MCQ's Flashcards
W1Q1
Donamae lived alone except for her large Persian cat, “Fluffkins,” in a single-family home in a fine subdivision in prosperous Lime County. Although Donamae had never had any problems with crime in the area, she bought a handgun to protect herself.
One night at about 11 p.m., Donamae heard a strange noise. She put on a robe, took the gun from her nightstand, and proceeded down her stairs, as her bedroom was located on the second floor of her house.
At about the same time, Donamae’s next-door neighbor, Nathaniel, also heard a strange noise. He walked out of his house and onto Donamae’s lawn, because he thought the sound came from the direction of Donamae’s abode. He stood silently on Donamae’s lawn, listening.
As Donamae reached the last step, Fluffkins playfully charged down the stairs. The 15-pound cat struck the back of Donamae’s legs, causing her to lose her balance. Although Donamae did not fall, her loss of balance caused her to drop the gun. The gun hit the floor and discharged. The bullet went through Donamae’s front window and struck Nathaniel in the shoulder.
If Nathaniel sues Donamae on a battery theory, he will:
(A) Prevail, because handguns are highly dangerous instrumentalities.
(B) Prevail, because the cat’s actions are imputed to Donamae.
*(C) Lose, because the firing of the gun was a nonvolitional act.
(D) Lose, because Nathaniel was a trespasser.
W1Q2
Customer, age 20, went into Store at approximately 6:45 p.m. to look at some suits that were on sale. The clerks were busy, and one of them told him that he should wait on himself. Customer selected three suits from a rack and went into the dressing room to try them on. Signs posted on the walls of the Store state that closing time is 9 p.m.; however, because of a special awards banquet for employees, Store was closed at 7 p.m. on this day. The employees, in a hurry to get to the banquet, did not check the dressing rooms or turn off the lights before leaving. When Customer emerged from the dressing room a few minutes after 7 p.m., he was alone and locked in. Customer tried the front door but it was secured on the outside by a bar and padlock, so he went to the rear door. Customer grabbed the doorknob and vigorously shook the door. It did not open, but the activity set off a mechanism that had been installed because of several recent thefts committed by persons who had hidden in the store until after closing time. The mechanism sprayed a chemical mist in Customer’s face, causing him to become temporarily blind. The mechanism also activated an alarm carried by Store’s employee, Watchman, who was just coming to work. Watchman unlocked the front door, ran into the store, and grabbed Customer. Customer, who was still unable to see, struck out at this person and hit a metal rack, injuring his hand. Watchman then identified himself, and Customer did the same. After assuring himself that Customer was telling the truth, Watchman allowed him to leave.
If Customer is to prevail on a claim against Store based on battery from the use of the chemical spray, Customer must establish that:
(A) He suffered severe bodily harm.
*(B) The spray mist was an offensive or harmful contact.
(C) He suffered severe emotional distress.
(D) His conduct was not a factual cause of the chemical’s spraying him.
W1Q3
Paine and Duncan were playing tennis. Duncan became highly irritated because every time Duncan prepared to serve, Paine started talking loudly. Paine’s loud talk distracted Duncan from his game, and Duncan usually faulted on his serves. Duncan told Paine to “cut it out,” but Paine persisted in the behavior.
Standing several feet away, Duncan swung his tennis racket toward Paine’s head. However, Duncan slipped as he swung the racket and it flew out of his hand as he lost his balance. The racket flew through the air and struck Paine in the head.
Has Paine grounds for a battery action against Duncan?
*(A) Yes, if Duncan intended to create a reasonable apprehension in Paine.
(B) Yes, because the racket struck Paine.
(C) No, because Duncan did not intend the racket to strike Paine.
(D) No, but only if Duncan can prove that the owner of the tennis court had not maintained the court properly and this caused Duncan to slip.
W1Q4
Antoinette and Babette were high school classmates. After school, they went together to “Le Soda Shoppe,” a short-order restaurant popular with students. Antoinette and Babette were seated in a booth near the front of the restaurant and were heavily engaged in conversation when Doug, another classmate, sat down at the booth immediately adjacent to theirs. Doug had a “crush” on Babette and wanted to scare her slightly to draw attention to himself. Therefore, he shot a spitball from his straw toward Babette, who was seated with her back toward him. Doug’s shot went astray and struck Antoinette in the eye, causing her to suffer corneal damage.
