics.
21. Rhonda is a trained Judoka. While she is walking on the street one day, she sees Tom yanking on a purse that Sally is holding. Rhonda immediately runs to the rescue of Sally and executes a perfect judo throw on Tom. Tom hits the ground hard and breaks his arm. Tom then explains that he was only trying to retrieve his wife’s stolen purse from Sally.
22. Jonas has a mountain cabin in which he stores several valuable tools. After several break ins, Jonas sets up a spring gun trap for the next burglars foolish enough to break in.
23. Consent may be given:
24. Rick is the captain of a fishing vessel that offers charter trips to paying fishermen. It is a custom in the local area for the fishing boats to take a particular route through the local inlet on the way to the ocean. One day, Rick decides to take an alternate route and he runs the ship aground, injuring several of the fishermen on his vessel. Which of the following is true?
25. A jury will decide whether a duty exists.

JURI 560 Quiz 3 Negligence

1. Reckless behavior is:
2. Jimmy carelessly failed to clear ice from the sidewalk in front of her house despite a city ordinance that required her to do so. Harry, was operating a motor vehicle on the street in front of Jimmy’s house while intoxicated. Harry swerved off the road, onto the icy sidewalk, and into a nearby tree, causing him injuries. At trial, the finder of fact found that Harry’s negligence was 70% responsible for his own injury and that Jimmy was 30% at fault.
3. A person is liable for any and all harms that result from a negligent act.
4. The town of Greenville, North Carolina has enacted an ordinance prohibiting any business from offering an item for sale on a Sunday. Thomas runs a retail store in the town. In violation of the local ordinance, Thomas keeps his store open on Sunday and sells a bow and arrow set to Junior. The next day, Junior takes the bow and arrow set out and is injured while playing with it. Which of the following is true?
5. Briefly explain and discuss the differences between “proximate cause” and “cause-in-fact.”
6. Jeff is walking down a busy street in New York City. Suddenly, and without warning, a large 2×4 falls on Jeff as he is walking past a building that is undergoing renovation work. Jeff is seriously injured. Which of the following is true?
7. Gross negligence is synonymous with reckless behavior.
8. Susan was traveling down a dark stretch of roadway one evening. As she approached a four-way intersection, she failed to stop for the stop sign at the intersection and struck another vehicle that was crossing the road at the time. Which of the following is true?
9. A criminal statute can never substitute for the common law standard of care.
10. John is walking in a grocery store. He slips on a banana peel that is in the middle of an aisle. The doctrine of Res ipsa loquitur will allow John to move forward on a claim of negligence, even if John cannot prove who dropped the banana peel.
11. In which of the following cases did Justice Cardozo formulate a rule related to proximate cause.
12. There are times where a judge may be required to determine the “reasonably prudent conduct” by which a particular defendant may be judged.
13. A Plaintiff bears the burden to show that an affirmative defense asserted by a defendant is inapplicable.
14. Which of the following literally means “the thing speaks for itself”.
15. Tom is driving a cement mixer in a negligent manner. Tom collides with a semi-trailer hauling a Load of artillery shells to a local army base. The collision causes a terrible explosion. The explosion sends several shells into the air, one of which lands a mile away, knocking a tree into a house. Which of the following is true?
16. Briefly explain the distinction between the burden of persuasion and the burden of production in a civil case.
17. If two negligent acts are committed, either of which, on their own, would have been sufficient to cause a harm, each act may be a cause-in-fact.
18. Driving his mini-van negligently, Winnie crashes into a telephone pole. The pole snaps in half and falls, smashing through the roof of a house, killing Rabbit instantly. But for Winnie’s negligence, Rabbit would not have died. Regarding the death, the crash is the:
19. Which of the following is NOT an element of Res ipsa loquitur.
20. A court is more likely to award pain and suffering and emotional damages in a medical malpractice case than other cases of professional liability.
21. Legal malpractice injuries tend to be primarily economic in nature.
22. Briefly explain the differences between the “but for test” and the “substantial factor” test as each relate to causation.
23. Joy, while negligently operating her motor vehicle, caused a serious injury to Bobby. While Bobby was recovering in the hospital, a thief saw that Bobby’s house was vacant and stole his laptop computer. Bobby sued Joy for causing the theft of his laptop.
24. Most jurisdictions have not adopted the Ybarra rule.
25. The Third Restatement of Torts limits liability to the harm that results from risks that made the actor’s conduct tortious.