Section I. TRUE/FALSE (Max. Points for Section = 10 Points).
For each of the following statements, indicate (with a “T” or “F”) whether the statement is True or False. Each correct response is worth one (1) point. All work must be your own without assistance or input from anyone else.
1. _________.Governments and their officials acting in the scope of their public duties are generally immune from tort liability.
2. _________.A shopkeeper who reasonably suspects a person of theft may lawfully detain the suspect for a reasonable time without being guilty of false imprisonment.
3. _________.Generally, corporate employees acting intentionally and outside the scope of their employment without proper authority are liable individually and personally to third parties for their tortious acts committed in the course of their corporate employ.
4. _________.The law of Products Liability concerning defective products is generally understood to impose liability only on a product maker or manufacturer for failures to warn of known defects.
5. _________.The common law tort of Trespass is the foundation from which many of the torts studied in Chapter 9 are derived.
6. _________.The tort of assault requires an offensive and harmful touching of another.
7. _________.The concept of “comparative negligence” is a common law defense to a negligence action that permits a Defendant to avoid liability to a Plaintiff that substantially contributed to his/her own injuries and whose negligence is greater than any negligence of the Defendant.
8. _________.The tort of medical malpractice requires a Plaintiff to show a breach of the duty of the professional standard of care required by a reasonable and competent professional, such as a physician, and is in essence a particularized application of the tort of negligence.
9. _________.A Plaintiff struck suddenly from behind by his assailant may sue successfully for assault but not battery in order to recover damages for bodily injuries caused by the incident.
10. ________.A Defendant may successfully sue a Judge for Defamation if the Judge calls the Defendant a liar, bum and a scourge on society at the Defendant’s sentencing hearing for theft.
Section II. Short Answers. (Max. Points for Section = 22Points). This Section contains eleven (11) questions that require Students to fill in the blank in order to complete the sentence correctly. Each correct response in this section is worth two (2) points. All work must be your own without assistance or input from anyone else.
1. At common law, the defense of _______________ negligence bars a plaintiff from recovering any damages against a Defendant(s) if the Plaintiff is found by a jury to be 51% or more negligent.
2. The tort of _______________________ requires that a person be held against his or her will and that there is no reasonable avenue of escape available.
3. The tort of ________________ requires an imminent threat of harm that causes a reasonable person to fear harm and is meant to protect the mental or emotional well-being of a person.
4. The statutory tort defense of ___________________ permits a judge to mold an award of damages to reflect the proportion or percentage of fault attributable to the Plaintiff and each of the Defendants found by a jury.
5. The type of damages, known as _______________, are typically awarded in a tort case in order to make the injured Plaintiff whole.
6. In a negligence case, the Plaintiff must prove that a Defendant owed Plaintiff a duty and breached it, that the Plaintiff suffered harm or injury and that the Defendant’s breach of duty was the ______________ cause of the Plaintiff’s harm or injury.
7. The tort of ___________________________ requires proof that Defendant’s conduct was outrageous, beyond the bounds of human decency and that such conduct causedsevere, emotional suffering to the Plaintiff as a result.
8. A jealous ex-boyfriend who stalks his former girlfriend, spies on her through her bedroom window to see if she is having sex with another guy and who harasses her with text messages after being told to stop may have committed the intentional tort known as ________________.
9. When Plaintiff voluntary proceeds to act in the face of an obvious or known danger and thereafter suffers foreseeable injury, the Defendant may successfully assert the defense of _____________________ in Plaintiff’s negligence action for damages against the Defendant.
10. Three types of defects that may lead to strict liability in tort for a product seller are (1) manufacturing defects, (2) ___________ defects and (3) marketing or failure-to-warn defects.
11. In extraordinary tort actions involving egregious and outrageous conduct, a jury may award _____________ damages that are designed to punish a Defendant and make an example of him.
III. MULTIPLE CHOICE (Max. 10 points)
This section contains 5 multiple choice questions. Choose the response for each question that is most accurate and write its corresponding letter in the space provided. Each correct response in this section is worth two (2) points. All work must be your own without assistance or input from anyone else.
