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Exam 7: Tort Law

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Question 21

Multiple Choice

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Pet Police.Millie breeds German Shepherd dogs.Bernard,who lives down the street,took in a stray dog loosely identified as a Corgi-plus.The dog,Casanova,would definitely be classified as a mixed breed.Bernard allowed Casanova to roam freely.Unfortunately,Casanova went to visit Millie's pure-bred German Shepherd.Puppies resulted which were Shepherd and Corgi-plus puppies.Millie was incensed.She started a campaign to round up all of the stray dogs,including Casanova,and haul them off to the animal shelter.She picked up a few cats as well.She posted signs all over the neighborhood saying that no animal,neither dog,cat,nor fowl,should come into her yard and that she was going to begin shooting the next time,period.Understandably,Bernard and some of the other neighbors take offense.Bernard comes to Millie's house while she is working in the yard.He walks behind her and shoves her.Millie did not see him coming.Millie turned around and proceeded to have a heated conversation with Bernard.Millie drew her fist back and told Bernard that she was going to punch him in the nose.Millie started to punch Bernard but he stepped back,and all she managed to do was jab him in the shoulder,causing no actual pain.Sally,who was going by on the street,saw Millie attempting to hit Bernard.Sally came over and grabbed Millie's hands,pinning Millie's hands behind her back.Assuming that Millie sues Sally,what would be the most likely result at trial?

A) Sally will be convicted of assault.
B) Sally will be convicted of battery.
C) Sally will be convicted of assault and battery.
D) Sally will not be convicted of anything because she did not actually hurt Millie.
E) Sally will not be convicted of anything because she was acting in the defense of others.

F) A) and D)
G) B) and E)

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Question 22

Multiple Choice

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________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely,no matter what precautions the defendant takes.

A) Criminal
B) Liability
C) Intentional
D) Negligent
E) Strict-liability

F) C) and D)
G) B) and C)

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Question 23

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Identify the elements of negligence.

A person who commits a tort is often referred to as the ________.

Assume Bob is driving and suddenly has an unexpected heart attack,causing him to run over a student crossing the street and breaking the student's leg.Which of the following is a correct statement regarding Bob's liability to the student?

The classifications of torts may be different in foreign countries.

Steven knows that his dog has bitten several people.Cindy comes to visit him but Steven does not tell her about the dog's propensities.Unfortunately,the dog bites Cindy and she is required to have some stitches in her ankle.Which of the following is the most likely result if Cindy sues Steven?

Which of the following is not a defense to battery?

Pet Police.Millie breeds German Shepherd dogs.Bernard,who lives down the street,took in a stray dog loosely identified as a Corgi-plus.The dog,Casanova,would definitely be classified as a mixed breed.Bernard allowed Casanova to roam freely.Unfortunately,Casanova went to visit Millie's pure-bred German Shepherd.Puppies resulted which were Shepherd and Corgi-plus puppies.Millie was incensed.She started a campaign to round up all of the stray dogs,including Casanova,and haul them off to the animal shelter.She picked up a few cats as well.She posted signs all over the neighborhood saying that no animal,neither dog,cat,nor fowl,should come into her yard and that she was going to begin shooting the next time,period.Understandably,Bernard and some of the other neighbors take offense.Bernard comes to Millie's house while she is working in the yard.He walks behind her and shoves her.Millie did not see him coming.Millie turned around and proceeded to have a heated conversation with Bernard.Millie drew her fist back and told Bernard that she was going to punch him in the nose.Millie started to punch Bernard but he stepped back,and all she managed to do was jab him in the shoulder,causing no actual pain.Sally,who was going by on the street,saw Millie attempting to hit Bernard.Sally came over and grabbed Millie's hands,pinning Millie's hands behind her back.Which of the following is true regarding Bernard's shoving of Millie in the back?

Chewer.The state in which Susan lives has a statute prohibiting dogs running at large.All dogs are required to be on a leash whenever they are off the owner's premises.Susan's dog,while not on a leash,visits the home of a neighbor down the street.While there,the dog carries off an expensive pair of shoes belonging to Robert.The shoes are chewed and destroyed.A neighbor informed Robert of what had happened.Robert commented that he never should have left his $300 shoes lying on the deck in the first place but that he expects to be repaid by Susan.Robert found out that the dog had carried away a number of shoes and other articles in the neighborhood,chewing them to pieces.Susan did nothing to warn anyone.Robert thinks that she should be punished for her activities,which would perhaps deter her from allowing the dog to run loose.What type of damages would Robert seek in order to punish Susan and to deter her actions in regard to letting the dog run free?

In a modified comparative negligence defense,the defendant must be more than 50 percent at fault for the plaintiff to recover.

Which of the following must the defendant prove in order to rely upon the defense of contributory negligence?

Which of the following types of damages is intended to reimburse a plaintiff for his or her losses?

A ________ cause is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered.

________ damages are awarded to punish the defendant.

Robby,who lives in San Diego,California,calls Bobby,who lives in Miami,Florida,on the telephone and threatens to break his nose.Which of the following is true?

To use the assumption of the risk defense successfully,a defendant must prove that the plaintiff unwillingly encountered the risk of the actual harm the defendant caused.

Of the following,who would typically be public figures for the purposes of the public figure privilege to actions for defamation?

Do individuals have a general duty to rescue strangers from perilous situations? Further,discuss whether or not you believe individuals should have a duty under tort law to rescue strangers from perilous situations and how you think the law should be written in that area.

Some defense lawyers argue that if a plaintiff involved in a car accident failed to wear her seat belt,that failure constitutes ________.