Business Law 7.0

Question 1

3 objectives of our U.S. tort system

Answer 1

provide compensation to victims
prevent future harms and losses
require the wrongdoer to provide compensation to the victim

Question 2

For any action to be a tort, it must meet ALL of the following criteria

Answer 2

Duty - obligation (ethical or legal)
Breach
Causation
Damages

Question 3

if the duty aspect of a tort is missing, the victim will still receive compensation

Answer 3

false, duty must be included in the criteria in order for it to be considered a tort

Question 4

punitive damages

Answer 4

extra damages, over and above compensatory damages, awarded against the wrongdoer for their wicked and reprehensible conduct (graduation example)

Question 5

punitive damages also include what:

Answer 5

additional money from the wrongdoer to the victim

Question 6

true or false, punitive damages are awarded in contract cases

Answer 6

false, punitive damages are only allowed to be awarded in tort cases

Question 7

battery

Answer 7

intentional harmful or offensive bodily contact (workplace handshake example)

Question 8

assault

Answer 8

conduct that places someone in imminent fear of a battery

Question 9

if i swing and hit you in the face and you duck is it assault, battery, or both

Answer 9

assault only, because you saw the punch coming which allowed you to duck and therefore, no contact was made

Question 10

if i swang and punched you in the back of the head while you were walking down the street is that battery, assault, or both

Answer 10

both because you harmed me with the intent to harm me, and i was not aware that you were about to harm me because you came up behind me

Question 11

battery translation

Answer 11

contact

Question 12

assault translation

Answer 12

intent or attempt

Question 13

is assault and battery criminal or civil cases

Answer 13

all are civil

Question 14

false imprisonment

Answer 14

confining someone against their will and they are either harmed by it or aware of it

Question 15

false in false imprisonment does not mean untrue… it means

Answer 15

bad

Question 16

in “false imprisonment” does the person actually get put in jail or prison, or cell

Answer 16

no; just confinement

Question 17

infliction of emotional distress

Answer 17

no definition

Question 18

what must a victim show in order to be inflicting emotional distress

Answer 18

symptomatology

Question 19

what are examples of symptomatology

Answer 19

anxiety
fatigue
muscle tension or pain
insomnia
weight loss/weight gain

Question 20

defamation

Answer 20

false and bad statement about someone to a third party

Question 21

defamation has to be ____ and not _____

Answer 21

has to be a false statement of fact and not of opinion

Question 22

libel

Answer 22

written defamation

Question 23

slander

Answer 23

spoken and verbal

Question 24

good faith of repeating false information can be what

Answer 24

liable for defamation

Question 25

who may defamation be different for

Answer 25

celebrities and public figures

Question 26

invasion of privacy can be:

Answer 26

misusing a persons name or likeness
intruding onto a seclusion of another
unreasonable public disclosure of private facts

Question 27

trespassing is considered what:

Answer 27

entering a property without permission
remaining on a property after permission has expired
failing to remove something from someone’s property that you are legally obligated to remove

Question 28

nuisance

Answer 28

similar to trespassing, but involving things such as leaving odors, noise, and trash, etc.