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1. Iris was at fault in a car crash in which Phil was injured. As they waited for first responders to arrive, a plane, which
1. Iris was at fault in a car crash in which Phil was injured. As they waited for first responders to arrive, a plane, which was part of a nearby air show, crashed into Phil killing him instantly. Iris will likely not be liable for Phil's death because the plane crash was the ___________ cause of his death. A) inferior B) foreseeable C) proximate D) superior E) none of the above 2. _____________ is the intentional confinement or restraint of another person's activities without justification. A) assault B) battery C) false imprisonment D) intentional infliction of emotional distress E) defamation 3. The defense of _____________ applies where the plaintiff is negligent and contributes to his or her own injuries. A) assumption of the risk B) contributory negligence C) state of the art D) Both A and B E) none of the above 4. An intentional and unexcused threat of immediate harmful or offensive contact constitutes the tort of: _____________________. A) assault B) false imprisonment C) intentional infliction of emotional distress D) battery E) defamation 5. The Roach v. Stern case discussed the tort of ______________. A) assault B) battery C) false imprisonment D) intentional infliction of emotional distress E) defamation 6. Which of the following is NOT an element of negligence? ______________ A) damage B) breach of duty of due care C) actual causation D) proximate causation E) all of the above are elements of a negligence case 7. Which of the following does not constitute special damages that can be awarded in a tort lawsuit? _______________ A) medical expenses B) lost wages C) pain and suffering D) replacement costs of damaged property E) all of the above are special damages 8. The difference between slander and libel is that: ______________. A) libel is a written communication and slander is an oral communication B) libel is a felony and slander is a misdemeanor C) libel requires that the plaintiff prove actual damages while slander does not D) slander is a written communication and libel is an oral communication E) none of the above 9. ______________ involves wrongfully hurting a person's good reputation. A) assault B) battery C) false imprisonment D) mental distress E) defamation 10. __________ damages are designed to punish the defendant for intentional torts and negligent behavior considered "willful" and "wanton." A) inculpatory B) punitive C) nominal D) compensatory E) consequential
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