If Antoinette sues Doug, she can recover for:
(A) Assault.
*(B) Battery.
(C) Intentional infliction of emotional distress.
(D) Nothing, because Doug did not intend to harm her.
W1Q5
During the Miss Metropolis competition, the judges announced that Wilma was first runner-up and that Kerry was the winner. As the auditorium quieted for Kerry’s acceptance remarks, Wilma said loudly, “You only won because you slept with all of the judges, you slut!” Kerry immediately slapped Wilma forcefully in the face.
Wilma brings an action for battery against Kerry. Who will prevail?
(A) Kerry, because she was provoked by Wilma’s comment.
(B) Kerry, because a reasonable person would have slapped Wilma under the circumstances.
(C) Wilma, unless Kerry’s slap was totally spontaneous.
*(D) Wilma, because Kerry intentionally caused an offensive touching.
W1Q6
Paola and Dixon, who are otherwise unacquainted, happened to be riding the same crowded city bus during the evening rush hour. Neither Paola nor Dixon was able to find a seat, and they, along with about 15 other persons, were riding the bus as standees. When the bus braked suddenly, the standing passengers were thrown together, and Paola, who was wearing very high-heeled shoes, began to stumble. Dixon tried to keep Paola from falling, and in doing so he placed his arm around Paola’s waist.
If Paola sues Dixon for battery, will she recover?
(A) Yes, if Dixon intended to put his arm around Paola’s waist.
(B) Yes, because Dixon touched Paola without her permission.
(C) No, but only if Dixon put his arm around Paola’s waist by accident.
*(D) No, because Dixon’s conduct was socially acceptable.
W1Q7/Q8
When Denton heard that his neighbor, Prout, intended to sell his home to a minority purchaser, Denton told Prout that Prout and his wife and children would meet with “accidents” if he did so. Prout then called the prospective purchaser and told him that he was taking the house off the market.
- If Prout asserts a claim against Denton for assault, Prout will:
(A) Recover if Denton intended to place Prout in fear of physical harm.
(B) Recover, because Denton’s conduct was extreme and outrageous.
*(C) Not recover if Denton took no action that threatened immediate physical harm to Prout.
(D) Not recover, because Prout’s action removed any threat of harmful force.
- If Prout asserts a claim against Denton for intentional infliction of emotional distress, Prout will:
*(A) Recover if Prout suffered severe emotional distress as a consequence of Denton’s conduct.
(B) Recover, because Denton intended to frighten Prout.
(C) Not recover, because Denton made no threat of immediate physical harm to Prout or his family.
(D) Not recover if Prout suffered no physical harm as a consequence of Denton’s conduct.
W2Q1
Gilda Gammaray, a precocious student at Northcentral High School, was an “A” student in her chemistry class and was interested in developing a Science Fair project in the area of chemistry. She was inspired by an experiment conducted in class in which the teacher had the students mix three chemicals together to create a gas that caused the faces of the students to become grossly distorted. Gilda obtained an ample supply of the three chemicals and went to an abandoned building located on a street that had heavy pedestrian traffic. She mixed together the chemicals, and the fumes passed across the sidewalk, causing the pedestrians’ faces to become grossly distorted, as if they suffered from physical defects. The effect of the gas was temporary and none of the pedestrians suffered any permanent damage. One of the pedestrians exposed to the gas was Parker.
If Parker wants to sue Gilda, which of the following best describes the tort she has committed against him?
(A) Assault.
(B) Battery.
(C) Intentional infliction of emotional distress.
(D) Invasion of privacy.
