Question 1

1pts

Phil was sweeping the floor.He did not know the Maggie was walking behind him.Unfortunately for Maggie, as Phil was looking at the floor, he moved his hand in such a manner that he accidentally hit Maggie in the eye.Maggie admittedly saw Phil's hand coming toward her, but she could not get out of the way quick enough. Which of the following statements is most accurate?

Group of answer choices

Phil is liable for the intentional tort of battery because he offensively touched Maggie.

Phil is not liable for a battery because he did not have the intent to hit Maggie.

Phil is liable for the intentional tort of assault because Maggie was fearful of the offensive contact.

Phil is liable for both the intentional tort of battery and the intentional tort of assault.

Question 2

1pts

Gary was upset with his brother, Sam.When Sam was sound asleep Gary went to his bedroom door and locked it.Gary then went back to bed.Several hours later, Gary went back to Sam's room and removed the lock.Which of the following statements is most accurate?

Group of answer choices

Gary has committed the intentional tort of false imprisonment because Sam was locked in his bedroom for an extensiveperiod of time.

Gary has not committed the intentional tort of false imprisonment because Sam could not be falsely imprisoned in his own room.

Gary has not committed the intentional tort of false imprisonment if Sam was asleep the entire time that Gary had a lock on his door.

Gary has committed the intentional tort of false imprisonment if Sam did not have an alternative means of getting out of his room.

Question 3

1pts

The intent the tortfeasor has to commit an intentional tort against one person that is transferred to another person is known as ______.

Group of answer choices

the doctrine of special intent

the doctrine of transferred intent

the doctrine of transgressional intent

the doctrine of strict liability

Question 4

1pts

Intentionally causing someone to fear an offensive touch is known as a9n) ______.

Group of answer choices

assault

none of the answers are correct.

criminal assault

battery

Question 5

1pts

Charlene and Betty went to Toys R Us and purchased several toys.One of the toys was a plastic gun.The gun looked very real but Betty knew the gun was a toy gun.During the car ride home, Charlene and Betty started to argue.Charlene pulled out the fake gun and pointed it at Betty.Charlene told Betty that she wanted to shoot her with the gun.Which of the following statements is the most accurate?

Group of answer choices

Charlene has committed the intentional tort of assault because she threatened to shoot Betty with the gun.

Charlene has not committed the intentional tort of assault.Although Charlene pointed the gun at Betty, Betty knew that the gun was not a real gun.

Charlene has not committed the intentional tort of assault because she only threatened Betty with the gun.

Charlene has committed the intentional tort of attempted assault because she only threatened to shoot Betty with the gun.

Question 6:

Andrew threw a brick at Cate, intending to hit her. If the brick instead hits Hannah, Andrew has:

Has committed the intentional tort of "transferred intent".

Not committed a tort because he did not have the intent to harm Hannah.

Committed a battery.

Committed an assault.

Question 7

Harry's car was parked just outside the back door of the Times Union Center. When he tried to leave the Times Union Center - through the back door -three dangerous-looking gang members were blocking the door. Harry called the police who arrested the three men. Harry brings a civil suit against the three gang members for false imprisonment.Which statement is most accurate?

he will lose because he was not harmed by the confinement.

he will win because they were blocking his passage to his car.

he will win even if there was another way out of the building because he was, in effect, being confined to the Times Union Center.

he will lose if there was another exit he could have used.

Question 8

Robin ran over to Bridget and pushed her down.Bridget did not see Robin coming.Which of the following statements is most accurate?

Group of answer choices

Robin has committed the intentional tort of battery and the intentional criminal tort of assault and battery.

Robin has not committed the intentional tort of battery or the intentional tort of assault.

Robin has committed the intentional tort of assault even though Bridget sustained no injuries.

Robin has committed the intentional tort of battery Bridget.

Question 9

1pts

Which of the following is NOT atort?

Group of answer choices

Strict liability

Intentional torts

Negligence

Criminal assault

Question 10

1pts

Caitlyn was angry with Shane.When Shane's head was turned Caitlyn ran up behind him and started swinging her tennis racket at his head.Caitlyn quickly came to her senses before Shane saw what she was doing.Which of the following statements is most accurate?

Group of answer choices

Caitlyn has committed the intentional tort of battery.

Caitlyn has not committed the intentional tort of battery because Shane did not see what Caitlyn did.

Caitlyn has committed the intentional tort of assault.

Caitlyn has not committed the intentional tort of assault because Shane did not see what Caitlyn did.

Question 10

1pts

Derrick was upset with Mario.When Mario walked into Derrick's spare room, Derrick put a padlock on the door.Mario was now confined in the room.Which of the following statements is most accurate?

Group of answer choices

Derrick has committed the intentional tort of false imprisonment whether or not Mario knew he was locked in the room.

As long as Mario knew that he was confined in the room,Derrick has committed the intentional tort of false imprisonment

Derrick has not committed the intentional tort of false imprisonment.

Derrick has committed the intentional tort of false imprisonment as long as he intended to have Mario locked in the room for over one minute.

Question 12

1pts

Caitlyn grabbed John's arm and said, "Don't move.I want to talk to you."John shook his arm and Cait lost her grip.John walked away.Which of the following statements is most accurate?

Group of answer choices

Cait has not committed the intentional tort of false imprisonment because Cait did not use a lot of physical force.

Cait has not committed the intentional tort of false imprisonment since John was able to easily break free.

Cait has committed the intentional tort of false imprisonment since John was confined when she held onto him.

Cait has committed the intentional tort of false imprisonment since Cait used a sufficient amount of force to prevent him from moving.

