Black Letter Law

Question 1

Where a force comes into motion after the defendant’s negligent act and combines with that act to cause injury to the plaintiff, this is known as ____ case.

Answer 1

an indirect cause

Question 2

Whether an intervening force will cut off the defendant’s liability for the plaintiff’s injury is determined by ____. If it does cut off the defendant’s liability, it will be a ____.

Answer 2

foreseeability; superseding cause

Question 3

A ____ case is one where the facts present an uninterrupted chain of events from the time of the defendant’s negligent act to the time of the plaintiff’s injury.

Answer 3

direct cause

Question 4

An ____ case occurs where a defendant’s negligent conduct creates a risk of a harmful result, but an entirely different and totally unforeseeable type of harmful result occurs.

Answer 4

unforeseeable harmful results

Question 5

Which of the following is an element of intentional misrepresentation (fraud) but not an element of negligent misrepresentation?

Answer 5

scienter

Question 6

“Scienter” is defined as ____.

Answer 6

making a false representation with knowledge that it was false or with reckless disregard as to its truth or falsity

Question 7

The elements of intentional misrepresentation (fraud) are:

Answer 7

1. a misrepresentation by the defendant
2. scienter
3. an intent to induce the plaintiff’s reliance on the misrepresentation
4. causation (actual reliance by the plaintiff on the misrepresentation)
5. justifiable reliance by the plaintiff on the misrepresentation
6. damages

Question 8

Negligent misrepresentation requires the following elements to be proved:

Answer 8

1. misrepresentation made by the defendant in a business or professional capacity
2. breach of duty toward the particular plaintiff
3. causation
4. justifiable reliance by the plaintiff on the misrepresentation
5. damages

Question 9

If an undiscovered trespasser is injured by a landowner’s wild animal, the ____ must prove ____.

Answer 9

trespasser; negligence by the landowner to recover

Question 10

Which of the following is correct regarding intra-family tort immunities in most states?

Answer 10

Either spouse may maintain a tort action against the other.

Question 11

A newspaper that publishes a defamatory statement made by a columnist is ____.

Answer 11

liable as a primary publisher

Question 12

Each individual who takes part in making the publication is charged with the publication as a ____.

Answer 12

primary publisher

Question 13

A newspaper or TV station carrying a defamatory message would be viewed as a primary publisher and held ____.

Answer 13

responsible for that message to the same extent as the author or speaker

Question 14

For an interference to be characterized as unreasonable in a nuisance claim the severity of the injury must ____.

Answer 14

outweigh the utility of the defendant’s conduct

Question 15

The defendant cannot continue an activity that is a nuisance merely because it was ____.

Answer 15

in existence before the plaintiff’s arrival

Question 16

In most states, when a medical provider was negligent before or during a patient’s pregnancy, damages for additional medical expenses may be recovered by the ____ in a wrongful ____ case.

Answer 16

parents; birth

Question 17

A ____ cause of action would not expire on the victim’s death.

Answer 17

battery

Question 18

In a negligence action, the defendant may be liable for ____ harm.

Answer 18

unforeseeable

Question 19

A plaintiff’s economic damages ____ include damages for emotional distress—those are a type of noneconomic damages, like pain and suffering.

Answer 19

do not

Question 20

A nuisance action may not be based on ____.

Answer 20

products liability

Question 21

The interference with the plaintiff’s right in his land must be ____.

Answer 21

substantial and unreasonable

Question 22

The interference will not be characterized as substantial if it is merely the result of the plaintiff’s ____.

Answer 22

hypersensitivity or specialized use of his own property

Question 23

Because the interference must be substantial, that means it must be ____.

Answer 23

offensive, inconvenient, or annoying to an average person in the community, not merely be offensive to the plaintiff

Question 24

Pleading additional facts to show that a defamatory statement referred to a plaintiff is known as ____.

Answer 24

colloquium

Question 25

____ doctrine is not used in most comparative negligence jurisdictions.

Answer 25

the last clear chance

Question 26

____ are not a type of intervening force that is virtually always considered foreseeable.

Answer 26

Acts of God

Question 27

Acts of God is an ____ that will only be considered foreseeable if the defendant’s conduct ____.