W2Q2
During a trip to Vail, Colorado, Polly’s ankle was injured in a skiing mishap. Upon her return to Biggston, her hometown, she consulted Dr. Ace, an orthopedic specialist with staff privileges at Sawbones Hospital. Ace told her that the injury would require a relatively simple operation to assure that she would not walk with a pronounced limp in the future. Ace was known in the community as a highly skilled and respected orthopedic specialist, and Polly agreed to the operation. Upon her admission to Sawbones Hospital, Polly signed the standard consent forms and liability waivers releasing Dr. Ace, Dr. Baker (the anesthesiologist), Dr. Chase (the assistant surgeon), and the surgical nursing staff. Two hours before the operation was scheduled to be performed, one of Ace’s patients was brought into the emergency room with numerous orthopedic injuries that required immediate attention. Dr. Ace quickly called Dr. Deuce and asked him to perform Polly’s operation. Dr. Deuce was, like Dr. Ace, a highly skilled orthopedic specialist with wide respect in the community. When Dr. Deuce arrived at the hospital, Polly was already sedated. He performed the operation with his usual skill. The operation was a complete success and no complications occurred. However, when Polly discovered that she had been operated on by Deuce rather than Ace, she became upset and consulted an attorney.
The attorney should advise Polly that if she sues Deuce for battery, the likely result is:
(A) Polly will win, but she may be entitled only to nominal damages.
(B) Polly will win, unless a reasonable person similarly situated would have consented to the operation.
(C) Polly will lose, because Deuce performed the operation competently.
(D) Polly will lose, because she suffered no harm.
W2Q3
Bradley went to the local lumberyard late one Saturday afternoon to purchase some sheets of plywood. Hopson, a salesman for the lumberyard, escorted Bradley to the back end of the lot where the plywood was stored. While Bradley and Hopson were looking over the sheets of plywood, the custodian closed and locked the only gate out of the lumberyard, since it was closing time and he believed that all employees had gone home. The storage area of the lumberyard is surrounded by a 12-foot-high chain link fence. Bradley and Hopson soon discovered that they had been locked in the lumberyard. Since the storage area was located at the back of the property owned by the lumberyard, there was very little chance that they would be seen on the premises. Hopson informed Bradley that since the lumberyard was closed on Sunday, no one would be back to let them out until Monday morning. Hopson went into a small shed in the lumberyard to wait until help would come. However, Bradley, panicking at the thought of being trapped on the lumberyard property until Monday morning, tried to climb over the fence and in doing so, fell and was injured. Bradley asserted a claim against the lumberyard for damages for his injuries.
If Bradley’s claim is based on false imprisonment, will Bradley prevail?
(A) Yes, because he was harmed as a result of his confinement.
(B) Yes, because he was confined against his will.
(C) No, unless the custodian knew that someone was in the lot at the time he locked the gate.
(D) No, unless the custodian was negligent in locking the gate.
W2Q4
At home one January night, Scott heard something bang against the bay window in the room where he was reading the newspaper. When he heard another louder bang, he put down the paper and looked out the window. He saw eleven-year-old Roman, the neighborhood bully, out back packing a large snowball. Fearful that Roman would break the window, Scott went out the front door and walked around to the back. When Roman saw him, Scott said, “I want to talk to you, Roman.” Roman ran in the other direction and jumped over the fence belonging to Scott’s neighbor Tim. Tim had recently purchased a dangerous Rottweiler as a guard dog. Because it was dark, Roman landed on a birdbath, knocked it over, and woke up the dog. The Rottweiler attacked Roman, who received severe lacerations and suffered permanent scarring as a result.
Tim brings an action against Scott for trespass. If Scott prevails, it will most likely be because:
(A) Scott confronted Roman in order to defend his property.
(B) Scott did not enter onto Tim’s land.
(C) Roman was the one who made the decision to jump over the fence.
(D) Scott did not intend to frighten Roman onto Tim’s property.
W2Q5/Q6
Bill was walking along an unpaved road on his way to work. Suddenly, a school bus coming in the opposite direction began to careen toward him. This was due to the fact that the bus driver, Wally, had momentarily lost control of the bus while attempting to light a cigarette.
To avoid being hit by the bus, Bill jumped off the road into Carol’s yard. Unfortunately, he landed in a bed of prize-winning zinnias and damaged them extensively.
- In a suit by Carol against Bill for the damage to her zinnias:
(A) Bill is liable for any damage because he had no privilege to enter upon Carol’s land.
(B) Whether Bill is liable depends on whether he was exercising due care.
(C) Bill may be held liable for damage to the zinnias.
