ch 15 test

Question 1

31

Answer 1

defamation

Question 2

32

Answer 2

trespass to the person

Question 3

33

Answer 3

imminent harm

Question 4

34

Answer 4

medical battery

Question 5

35

Answer 5

false imprisonment

Question 6

36

Answer 6

chattels

Question 7

37

Answer 7

conversion

Question 8

38

Answer 8

statutory authority

Question 9

39

Answer 9

slander + libel

Question 10

40

Answer 10

fair comment

Question 11

47 almost all crimes are torts but not the other way around

Answer 11

assault, theft/conversion, homocide/wrongful death, false imprisonment

Question 12

48 if no harm from physical contact, is it battery?

Answer 12

has to offend the person in some way, a reasonable person has to find it offensive and unacceptable

Question 13

49 assault and battery example

Answer 13

battery: intentional, unauthorized physical contact that the victim considers harmful or offensive
assault: threatened of actual physical contact without consent, victim has to believe it

Question 14

50 which is easier to prove: crime or tort?

Answer 14

tort because the burden of proof is based on the balance of probability where crime is beyond reasonable doubt

Question 15

51 patient requires a different procedure while under

Answer 15

should only continue operation after informed consent, only in emergency situations can a doctor proceed without consent, if the situation is not life threatening the doctor has no choice but to close the person and get consent when they wake up

Question 16

52 how to prove a public nuisance

Answer 16

usually an attorney general must sue on behalf of the public in an action for public nuisance, in certain circumstances damages over and above those suffered by the general public a person may bring an action themselves for public nuisance

Question 17

53 self defense test

Answer 17

The court will ask, was the force used reasonable, taking all circumstances into account

Question 18

54 how to evict trespassers legally

Answer 18

ask the intruder to leave property, provide them a reasonable time to vacate, may exercise reasonable force to evict

Question 19

55 politicians no defamation

Answer 19

this protection called absolute privilege ensures that the best interest of society are served, such projection allows politicians to speak openly and freely about others, if these groups of people were not afforded protection they would be prevented from doing their jobs like making critical comments

Question 20

t f

Answer 20

F T F T F F F T F T