Answer 27

independent intervening force; significantly increased the risk of harm from that force

Question 28

Actual malice is defined for defamation purposes as:

Answer 28

knowledge that a statement was false or made with reckless disregard as to its truth or falsity

Question 29

Many states hold the automobile owner vicariously liable for the tortious conduct only of ____.

Answer 29

a family member driving his automobile

Question 30

The defense of consent is not available if:

Answer 30

The plaintiff consented due to a mistake induced by the defendant.

Question 31

If an employee commits a tortious act while on a “frolic,” the employer:

Answer 31

is not vicariously liable

Question 32

The last clear chance doctrine does not apply when the plaintiff is in a position of ____ and the defendant ____ of her predicament.

Answer 32

inattentive peril; should have known

Question 33

As to a defender aiding another person in defense, the defender may be able to ____.

Answer 33

use deadly force

Question 34

In establishing intentional tort liability, a plaintiff is generally not required to prove ____.

Answer 34

malice

Question 35

____, ____, and ____ are generally required to be proved by a plaintiff in establishing intentional tort liability.

Answer 35

an act; intent; causation

Question 35

An act is a ____.

Answer 35

volitional movement by the defendant

Question 36

Specific intent means the actor had the purpose of ____.

Answer 36

bringing about certain consequences

Question 37

General intent means the actor knew with ____ that his actions would ____.

Answer 37

substantial certainty; bring about certain consequences

Question 38

The causation requirement is satisfied by showing that ____.

Answer 38

the conduct of the defendant is a substantial factor in bringing about the injury

Question 39

The defamation defense of absolute privilege requires that statements made during ____.

Answer 39

judicial proceedings bear a reasonable relationship to the proceedings

Question 40

The following elements must be proved to establish a prima facie case for false imprisonment:

Answer 40

(i) an act or omission on the part of the defendant that confines or restrains the plaintiff to a bounded area

(ii) intent on the part of the defendant to confine or restrain the plaintiff to a bounded area

(iii) causation

Question 41

A qualified privilege will be lost if the speaker acted with ____.

Answer 41

malice

Question 42

A products liability action based on strict liability does not require ____.

Answer 42

proof of negligence

Question 43

With regard to affirmative duties to act, one who gratuitously acts for the benefit of another is then ____.

Answer 43

under a duty to act like an ordinary, prudent, reasonable person and continue the assistance

Question 44

With regard to a trespass to chattels, intermeddling is defined specifically as conduct that:

Answer 44

directly damages a plaintiff’s chattel

Question 45

With regard to defamation, “actual injury” includes:

Answer 45

(a) economic damages
(b) mental distress or humiliation damages
(c) reputation damages

Question 46

____ is a surrender of the plaintiff’s cause of action against one of the joint tortfeasors.

Answer 46

release

Question 47

Satisfaction occurs when the plaintiff recovers ____.

Answer 47

full payment from one tortfeasor, either by settlement or payment of a judgment

Question 48

Indemnity involves ____.

Answer 48

shifting the entire loss between or among joint tortfeasors

Question 49

____ are available in a products liability case based on an intentional tort, in addition to ____.

Answer 49

punitive damages; compensatory damages

Question 50

____ is a defense to all types of invasion of privacy actions.

Answer 50

consent

Question 51

Most comparative negligence jurisdictions have abolished ____ as a separate defense.

Answer 51

implied assumption of risk

Question 52

For assumption of risk to be available as a defense, the plaintiff must have ____ the risk and ____ assumed it.

Answer 52

known of; voluntarily

Question 53

A plaintiff who ignored a risk or negligently assumed it would be subject to the defense of ____ rather than assumption of risk.

Answer 53

contributory negligence

Question 54

The general rule that no legal duty is imposed on ____ to affirmatively act for the benefit of ____ applies to physicians as well.

Answer 54

any person; other

Question 55

Joint and several liability may apply even when ____.

Answer 55

the plaintiff’s injury is divisible

Question 56

When two or more tortious acts combine to proximately cause an indivisible injury to a plaintiff, each tortfeasor is ____ for that injury.

Answer 56

jointly and severally liable

Question 57

A user of the product suing the business that repaired the product is not a valid plaintiff/defendant combination in a ____ action.

Answer 57

products liability

Question 58

(valid plaintiff/defendant combination in a products liability case based on negligence)

Usually, the duty of due care in this type of action arises when the defendant engages in the ____.

