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?
Motive is an evil state of mind, while intent means that one is aware of the consequences of their actions.
A tort is:
The elements for criminal assault and battery are distinct from the elements of the tort of assault and battery.
When asserting a general defense, the defendant admits to committing the tort, but asserts a legal excuse or justification for his/her actions.
Trespass to Chattels can be distinguished from Conversion by:
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?
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?
Additur increases the damages awarded by a jury while remittitur decreases the damages awarded.
Compensatory damages and punitive damages are available remedies in every tort case.
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.
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?
The Case of the Thorns adopted a strict liability approach that is dramatically different from strict liability standards in much of modern tort law.
The elements off false imprisonment include all of the following EXCEPT:
Children are not capable of committing an intentional tort.
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?
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?
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?
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:
The Alien Tort Claims Act confers jurisdiction only over suits by aliens and is inapplicable to suits by U.S. Citizens.
Which of the following could not constitute battery if done with the requisite intent?
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?
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?
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?
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.