Legal Environment CH 8 Flashcards

Questions and Answers

Which of the following is true when two defendants are held jointly and severally liable? (Select all that apply)

Each defendant may be held liable to pay the entire judgment. (correct)

The damages are automatically split equally between the defendants.

The defendant that is most at fault must pay the entire judgment.

Each defendant must pay the entire judgment to the plaintiff.

A crime is a wrong that arises from a violation of a public duty, whereas a tort:

Is a wrong that arises from voter fraud only.

Is a wrong that must happen in a private setting.

Is a wrong that arises from a violation of job duties only.

Is a wrong that arises from a violation of a private duty. (correct)

The widest range of tort liability arises in the field of:

Assault.

Strict liability.

Negligence. (correct)

False imprisonment.

In order to establish the tort of battery, the plaintiff must show:

Intentional, wrongful touching by another person without consent. Signup and view all the answers

The tort of assault is intentional conduct that:

Threatens a person with a fear of imminent harm coupled with the present ability to carry out the threat of harm. Signup and view all the answers

Which of the following is an element of defamation?

All of these choices are correct. Signup and view all the answers

Which of the following statements is true of a tort?

A tort is a civil wrong that interferes with one's property or person. Signup and view all the answers

Strict liability is a type of tort that imposes liability:

Without regard to fault. Signup and view all the answers

The tort of intentional infliction of emotional distress (IIED) most likely includes:

Conduct that goes beyond all bounds of decency and produces mental anguish in the harmed individual. Signup and view all the answers

The level of care required of a professional to avoid liability for malpractice is the same as:

The level of care a reasonable professional in the same field would exercise. Signup and view all the answers

The concept of governmental immunity from liability:

Means that the government is generally not subject to tort liability. Signup and view all the answers

Identify a true statement about contributory negligence.

It is a complete bar to recovery of damages from a defendant under common law, if established. Signup and view all the answers

A shopkeeper may qualify for the shopkeeper's privilege if:

All of these choices are correct. Signup and view all the answers

Which of the following statements is likely to be true of this scenario in a state that has adopted the comparative negligence rule?

Damages will be assigned to the parties in proportion to their negligence in the situation. Signup and view all the answers

Jim and Nick are arguing over which football team is the best. The argument heats up, and Jim punches Nick in the face in front of several witnesses. Jim will most likely be found guilty of the tort of __________.

Battery Signup and view all the answers

In a negligence lawsuit regarding an injury at a hockey game, which of the following elements that constitute negligence was missing in this case?

Breach of duty Signup and view all the answers

If the jury is instructed to decide the matter with a potential defense of contributory negligence, what would be its conclusion?

The jury would conclude that Alex was contributorily negligent and award no damages to him. Signup and view all the answers

In this scenario, the teenagers will most likely be guilty of the tort of __________.

Trespass Signup and view all the answers

Which of the following statements is true of this scenario involving a published letter?

If the allegations made by Jerry are true, Richard will not be awarded any damages. Signup and view all the answers

In this scenario, Renee could be liable for:

Invasion of privacy Signup and view all the answers

How should the case regarding Ashley's privacy be decided?

The right of privacy protects against giving unnecessary publicity to private matters of the plaintiff's life, but not if the information is necessary to the article. Signup and view all the answers

Under which tort will Andy be liable for trying to terminate Sam's contract?

Contract interference Signup and view all the answers

Under what type of tort would the construction company be responsible for the damages resulting from a water line damage?

Strict liability Signup and view all the answers

The issue of the case of Moore v. Beye was:

Whether Moore suffered damages as a result of the altercation. Signup and view all the answers

In Holguin v. Sally's Beauty Supply, Inc., the issue was whether:

The store was right in detaining a store customer for placing an item in her eco-friendly shopping tote prior to paying for it. Signup and view all the answers

In Hardesty v. American Seating Co., the issue was whether:

The claim against American Seating Co. was barred by Hardesty's contributory negligence. Signup and view all the answers

Study Notes

Joint and Several Liability

Defendants can be held individually liable for the entire judgment amount in joint and several liability cases.

Crime vs. Tort

A crime is a breach of a public duty; a tort stems from a violation of a private duty.

Tort Liability

Negligence encompasses the broadest range of tort liability cases.

Battery Requirements

To establish battery, the plaintiff must demonstrate intentional and wrongful touching without consent.

Assault Definition

Assault involves intentional conduct that causes a person to fear imminent harm, coupled with the ability to act on that threat.

Defamation Elements

Defamation requires the making of a false statement, publication of that statement, and damages resulting from it.

Definition of Tort

A tort is a civil wrong that disrupts someone’s property or person, differing from public duty violations.

Strict Liability

Strict liability imposes accountability without consideration of intent or negligence.

Intentional Infliction of Emotional Distress

IIED includes actions that exceed all bounds of decency, leading to mental anguish.

Professional Malpractice Standard

Professionals must meet the care standard established by what a reasonable professional in their field would exercise.

Governmental Immunity

Generally, the government is not subject to tort liability, limiting plaintiffs' ability to recover damages.

Contributory Negligence

Establishing contributory negligence can completely bar recovery of damages in common law.

Shopkeeper's Privilege

Shopkeepers can lawfully detain customers if done in a reasonable manner and based on reasonable suspicion.

Comparative Negligence Scenario

In states with comparative negligence, damages are assigned based on the proportion of fault of each party involved in an incident.

Battery Example

A physical assault, such as Jim punching Nick during an argument, constitutes battery.

Negligence Case Denial

Karolyn’s negligence lawsuit was denied due to a lack of breach of duty, despite the potential for injury.

Tenant's Slip and Fall

Alex's case exemplifies contributory negligence as the jury found him responsible and awarded no damages.

Trespass by Teenagers

Teenagers swimming in the Owens' unattended pool likely committed trespass despite no malicious intent.

Defamation Case Implications

If Jerry's claims about Richard are true, Richard cannot claim damages as truth is a defense against defamation.

Invasion of Privacy by Public Posting

Renee’s repeated public requests for repayment may constitute an invasion of privacy.

Right to Privacy vs. Public Interest

The right to privacy can protect against unnecessary publicity, but not if the information is imperative to the published article.

Contract Interference Liability

Andy could be liable for tortious interference for persuading Ginger to breach her contract with Sam.

Strict Liability in Construction

The construction company's damages due to flooding fall under strict liability, as it occurred despite following safety protocols.

Moore v. Beye Case Focus

The primary concern in the Moore v. Beye case was whether damages were suffered as a result of the altercation.

Shopkeeper’s Privilege Case Decision

In Holguin v. Sally's Beauty Supply, a key determinant was whether the detention of a customer for placing an item in her tote was justified.

Contributory Negligence in Hardesty Case

In Hardesty v. American Seating Co., the court concluded contributory negligence barred Hardesty's claim against the company.

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Test your knowledge of Chapter 8 in the Legal Environment course with these flashcards. Each question addresses key concepts such as joint and several liabilities among defendants. Challenge yourself and enhance your understanding of legal principles!