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Question 13

1pts

Brad threw a hot dinner plate at Anna.The hot plate hit Anna and burnt her arm.Which of the following statements is most accurate?

Group of answer choices

Brad has committed the intentional tort of battery.

Brad has committed the intentional tort of assault.

Brad has not committed the intentional tort of battery since Brad's body did not touch Anna's body.

None of the answers.

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Question 14

1pts

Bodily contact that is harmful or offensive can give rise to the tort of:

Group of answer choices

appropriation.

defamation.

assault.

battery.

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Question 15

1pts

Mary told Peter that if she had a gun she would shoot him.Peter became alarmed - as anyone would.Which of the following statements is most accurate?

Group of answer choices

Mary has not committed the intentional tort of assault.

Mary has committed the intentional tort of attempted assault because she did not actually have a gun.

Mary has committed the intentional tort of attempted battery.

Mary has committed the intentional tort of assault because she threatened Peter.

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Question 16

1pts

Gina was very annoyed with Rick.Gina went to hit Rick, but her aim was so bad (and he was so quick), that she accidentally hit Fred.Which of the following statements is most accurate?

Group of answer choices

Whether or not Gina has committed the intentional tort of battery depends upon the reasonable person standard.In other words, what would a reasonable person think under the circumstances.

Based upon the doctrine of transferred intent, Gina has committed the intentional tort of attempted battery against Rick.

Based upon the doctrine of transferred intent, Gina has not committed the intentional tort of battery against Fred because Gina accidentally hit Fred; her intent was to his Rick.

Based upon the doctrine of transferred intent, Gina has committed the intentional tort of battery against Fred even though Gina met to hit Rick.

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Question 17

1pts

Marcia was upset with Sandy and when she saw Sandy walking along the side of the street, she pulled over and asked Sandy to get into her car.When Sandy climbed into the passenger seat of Marcia's car, Marcia got out of the car and locked the driver's side door.Marcia then put her face close to the window and said to Sandy, "Ha ha ha I've locked the door.You're now stuck in the car."Which of the following statements is most accurate?

Group of answer choices

Marcia has committed the intentional tort of false imprisonment because she locked the driver's side of the door.

None of the answers.

Marcia has not committed the intentional tort of false imprisonment if Sandy could have opened the passenger side of the door and gotten out of the car.

Marcia has not committed the intentional tort of false imprisonment since the car can be moved and therefore it is not a fixed boundary.

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Question 18

1pts

Matthew was walking down the street.He saw his former girlfriend Sarah.Sarah was wearing the necklace that Matthew gave her when they were dating.Matthew ran up behind Sarah and pulled the necklace off her neck. Matthew was very, very careful to grab the necklace in such a way that his body did notcome in contact with Sarah's body. Which of the following statements is most accurate?

Group of answer choices

None of the answers.

Matthew has committed the intentional tort of assault.

Matthew has not committed the intentional tort of battery since he only grabbed a necklace off of Sarah and did not physically touch her.

Matthew has committed the intentional tort of battery.

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Question 19

1pts

Megan was annoyed with Brendan.She decided that she would teach him a lesson and went to throw her glass of wine in his face.Unfortunately for Megan, she has very bad aim and missed.Which of the following statements is most accurate?

Group of answer choices

Megan has committed the intentional torts of battery and assault.

Megan has committed the intentional tort of assault.

Megan has committed the intentional tort of attempted battery.

Megan has committed the intentional tort of battery.

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Question 20

1pts

Oscar was walking down the street.He looked down at his cell phone to see who sent him a text.Unfortunately, Oscar continued to walk a few more steps and - without knowing that he was going to run into someone - he bumped into Daisy.Oscar bumped Daisy so hard that she fell to the ground and twisted her ankle.Which of the following statements is most accurate?

Group of answer choices

Oscar has not committed the intentional tort of battery.

Oscar has committed the intentional tort of assault.

Oscar has committed the intentional tort of attempted battery.

Oscar has committed the intentional tort of battery.

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Question 21

1pts

Philip and Bart had an argument.Bart went into his backpack and pulled out a gun.Bart pointed the gun at Philip,Philip knew the gun was real.Bart told Philip that he wanted to shoot him.Which of the following statements is most accurate?

Group of answer choices

Bart has not committed the intentional tort of assault because he only threatened Philip with the gun.

Bart has committed the intentional tort of attempted assault because he did not actually shoot Philip with the gun.

Bart has committed the intentional tort of assault because he pointed the gun at Philip.

Bart has committed the intentional tort of attempted murder.

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Question 22

1pts

Sally and Mike were arguing.Mike threw a box of plastic forks at Sally.The box of plastic forks hit Sally but Sally sustained no injuries.Which of the following statements is most accurate?

Group of answer choices

Mike has committed the intentional tort of battery even though Sally sustained no injuries.

Brad has not committed the intentional tort of battery since Sally sustained no injuries.

None of the answers.

Brad has committed the intentional tort of assault even though Sally sustained no injuries.

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Question 23

1pts

Andra intentionally pushed Chet on the ground.Which statement is the most accurate statement regarding Andra's intent?

Group of answer choices

Andra must havebelieved the consequences of her actions weresubstantially certain to occur.

All of these are correct.

Andra must havedesired to cause the consequences of her action.

Andra musthave acted purposefully.

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Question 24

1pts

Which is NOT an element of the intentional tort of false imprisonment?

Group of answer choices

Unknowingly locking someone in a garage.

Knowingly and intentionally locking someone in a bedroom where the person who is locked in the bedroom is aware of his confinement

Refusing to return your friend's pocket book so your friend cannot leave your apartment.

Using a physical threat to harm someone's significant other in order to restrict theperson's movement