Answer 58

commercial supplying of a product

Question 59

(valid plaintiff/defendant combination in a products liability case based on negligence)

Those who repair a product owe a general duty of care, but are not usually ____ for purposes of products liability cases.

Answer 59

“suppliers”

Question 60

A bystander injured by the product suing the assembler of the product also states a valid plaintiff/defendant combination.

The duty of due care is owed to ____ and the assembler of a product is treated as a ____.

Answer 60

any foreseeable plaintiff—user, consumer, or bystander; commercial supplier

Question 61

The purchaser of the product suing the retailer that labeled the product as its own states a valid plaintiff/defendant combination.

A retailer who labels a product as the retailer’s own or assembles a product from components manufactured by others is ____, even though the retailer is ____.

Answer 61

liable for the negligence of the actual manufacturer; not personally negligent

Question 62

If a jurisdiction has adopted ____, a driver may be vicariously liable for the tortious conduct of someone driving her car with her permission as long as the driver was a member of her family or household.

Answer 62

the family car doctrine

Question 63

An invasion of privacy may be shown even without highly offensive conduct through ____.

Answer 63

appropriation of a person’s picture or name for commercial purposes

Question 64

To establish a prima facie case for appropriation by a defendant of a plaintiff’s picture or name for the defendant’s commercial advantage, only one element need be proved:

The defendant’s conduct need not be ____ to a reasonable person.

Answer 64

unauthorized use by the defendant of a plaintiff’s picture or name for the defendant’s commercial advantage

highly offensive

Question 65

The right of privacy is a personal right and does not extend to ____.

Answer 65

(a) members of a family
(b) corporations

Question 66

The driver of an automobile owes a rider a duty of ____.

Answer 66

ordinary care

Question 67

If the plaintiff establishes res ipsa loquitur, it will have the following effect:

Answer 67

a directed verdict will not be given for the defendant

Question 68

If a jurisdiction treats the violation of an applicable statute as negligence per se, this means that there is ____.

Answer 68

a conclusive presumption of duty and breach of duty

Question 69

An action for loss of services or consortium may be brought by ____ for injuries to ____ caused by the defendant’s tortious conduct.

Answer 69

a spouse or parent; a spouse or child

Question 70

In a state retaining contributory negligence rules, the plaintiff’s contributory negligence is a defense in a strict liability action if he ____.

Answer 70

knew of the danger and his unreasonable conduct was the very cause of the dangerous activity miscarrying

Question 71

____ of any type is a good defense to strict liability in contributory negligence states.

Answer 71

assumption of risk

Question 72

In a wrongful death action, a defense against a potential beneficiary ____.

Answer 72

is analyzed under the jurisdiction’s comparative negligence rules

Question 73

In a wrongful death action, a defense against a potential beneficiary is analyzed under the jurisdiction’s comparative negligence rules.

Thus, the total damage award assessed by the jury will be ____.

Answer 73

reduced by the amount withheld from the beneficiary

Question 74

A court likely will not permit a defendant to raise an assumption of risk defense when:

Answer 74

risk has been assumed by a disclaimer from a common carrier

Question 75

The right of contribution among tortfeasors ____.

Answer 75

does not apply against a tortfeasor who is immune from liability

Question 76

Whether an activity is abnormally dangerous is a question of law that ____ decides.

Answer 76

the court

Question 77

An owner or occupier of land has a duty to ____.

Answer 77

warn a licensee of or make safe a dangerous condition known to him that creates an unreasonable risk of harm to the licensee and that the licensee is unlikely to discover

Question 78

One will have an affirmative duty to act to assist another when she ____.

Answer 78

puts the other in peril by her innocent conduct

Question 79

In an action for invasion of the right to privacy, the plaintiff need only plead ____ as damages.

Answer 79

emotional distress or mental anguish

Question 80

A manufacturing defect occurs when a product ____, but also ____.

Answer 80

emerges from a manufacturing process not only different from the other products; more dangerous than if it had been made the way it should have been

Question 81

A design defect occurs when ____, but have ____.

