QUESTION 1

1. Which of the following statements about torts is correct?

   	a.	A tortious act is always a criminal act.
   	b.	A tortious act is the same as a contract dispute.
   	c.	A criminal act is always a tortious act.
   	d.	A tortious act may also be a criminal act.

3.5 points

QUESTION 2

1. In awarding punitive damages, a court considers all of the following EXCEPT

   	a.	the difference between the punitive award and any civil penalties used in similar cases.
   	b.	the ratio between the harm suffered and the award.
   	c.	the financial condition of the plaintiff.
   	d.	the reprehensibility of the defendant's conduct.

3.5 points

QUESTION 3

1. The idea behind punitive damages is that

   	a.	the defendant must be restored to the position he/she was in before the injury.
   	b.	certain behavior is so unacceptable that society must make an example of it.
   	c.	torts that occur in a commercial setting are far more serious than torts affecting private individuals.
   	d.	the right to free speech is not absolute and must sometimes be restricted.

3.5 points

QUESTION 4

1. The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses.

   True

   False

3.5 points

QUESTION 5

1. Adam decided to play a practical joke on Linda, a coworker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of emotional distress?

   	a.	No, since he was only playing a practical joke.
   	b.	No, since Linda was not physically hurt by Adam.
   	c.	Yes, but only if Adam intended to cause Linda serious emotional distress.
   	d.	Yes, as his conduct was intentional.

3.5 points

QUESTION 6

1. Written defamation is _____; oral defamation is _______.

   	a.	fraud; conversion
   	b.	conversion; fraud
   	c.	slander; libel
   	d.	libel; slander

3.5 points

QUESTION 7

1. Public officials can win a defamation case only by proving the defendant's actual malice.

   True

   False

3.5 points

QUESTION 8

1. Dewayne sold a space heater to Vivian, telling her it would heat a 200-square-foot area, even though he knew it would effectively heat only about one-third of that space. Dewayne is liable for the intentional tort of fraud.

   True

   False

3.5 points

QUESTION 9

1. Don was standing in a cafeteria line holding a plate. Tim was upset with Don. Tim turned Don around and grabbed the plate out of Don's hand. Tim then held the plate up and threatened to break it over Don's head. Tim has committed

   	a.	a battery, but not an assault.
   	b.	an assault, but not a battery.
   	c.	both an assault and a battery.
   	d.	neither an assault nor a battery.

3.5 points

QUESTION 10

1. Adam decided to play a practical joke on Linda, a coworker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct?

   	a.	Adam committed an assault and a battery.
   	b.	Adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke on Linda.
   	c.	Adam committed an assault but not a battery.
   	d.	Adam committed a battery but not an assault.