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In a torts case,


A) the goal is compensation for the victim.
B) the burden of proof is beyond reasonable doubt.
C) the victim harmed is society.
D) the rules of evidence followed are criminal rules.

E) B) and C)
F) A) and C)

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Which of the following is an element of battery but not an element of assault?


A) Fear or apprehension
B) Consent
C) Physical contact
D) No physical contact

E) B) and C)
F) A) and D)

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The Emergency Medical Treatment and Active Labor Act only covers hospitals that participate in Medicare.

A) True
B) False

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Occasional teasing constitutes a hostile work environment.

A) True
B) False

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In battery cases, whether physical contact is considered offensive is judged by


A) trier-of-fact.
B) the reasonable person standard.
C) clear and convincing evidence that duty was breached.
D) a preponderance of the evidence that intent was malicious.

E) C) and D)
F) B) and D)

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False imprisonment occurs even if the tortfeasor did not intend to confine the victim.

A) True
B) False

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Transferred intent is an element of which of the following intentional torts?


A) Assault
B) Intentional infliction of emotional distress
C) Battery
D) None of these choices.

E) A) and B)
F) A) and C)

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The goal of criminal prosecution is to get monetary compensation for the victim.

A) True
B) False

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Which of the following is not an element of tortious interference with reasonable expectations of inheritance?


A) A person has an expectation that he or she will receive an inheritance.
B) A third party unintentionally interferes with the expectation.
C) It is reasonably certain that without the interference, the inheritance would have been received.
D) There are damages as a result.

E) All of the above
F) B) and C)

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There are far more _____ cases than _____ cases.


A) intentional tort; negligence
B) intentional tort; harassment
C) negligence; intentional tort
D) tortious interference; negligence

E) A) and B)
F) All of the above

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Transferred intent


A) protects people from misdirected physical contact.
B) is a legal fiction.
C) holds the tortfeasor responsible for consequences of his or her actions even though the tortfeasor did not intend to hit the third person involved.
D) All of these choices.

E) B) and C)
F) A) and D)

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No actual touching is needed for a battery.

A) True
B) False

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Theo threw a snowball at Jamal but it hit Tessa instead. Theo has committed a battery against Jamal.

A) True
B) False

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Which of the following is not an example of confinement, an element of false imprisonment?


A) Locking the victim in a room with one door and no windows.
B) Placing armed guards outside the victim's apartment while the victim is asleep.
C) Posting a sign outside a store's shoplifter detention area reading, "WARNING! ATTACK DOGS AWAIT OUTSIDE THIS ROOM!"
D) Placing the victim in the back seat of an automobile, with all doors unlocked, driving at 75 mph on the interstate.

E) B) and C)
F) All of the above

Correct Answer

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For reckless infliction of emotional distress, intent is not essential.

A) True
B) False

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