Section I. TRUE/FALSE (Max. Points for Section = 10 Points). For each of the following statements, indicate (with a T or F) whether the statement is True or False. Each correct response is worth one (1) point. All work must be your own without assistance or input from anyone else. 1. _________. Governments and their officials acting in the scope of their public duties are generally immune from tort liability. 2. _________. A shopkeeper who reasonably suspects a person of theft may lawfully detain the suspect for a reasonable time without being guilty of false imprisonment. 3. _________. Generally, corporate employees acting intentionally and outside the scope of their employment without proper authority are liable individually and personally to third parties for their tortious acts committed in the course of their corporate employ. 4. _________. The law of Products Liability concerning defective products is generally understood to impose liability only on a product maker or manufacturer for failures to warn of known defects. 5. _________. The common law tort of Trespass is the foundation from which many of the torts studied in Chapter 8 are derived. 6. _________. The tort of assault requires an offensive and harmful touching of another. 7. _________. The concept of comparative negligence is a common law defense to a negligence action that permits a Defendant to avoid liability to a Plaintiff that substantially contributed to his/her own injuries and whose negligence is greater than any negligence of the Defendant. 8. _________. The tort of medical malpractice requires a Plaintiff to show a breach of the duty of the professional standard of care required by a reasonable and competent professional, such as a physician, and is in essence a particularized application of the tort of negligence. 9. _________. A Plaintiff struck suddenly from behind by his assailant may sue successfully for assault but not battery in order to recover damages for bodily injuries caused by the incident. 10. ________. A Defendant may successfully sue a Judge for Defamation if the Judge calls the Defendant a liar, bum and a scourge on society at the Defendants sentencing hearing for theft.

Section II. Short Answers. (Max. Points for Section = 22 Points). This Section contains eleven (11) questions that require Students to fill in the blank in order to complete the sentence correctly. Each correct response in this section is worth two (2) points. All work must be your own without assistance or input from anyone else. 1. At common law, the defense of _______________ negligence bars a plaintiff from recovering any damages against a Defendant(s) if the Plaintiff is found by a jury to be 51% or more negligent. 2. The tort of _______________________ requires that a person be held against his or her will and that there is no reasonable avenue of escape available. 3. The tort of ________________ requires an imminent threat of harm that causes a reasonable person to fear harm and is meant to protect the mental or emotional well-being of a person. 4. The statutory tort defense of ___________________ permits a judge to mold an award of damages to reflect the proportion or percentage of fault attributable to the Plaintiff and each of the Defendants found by a jury. 5. The type of damages, known as _______________, are typically awarded in a tort case in order to make the injured Plaintiff whole. 6. In a negligence case, the Plaintiff must prove that a Defendant owed Plaintiff a duty and breached it, that the Plaintiff suffered harm or injury and that the Defendants breach of duty was the ______________ cause of the Plaintiffs harm or injury. 7. The tort of ___________________________ requires proof that Defendants conduct was outrageous, beyond the bounds of human decency and that such conduct caused severe, emotional suffering to the Plaintiff as a result. 8. A jealous ex-boyfriend who stalks his former girlfriend, spies on her through her bedroom window to see if she is having sex with another guy and who harasses her with text messages after being told to stop may have committed the intentional tort known as ________________. 9. When Plaintiff voluntary proceeds to act in the face of an obvious or known danger and thereafter suffers foreseeable injury, the Defendant may successfully assert the defense of _____________________ in Plaintiffs negligence action for damages against the Defendant. 10. Three types of defects that may lead to strict liability in tort for a product seller are (1) manufacturing defects, (2) ___________ defects and (3) marketing or failure-to-warn defects. 11. In extraordinary tort actions involving egregious and outrageous conduct, a jury may award _____________ damages that are designed to punish a Defendant and make an example of him