(D) Bill is not liable for any damage to the zinnias because his entry was privileged.
- In a suit by Carol against Wally, the bus driver, for the damages to her zinnias:
(A) Wally is liable for trespass because his driving caused Bill to enter onto Carol’s land and
damage her zinnias.
(B) Wally is liable on the theory of negligence.
(C) Wally is not liable because Carol’s zinnias were not within the scope of any duty he owed in operating a bus on a public road.
(D) If Wally is held liable on any theory, he is entitled to indemnity from Bill, who did the damage.
W2Q7
Adam drove into the parking lot of Bank and was about to pull into an empty spot when Ben cut in front of him with his automobile and took his parking place. Adam and Ben each got out of his car and Adam started to yell at Ben. After a heated argument, a fight broke out between them. Calib came out of the bank at that moment and saw that Adam was getting the better of Ben in the fight. Calib ran to his car, took a gun from the glove compartment, pointed it at Adam and said, “Stop this minute or I’ll shoot.”
If Adam asserts a claim against Calib based on assault, who will prevail?
(A) Adam, because Calib threatened him with deadly force.
(B) Adam, because Calib was unaware of who was the aggressor.
(C) Calib, because Adam was the original aggressor by starting the fight with Ben.
(D) Calib, if it was apparent that Adam was about to inflict serious bodily harm to Ben.
W3Q1/Q2
As soon as Wanda moved into her new house, she went to the local animal shelter and selected two dogs to keep her company. The dogs were housebroken but barked constantly at birds and squirrels in the yard. Their barking was particularly incessant during the day, while Wanda was at work. Morlock, who lived next door and worked nights, was aggravated by the constant barking, which disturbed his sleep, and decided to let Wanda know how he felt. One evening, upon learning that Wanda was entertaining her boss and several clients, Morlock came to her front door with a tape recorder and an electrically amplified bullhorn. He started playing a tape of the dogs barking, putting it at full volume and amplifying it with the bullhorn. When Wanda came to the door, he began yelling at her through the bullhorn and berating her in front of her guests for having no consideration for her neighbors. Wanda, very upset, slammed the door shut. The door struck the bullhorn and jammed it against Morlock’s face, knocking out two of his teeth.
- If Wanda asserts a claim based on intentional infliction of emotional distress against Morlock, what will be the probable result?
*(A) Wanda will prevail, because Morlock’s conduct was extreme and outrageous.
(B) Wanda will prevail if she suffered pecuniary harm from Morlock’s conduct.
(C) Morlock will prevail, because Wanda suffered no physical harm.
(D) Morlock will prevail if the barking from Wanda’s dogs constituted a nuisance.
- If Morlock asserts a claim based on battery against Wanda, will Morlock prevail?
(A) Yes, unless Wanda did not foresee that the bullhorn would knock out Morlock’s teeth.
*(B) Yes, if Wanda knew that the door was substantially certain to strike the bullhorn.
(C) No, because Wanda was entitled to use force to protect herself.
(D) No, if Morlock’s conduct provoked Wanda’s response.
W3Q3/Q4
Peter was rowing a boat on a mountain lake when a storm suddenly arose. Fearful that the boat might sink, Peter rowed to a boat dock on shore and tied the boat to the dock. The shore property and dock were the private property of Owner.
While the boat was tied at the dock, Owner came down and ordered Peter to remove the boat because the action of the waves was causing the boat to rub against a bumper on the dock. When Peter refused, Owner untied the boat and cast it adrift. The boat sank.
- A necessary element in determining if Peter is liable for a trespass is whether:
(A) Owner had clearly posted his property with a sign indicating that it was private property.
(B) Peter knew that the property belonged to a private person.
(C) Peter had reasonable grounds to believe the property belonged to a private person.
*(D) Peter had reasonable grounds to believe his boat might be swamped and might sink.
- If Peter asserts a claim against Owner for loss of the boat, the most likely result is that Owner will:
*(A) Have no defense under the circumstances.
(B) Prevail, because Peter was a trespasser ab initio.
(C) Prevail, because the boat might have damaged the dock.
(D) Prevail, because Peter became a trespasser when he refused to remove the boat.