1. ________.Francis was an adult who was injured after ice skating at his local county park. Francis did not see any of the three signs posted around the perimeter of the lake by the county that warned skaters not to skate due to thin ice. Francis fell through the ice and was hospitalized for two days, after suffering several minor, soft tissue injuries and nearly drowning. Francis immediately sued the County for negligence in failing to post adequate warnings. Which of the following should Francis be MOST concerned about regarding his lawsuit?
A. The County’s defense of comparative negligence
B. The County’s defense of the state Tort Claims Act
C. The County’s defense of “express assumption of risk”
D. Francis should not be concerned about any of the three County defenses asserted above.
2. ________.Which of the following scenarios WOULD MOST LIKELY result in strict liability in tort being found?
A. Plaintiff injured when Defendant driver speeds through a red light.
B. Neighbor injured when a pet tiger gets free from its chains and bites neighbor.
C. Defective product sold that is not manufactured in accordance with the design specs.
D. All of the above would likely result in strict liability in tort being found.
E. Only B and C are correct.
3. ________.In a hurry to get to a party that he was running late for, James stopped at Shop-Quick to pick up a few last-minute things for the party. As he ran down the junk food aisle looking for cheese dip, he slipped and fell in a puddle of orange juice that had spilled halfway down the aisle and had not yet been cleaned up. When James sues Shop-Quick for his injuries, which of the following affirmative defenses would give Shop-Quick the greatest chance for victory?
A. State Tort Claims Act
B. Comparative Negligence
C. Express Assumption of Risk
D. Shopkeeper’s Privilege
4. ________.Which is true of the “reasonable person” standard?
A. The standard is not relevant in civil tort cases.
B. The standard is an objective standard that applies in negligence cases.
C. The standard is used in strict–liability–in–tort cases but not in negligence cases.
D. None of the above are true.
5. _______.Which of the following might be lawful to use in a corporate marketing campaign?
A. An image of a celebrity without his/her consent.
B. A famous slogan that is already associated with a celebrity in the minds of the public without consent from the celebrity.
C. A publicity photo of a celebrity posted by the celebrity on his/her social media pages.
D. B & C are both lawful to use.
IV. PRACTICAL SKILL SECTION. (Max. 8 Points)
Using Westlaw Campus Research or Google Scholar, find and read the case of Brijall v. Harrah’s Atlantic City, 905 F. Supp. 2d 617 (D.N.J. 2012) and respond correctly to the following questions. Briefly, the case involves a suit against Harrah’s in Atlantic City for injuries to a patron allegedly caused by one of Harrah’s security guards. Harrah’s has denied any liability for Plaintiff’s injuries and has moved for Summary Judgment. There is a maximum of eight (8) points to be earned for your correct responses. All work must be your own without assistance or input from anyone else.
A. Why does Plaintiff allege that Defendant Harrah’s should be liable for his damages on the basis that Harrah’s acted negligently? Be sure to identify the three ways in which Plaintiff alleges negligence against Harrah’s. (2 Points)
B. Explain in detail why Defendant Harrah’s won its motion for summary judgment against Plaintiff on the latter’s claims of negligence. (1 Points)
C. Did Defendant Harrah’s win summary judgment against Plaintiff on his tort claims for assault and battery? Explain why or why not in sufficient detail to demonstrate your understanding of the legal principles applied in the case. (3 Points)
D. Explain what “respondeat superior” means and its importance to the Court’s decision. (2 Points)
IV. EXTRA CREDIT (Optional – Max. 6 Points). These optional, extra credit questions allow you to earn an additional six (6) points towards your total Quiz score for correct responses to both questions.
EC1. In an action for Libel by a celebrity athlete, the Plaintiff celebrity athlete who brings the Libel case must prove by a preponderance of the evidence that the Defendant published a false statement about the celebrity’s character, reputation orintegrity that caused him/her harm and that the Defendant did so with ___________. (3 Points).
EC2. The tort of ___________________ is committed when an individual defames the quality, brand, reputation or ability of the products or services of a business causing actual harm or damage to the business and/or its reputation. (3 Points).