11.Bill kissed Sherry when she was asleep in a chair in the Student Union.Sherry found out and sued Bill for assault and battery.She will win her assault cause of action and lose her battery cause of action.

True

False

12.Use of land can be proper or a nuisance.

True

False

13.Both "actual cause" and "proximate cause" must be shown (proven) to win a negligence case.There are two tests for proving causation: the "But for" test and the "Foreseeability" test.Actual cause uses the "but for" test.Proximate cause uses the "foreseeability" test.

If a texting driver takes his eyes off the road and runs into a bicycle rider the questions would be, (1) "But for" texting, would the driver of the car have run into the bicycle rider[?] and (2) Was it foreseeable that a texting driver would run into a bicycle rider[?].The answer to the first question is NO and the answer to the second question is YES.

True

False

14.Frank and James played soccer on Sundays.Frank accidentally tripped James during a match and James broke his ankle.James sued Frank for his injuries.James will lose based on implied consent -- a defense to battery.

True

False

15.Paul was sued for telling a news reporter that his neighbor was a former Mafia member when he was not.The neighbor will prevail when he sues Paul.

True

False

16.Fred stole Sara's computer.He is guilty of theft (a crime) and liable for conversion (a tort).

True

False

17.Ana and Joe went to a party as Mary and her Little Lamb.Ana used white bunting, usually used as filling for quilts, to make Joe's costume and put it together with a lot of glue.At the party Joe lit a cigarette with a butane lighter, his costume erupted in a fire ball, and Joe was seriously injured. So was Ana who tried to put out the flames.True or false -- the bunting is a defective product.

True

False

18.What legal term below constitutes an intentional tort

aproduct liability

bstrict liability

cnegligence

dlibel

19.What legal term below constitutes an unintentional tort

astrict liability

bslander

cnuisance

dtrespass

20.Mary was abducted as a child and spent two years away from her family.She doesn't like to talk about it and asked a childhood friend never to mention it.The childhood friend got a job on the local newspaper and wrote an article that the paper ran about what happened to Mary as a child and what she is doing now.Everything in the article is true.If Mary sues the paper for defamation only -- she will lose.But if she sues for invasion of privacy she will win.Truth is a defense to defamation but not to invasion of privacy.

True

False