Answer 81

all the products of a line are made identically according to manufacturing specifications; dangerous propensities because of their mechanical features or packaging

Question 82

____ can be considered a type of information defect. A product must have ____.

Answer 82

an inadequate warning; clear and complete warnings of any dangers that may not be apparent to users

Question 83

Presumed damages may be recovered for a purely private concern even if ____.

Answer 83

malice is not established

Question 84

To establish a prima facie case for invasion of privacy for publication of facts that place a plaintiff in a false light, ____ must be proved.

Answer 84

Publication of facts placing plaintiff in a false light.

Question 85

If the lessor voluntarily decides to make repairs on the premises, even though under no obligation to do so, he is ____. It is not necessary that his negligent repairs ____.

Answer 85

liable if he does so negligently; make the condition worse

Question 86

If a defamation involves private figures but a matter of public concern, there can be ____.

Answer 86

no liability without fault

Question 87

A products liability case based in negligence, ____ will not cut off the defendant’s liability.

Answer 87

an intermediary’s negligent failure to discover a defect

Question 88

Which of the following generally is recoverable as damages in a negligence action?

Answer 88

Damages that were recouped from insurance or other sources.

Question 89

A private nuisance action requires a showing that ____.

Answer 89

the defendant’s interference with the use and enjoyment of the plaintiff’s property was unreasonable

Question 90

Intentional infliction of emotional distress requires proof that:

Answer 90

(i) conduct was extreme and outrageous
(ii) conduct was intentional or at least reckless
(iii) severe emotional distress resulted

Question 91

Under traditional rules, plaintiff’s contributory negligence is a ____; it ____ plaintiff’s right to recover.

Answer 91

complete defense to negligence; completely bars

Question 92

If a plaintiff is a member of a group, and a defamatory statement is made against the group, the plaintiff can ____.

Answer 92

recover if the group is small

Question 93

Punitive damages generally are not recoverable in negligence cases, unless the defendant’s conduct was ____.

Answer 93

reckless, malicious, or willful and wanton

Question 94

A duty of care is generally not owed to a rescuer, unless the defendant ____.

Answer 94

negligently put herself or a third person in peril

Question 95

A commercial supplier may avoid liability for injuries caused by a defective product if ____.

Answer 95

the defect arose after the product left the supplier’s control

Question 96

A party held vicariously liable may seek ____ from the party who actually caused the damage.

Answer 96

indemnification

Question 97

Unlike with a products liability action based on negligence, in a case based on strict liability, one may recover ____.

Answer 97

only against a commercial supplier

Question 98

Which one of the following types of common law defamation requires pleading and proof of special damages?

Answer 98

Slander not falling into one of the four per se categories.

Question 99

____ are considered commercial suppliers and therefore potential defendants in a ____ case.

Answer 99

wholesalers, assemblers, and parts manufacturers; products liability

Question 100

A statement that is not defamatory on its face requires pleading both ____ to be actionable

Answer 100

inducement and innuendo

Question 101

To establish a prima facie case of strict liability, the following elements must be shown:

Answer 101

1. nature of the defendant’s activity must impose an absolute duty to make safe
2. dangerous aspect of the defendant’s activity must be the actual and proximate cause of the plaintiff’s injury
3. plaintiff must suffer damage to person or property

Question 102

Ordinarily, when the owner of realty leases the entire premises to another, the duty to maintain the premises to avoid unreasonable risk of harm to others is owed by the __________.

Answer 102

lessee

Question 103

Transferred intent may be invoked only when the tort intended and the tort that results are both within the following:

Answer 103

• assault
• battery
• false imprisonment
• trespass to land
• trespass to chattels

Question 104

At common law, ____ was imposed on vendors of intoxicating beverages for injuries resulting from the vendee’s intoxication, whether the injuries were sustained by the vendee or by a third person as a result of the vendee’s conduct.

Answer 104

no liability

Question 105

____ create a cause of action in favor of any third person injured by the intoxicated vendee.

Answer 105

“dramshop acts”

Question 106

Conversion is the ____.

Answer 106

intentional interference with the plaintiff’s right of possession in the chattel that is serious enough to warrant that the defendant pay the full value of the chattel

Question 107

Conversion will be found if the defendant was ____.

Answer 107

using the chattel without permission and it was accidentally damaged

Question 108

The remedy for conversion is ____.

Answer 108

the fair market value of the chattel at the time and place of conversion