BLAW 2200-Exam 2 Questions with
Complete Solutions.
Tort - Answer civil injury designed to provide a remedy (damages) for injury to a protected
interest
Damages available in tort actions: - Answer compensatory; quantifiable losses; general;
punitive
Tort action compensatory: - Answer reimburse plaintiff for actual losses
Tort action quantifiable losses: - Answer medical expenses, lost wages, benefits
Tort action general: - Answer non-monetary, such as pain and suffering, reputation
Tort action punitive: - Answer punish the wrongdoer
Types of tort reform: - Answer limit punitive and general damages; capping what attorneys
receive in contingency cases; losing party pays all expenses
tortfeasor - Answer person committing the tort
transferred intent: - Answer intent of tortfeasor is transferred when he intends to harm
person "A" but unintentionally harms person "B" as well
Types of intentional torts against persons: - Answer assault/battery; false imprisonment;
infliction of emotional distress; defamation; invasion of privacy; business torts
Assault - Answer intentional, unexcused act that creates a reasonable apprehension or fear
of; immediate harmful or offensive contact; NO CONTACT NECESSARY
What is battery? - Answer the completion of the assault (intentional or unexcused; harmful,
offensive or unwelcome; physical contact)
Plaintiff in a battery: - Answer can be compensated for physical and emotional harm
, False imprisonment - Answer confinement or restraint of another persons activities without
justification (merchants may reasonably detain customers if there is probable cause)
Intentional infliction of emotional distress: - Answer extreme and outrageous results in
severe emotional distress in another (most courts require some physical symptom or illness)
defamation - Answer involves wrongfully hurting a persons good reputation; law imposes
duty to refrain from making false statements of fact about others
slander - Answer orally breaching defamation
libel - Answer breaching defamation in print or media or internet
Defamation (opinion) - Answer published statement must be fact; opinions are protected
speech under the first amendment and not actionable
Publication requirement - Answer gravamen of defamation is the "publication" of a false
statement to a 3rd party that holds an individual up to hatred, contempt or ridicule in the
community
Defamation Libel - Answer general damages are presumed; plaintiff does not have to prove
actual injury (include compensation for disgrace, dishonor, humiliation, injury to reputation and
emotional distress)
Defamation slander - Answer general rule: proof of special damages(actual economic loss)
Slander per se - Answer no proof of damages is necessary when the statement involves:
loathsome disease, business improprieties, serious crime, or that a woman is non-chaste
Defamation defenses - Answer truth; privileged speech; public figures
To prevail against public figures: - Answer plaintiff must show the statement was made with
"actual malice"
Invasion of privacy - Answer use of persons name; intrusion of individuals affairs or seclusion;
publication of information that places a person in false light; public disclosure of private facts;
use of another name or identifying characteristics for commercial purposes without the owner's
consent
Complete Solutions.
Tort - Answer civil injury designed to provide a remedy (damages) for injury to a protected
interest
Damages available in tort actions: - Answer compensatory; quantifiable losses; general;
punitive
Tort action compensatory: - Answer reimburse plaintiff for actual losses
Tort action quantifiable losses: - Answer medical expenses, lost wages, benefits
Tort action general: - Answer non-monetary, such as pain and suffering, reputation
Tort action punitive: - Answer punish the wrongdoer
Types of tort reform: - Answer limit punitive and general damages; capping what attorneys
receive in contingency cases; losing party pays all expenses
tortfeasor - Answer person committing the tort
transferred intent: - Answer intent of tortfeasor is transferred when he intends to harm
person "A" but unintentionally harms person "B" as well
Types of intentional torts against persons: - Answer assault/battery; false imprisonment;
infliction of emotional distress; defamation; invasion of privacy; business torts
Assault - Answer intentional, unexcused act that creates a reasonable apprehension or fear
of; immediate harmful or offensive contact; NO CONTACT NECESSARY
What is battery? - Answer the completion of the assault (intentional or unexcused; harmful,
offensive or unwelcome; physical contact)
Plaintiff in a battery: - Answer can be compensated for physical and emotional harm
, False imprisonment - Answer confinement or restraint of another persons activities without
justification (merchants may reasonably detain customers if there is probable cause)
Intentional infliction of emotional distress: - Answer extreme and outrageous results in
severe emotional distress in another (most courts require some physical symptom or illness)
defamation - Answer involves wrongfully hurting a persons good reputation; law imposes
duty to refrain from making false statements of fact about others
slander - Answer orally breaching defamation
libel - Answer breaching defamation in print or media or internet
Defamation (opinion) - Answer published statement must be fact; opinions are protected
speech under the first amendment and not actionable
Publication requirement - Answer gravamen of defamation is the "publication" of a false
statement to a 3rd party that holds an individual up to hatred, contempt or ridicule in the
community
Defamation Libel - Answer general damages are presumed; plaintiff does not have to prove
actual injury (include compensation for disgrace, dishonor, humiliation, injury to reputation and
emotional distress)
Defamation slander - Answer general rule: proof of special damages(actual economic loss)
Slander per se - Answer no proof of damages is necessary when the statement involves:
loathsome disease, business improprieties, serious crime, or that a woman is non-chaste
Defamation defenses - Answer truth; privileged speech; public figures
To prevail against public figures: - Answer plaintiff must show the statement was made with
"actual malice"
Invasion of privacy - Answer use of persons name; intrusion of individuals affairs or seclusion;
publication of information that places a person in false light; public disclosure of private facts;
use of another name or identifying characteristics for commercial purposes without the owner's
consent
