LEB 323 TEST 1 QUESTIONS AND
ANSWERS
Two Areas Where Negligence is Removed from Basis of Lawsuits - Answer-1) When
worker's compensation has been utilized
2) In minor automobile accidents (insurance handles it)
Three Attribute of Major Intentional Torts (i.e. assault and battery) - Answer-Affirmative
Conduct → must be intentional/conscious action
Intent → to create offensive contact to body/apprehension
Injury → must be in nature of apprehension of offensive bodily contact (can't be just a
threat from far away)
***MALICE IS NOT REQUIRED (except for unusual torts like intentional infliction of
emotional distress)
Cole v. Louisiana Department of Corrections - Answer-1.Riot exercise where Cole gets
beaten excessively and injured even after saying code word; sues for battery
2.Not workers comp because it was intentional conduct that went beyond consent
3.Intention doesn't need to be malicious to count
How can proof of malice be important when not required? - Answer--Entitles plaintiff to
punitive damages
-For defamation (libel/slander), proof of malice necessary to overcome a defendant's
"qualified privilege"
Defamation: Libel vs. Slander - Answer-Libel: written defamation (includes TV and
radio); more damaging, can recover damages just by proving it occurred
Slander: oral defamation; requires proof of special damages in addition to proving
slander occurred
-4 categories of slander per se (don't need special damages): Imputation of serious
crime, loathsome disease, incompetence in profession, or Sexual misconduct
Defamation: 4 elements needed to prove and 3 defenses - Answer-1) Makes statement
as if it were FACT; 2) Defamatory; lower reputation/be FALSE 3)Communicated to 3rd
party; 4) Injure reputation
1) Statute of Limitations (1 year); 2) Absolute Privilege- even if plaintiff could prove all
elements, no liability (even if they acted in bad faith) 3) Qualified Privileges - defendant
protected when acting in good faith; malice required (i.e. knew statement was false OR
acted with reckless disregard)
, False Imprisonment (element and defenses) - Answer-1.Intentional Confinement -
requires wrongful intent
2.Without Consent
3.Without Lawful Authority - must be a police officer/etc.
4.Injury - depriving person of liberty
-Shopkeeper's statutes: protect shopkeepers from paying false imprisonment recovery
for suspected shoplifters
Walmart v. Cockrell - Answer--Suspect shoplifter held in room/subjected to strip search
by security guard; sues for false imprisonment
-"Contemporaneous search" with probable cause
-No probable cause in this case → scope of search was unreasonable and
shopkeeper's statute didn't apply
Trespass: 3 elements and 3 defenses - Answer-1.Affirmative Conduct - consciously
enter property
2.Intent - defendant intentionally entered; don't need malice
3.Actual entry - includes air particles, overgrown tree limbs
-Statute of limitations, consent, and legal right (tenant)
4 Characteristics of Respectable Legal Rules - Answer-1) Relatively certain 2)
Relatively flexible 3) Known/knowable 4) Apparently reasonable
Great bulk of law is state/federal law - Answer-STATE
Common Law - Answer-all rules existing in a state that result from judicial decisions in
those areas of law (case, judge-made, or unwritten law; contracts/torts)
Statutory Law - Answer-state/federal statutes in effect; rule that have been formally
adopted by legislative bodies rather than the courts (written law;
constitutions/ordinances/treaties)
Civil Law - Answer-•Civil action: (most common) plaintiff seeking to enforce private
obligations/duties against defendant
•Civil laws: spell out rights existing among individuals, business firms, and sometimes
government agencies
•Must be proved only by "a preponderance of evidence"
•Contract law, tort law, sales law
Criminal Law - Answer-Cases against the state; i.e. murder (felonies and
misdemeanors)
Public vs. Private Law - Answer-Public law: concerned with government-individual
relationship (criminal, constitutional, and administrative law)
Private law: concerned with creating and enforcing rights of one individual against
another
ANSWERS
Two Areas Where Negligence is Removed from Basis of Lawsuits - Answer-1) When
worker's compensation has been utilized
2) In minor automobile accidents (insurance handles it)
Three Attribute of Major Intentional Torts (i.e. assault and battery) - Answer-Affirmative
Conduct → must be intentional/conscious action
Intent → to create offensive contact to body/apprehension
Injury → must be in nature of apprehension of offensive bodily contact (can't be just a
threat from far away)
***MALICE IS NOT REQUIRED (except for unusual torts like intentional infliction of
emotional distress)
Cole v. Louisiana Department of Corrections - Answer-1.Riot exercise where Cole gets
beaten excessively and injured even after saying code word; sues for battery
2.Not workers comp because it was intentional conduct that went beyond consent
3.Intention doesn't need to be malicious to count
How can proof of malice be important when not required? - Answer--Entitles plaintiff to
punitive damages
-For defamation (libel/slander), proof of malice necessary to overcome a defendant's
"qualified privilege"
Defamation: Libel vs. Slander - Answer-Libel: written defamation (includes TV and
radio); more damaging, can recover damages just by proving it occurred
Slander: oral defamation; requires proof of special damages in addition to proving
slander occurred
-4 categories of slander per se (don't need special damages): Imputation of serious
crime, loathsome disease, incompetence in profession, or Sexual misconduct
Defamation: 4 elements needed to prove and 3 defenses - Answer-1) Makes statement
as if it were FACT; 2) Defamatory; lower reputation/be FALSE 3)Communicated to 3rd
party; 4) Injure reputation
1) Statute of Limitations (1 year); 2) Absolute Privilege- even if plaintiff could prove all
elements, no liability (even if they acted in bad faith) 3) Qualified Privileges - defendant
protected when acting in good faith; malice required (i.e. knew statement was false OR
acted with reckless disregard)
, False Imprisonment (element and defenses) - Answer-1.Intentional Confinement -
requires wrongful intent
2.Without Consent
3.Without Lawful Authority - must be a police officer/etc.
4.Injury - depriving person of liberty
-Shopkeeper's statutes: protect shopkeepers from paying false imprisonment recovery
for suspected shoplifters
Walmart v. Cockrell - Answer--Suspect shoplifter held in room/subjected to strip search
by security guard; sues for false imprisonment
-"Contemporaneous search" with probable cause
-No probable cause in this case → scope of search was unreasonable and
shopkeeper's statute didn't apply
Trespass: 3 elements and 3 defenses - Answer-1.Affirmative Conduct - consciously
enter property
2.Intent - defendant intentionally entered; don't need malice
3.Actual entry - includes air particles, overgrown tree limbs
-Statute of limitations, consent, and legal right (tenant)
4 Characteristics of Respectable Legal Rules - Answer-1) Relatively certain 2)
Relatively flexible 3) Known/knowable 4) Apparently reasonable
Great bulk of law is state/federal law - Answer-STATE
Common Law - Answer-all rules existing in a state that result from judicial decisions in
those areas of law (case, judge-made, or unwritten law; contracts/torts)
Statutory Law - Answer-state/federal statutes in effect; rule that have been formally
adopted by legislative bodies rather than the courts (written law;
constitutions/ordinances/treaties)
Civil Law - Answer-•Civil action: (most common) plaintiff seeking to enforce private
obligations/duties against defendant
•Civil laws: spell out rights existing among individuals, business firms, and sometimes
government agencies
•Must be proved only by "a preponderance of evidence"
•Contract law, tort law, sales law
Criminal Law - Answer-Cases against the state; i.e. murder (felonies and
misdemeanors)
Public vs. Private Law - Answer-Public law: concerned with government-individual
relationship (criminal, constitutional, and administrative law)
Private law: concerned with creating and enforcing rights of one individual against
another
