1. Defenses to intentional torts to person include consent, self-defense, defense of others and defense of property.

    True

    False

2 points  

QUESTION 2

1. The same intentional acts could result in a civil lawsuit, a criminal charge, or both.

    True

2 points  

QUESTION 3

1. The Restatement (Second) of Torts outlines the elements required to establish product liability based on strict liability.

    True

    False

2 points  

QUESTION 4

1. With false imprisonment, there is an intent to cause emotional distress

    True

    False

2 points  

QUESTION 5

1. With trespass to land causation is not one of the elements.

    True

    False

2 points  

QUESTION 6

1. With defamation, truth is a defense.

    True

    False

2 points  

QUESTION 7

1. A company that manufactures an ultrahazardous product cannot be sued based on strict liability.

    True

    False

2 points  

QUESTION 8

1. The Economic Loss Doctrine states that a tort remedy sounding in either negligence or strict liability is allowed if the only claim is for damage to the product.

    True

    False

2 points  

QUESTION 9

1. You cannot sue under strict liability for dog bites.

    True

    False

2 points  

QUESTION 10

1. Product liability is legal liability of manufacturers and sellers to compensate injured parties for damages resulting in a defect in goods purchased.

    True

    False

2 points  

QUESTION 11

1. The essential elements of strict liability are: 1. An act or omission, 2. Duty to avoid harm, 3. Breach of duty, 4. Actual cause, 5. Proximate cause, and 6. Damages.

    True

    False

2 points  

QUESTION 12

1. The defendant can use force to defend another person.

    True

    False

2 points  

QUESTION 13

1. Transferred intent is a legal doctrine that hold that if you act with the intent to cause harm to one person, but instead harm someone else you never intended to harm, you may be liable for that harm even though the target was not intended.

    True

    False

2 points  

QUESTION 14

1. Battery is a possible theory of recovery if intent can be established.

    True

    False

2 points  

QUESTION 15

1. Real property is land and anything permanently affixed to it as well as all interests in real property (e.g., mineral rights and easements).

    True

    False

2 points  

QUESTION 16

1. There is only one remedy for torts against property.

    True

    False

2 points  

QUESTION 17

1. Intentional torts are handled in the criminal court system.

    True

    False

2 points  

QUESTION 18

1. In design defect, there are three tests utilized for determining if the design itself created an unreasonable risk of harm during the normal use of the product.

    True

    False

2 points  

QUESTION 19

1. There are no defenses to strict liability claims.

    True

    False

2 points  

QUESTION 20

1. Slander is defaming communication in a tangible form.

    True

    False

2 points  

QUESTION 21

1. A product liability case cannot be brought by all purchasers of a certain model of a car that has a defective part.

    True

    False

2 points  

QUESTION 22

1. With nuisance, there needs to be substantial and unreasonable harm.

    True

    False

2 points  

QUESTION 23

1. Assumption of risk is one defense for product liability based upon negligence.

    True

    False

2 points  

QUESTION 24

1. In self-defense, the Plaintiff does not have to believe that they are going to experience harm or offensive touching.

    True

    False

2 points  

QUESTION 25

1. One difference between battery and assault is that battery actually follows through with the harmful or offensive touching.

    True

    False

2 points  

QUESTION 26

1. The elements of intrusion upon the seclusion of another include 1. Unauthorized intrusion upon or into the seclusion (private live) of another, 2. The intrusion is not offensive to a reasonable person, and 3. Intrusion is into some subject or matter in which the plaintiff has a legitimate expectation of privacy.

    True

    False

2 points  

QUESTION 27

1. With defamation, the intent and cause are required.

    True

    False

2 points  

QUESTION 28

1. Express warranties include the implied warranty of fitness for a particular purpose.

    True

    False

2 points  

QUESTION 29

1. The elements of appropriation of name or likeness include the following: 1. Unauthorized use of plaintiff’s name or likeness for commercial purpose or defendant’s own personal use or benefit and 2. Causation (plaintiff caused the appropriation).

    True

    False

2 points  

QUESTION 30

1. Under defamation the defamatory statement does not need to be communicated to someone other than the plaintiff.

    True

    False

2 points