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Kevin and James are regular patrons at the King's Arms pub. Kevin has a different favorite hockey team than James. James is easily provoked to

Kevin and James are regular patrons at the King's Arms pub. Kevin has a different favorite hockey team than James. James is easily provoked to severe anger, and often threatens to beat Kevin up during discussions about hockey. One day, Kevin comes into the pub wearing his favorite team's hockey jersey. When James sees the jersey he becomes very angry and forcefully punches Kevin in the arm. A few nights later, James throws a cup of hot coffee on Kevin resulting in severe burns to Kevin's arms. What type of tort has James committed?

  • Battery
  • Assault
  • Assault and battery
  • Inciting violence
  • Aggravated assault

Brenda was using a curling iron on Amanda's hair. As Brenda swiveled the chair around to get to Amanda's bangs, she accidentally burned Amanda's neck. Amanda was so upset with the burn mark she decided to sue Brenda for assault and battery. What will most likely happen in this case?

  • Brenda did not commit assault and battery because it was not intentional.
  • Brenda should have been more careful and her actions caused injury. It is assault and battery.
  • Assault and battery only applies in cases where the severity of injury is more severe.
  • Amanda has no way of knowing Brenda's motives so the assumption is that the act was intentional and it is assault and battery.

Excited about that Fourth of July, Perry lit a pack of firecrackers, yelled a warning to those nearby and threw them into the air. Unfortunately, the explosives landed in Maria's hair and created several large burns on her scalp. What happened here?

  • Perry committed general battery because he did not intend to specifically hurt Maria.
  • Perry committed general battery because he did not intend to specifically hurt Maria.
  • Perry cannot be responsible for where the firecrackers landed after he threw them.
  • Perry cannot be responsible for where the firecrackers landed after he threw them.
  • Maria happened to be in the wrong place at the wrong time.
  • Maria happened to be in the wrong place at the wrong time.
  • Perry gave fair warning to everyone within ear-shot of his intentions.

Mrs. Crump is a Professor of English at Smartsville University. The students say she is a mean person. The administration at school love how she pushes the students to do their best. A few students tell the college president that Crump hit them with a ruler. Then they posted signs all over campus about her alleged abuse. They even used a photo-enhancing software to create photos of Crump hitting students. As a result of their accusations, Crump was suspended without pay until an investigation is complete. What can Ms. Crump do?

  • Malice was not present so she cannot sue anyone.
  • She can sue for defamation.
  • She cannot di anything about it because she should have treated students fairly.
  • She has the burden of proof because she is the plaintiff. No per se case is present.

Ziggy and Daniel were arguing when Ziggy picked up a rock and hurled it at Daniel's head. Who is Ziggy in this scenario?

  • Assaultee
  • Tortgressor
  • Plaintiff
  • Aggravator
  • Tortfeasor

A written statement that damages someone's reputation is not considered libel if it is never communicated to another person than the person who wrote the statement. In other words, the person who wrote the statement never showed it to anyone.

  • True
  • False

Janice goes into a bank. She gets angry with the teller who refuses to cash a check. Janice takes out her cell phone and throws it at the teller. The teller is hit above the eye. What cause(s) of action does the teller have?

  • assault
  • emotional distress
  • battery
  • strict liability
  • negligence

The decision about whether a civil suit will be brought following a harmful act is up to:

  • The defendant
  • The plaintiff
  • The judge
  • The police
  • The prosecutor

Perry had a parrot named Susie. He liked to take her out to the boardwalk for strolls during sunset. One day, a passerby tried to pet Susie. Perry warned the passerby that Susie does not like to be touched. He insisted and she bit the man on the hand. What will likely happen in court?

  • Perry is responsible because he owns the parrot.
  • The court will not try cases that involve birds, and not people.
  • Susie can bite a person who pets her against her will.
  • The passerby should have known better, and Perry warned him.

Geneva and her friends were celebrating her 30th birthday. After a few too many glasses of champagne, Geneva climbed on a monument in the town center and sang a few verses of Happy Birthday to herself. A crowd gathered and several photojournalists got some pretty incriminating shots. The next day, she saw several social media sites posted her untouched-up photos online. Angered, she cried defamation and initiated a lawsuit. What will likely happen?

  • The websites must pay for ruining her reputation in the community.
  • Probably nothing. The photos were taken of her in a public place and were not touched up.
  • The photojournalists should have asked for permission to post photos.
  • The websites must pay for affecting her economic future.

Tort law is primarily

  • criminal law
  • case law
  • Roman law
  • statutory

Rusty owns and runs a restaurant. He allows Tammy to drink six beers and then leave his restaurant. As Tammy is leaving she starts a fight with another customer, Carrie. Tammy breaks Carrie's nose. Carrie wants to sue for money damages. Why would Carrie have the ability to sue Tammy and most likely Rusty?

  • Fireman's Rule
  • Dram Shop Acts
  • Rescue Doctrine
  • Good Samaritan Acts

Lovell threatened to hit Farrin. If Lovell did hit Farren and Farrin suffered injury or damages, she could sue Lovell for

  • nuisance
  • assault only
  • battery only
  • assault and battery

Barry moved from a big city to a small town in the Midwest. It was apparent by his dress and accent that he wasn't from the area. Neighbors, convinced that Barry is part of the witness protection program, began telling everyone in town that Barry is in the Mafia. They spread rumors all over town that Barry is a murderer and a thug. He couldn't get a job or even get a seat at the local saloon. When he heard about the rumors, he went straight to court. What type of claim would he likely be able to make?

  • Little will help his case. He obviously has a past that he did not fully explain.
  • Nothing, Barry was new in town and the neighbors have every right to size him up.
  • Barry would be able to claim slander against the individuals spreading rumors.
  • Barry would be able to claim libel against the individuals spreading rumors.

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