Questions and Answers of Administrative Law

True Or False Confinement for purposes of false imprisonment can be achieved by threats even if those threats consist of the defendant’s body language or are directed at someone other than the
True Or False A plaintiff is not required to subject themself or their property to harm in order to extricate themself from confinement.
True Or False To defend themself against a claim of false imprisonment, an officer must show that the arrest they made was lawful.
True Or False To defend themself against charges of false imprisonment by a customer detained for shoplifting, the merchant must show that there were reasonable grounds for the detention and that the
True Or False The right to detain someone suspected of shoplifting will be lost if the defendant is coerced into signing a confession or making payment or is publicly accused of shoplifting.
True Or False To hold a defendant liable for the tort of intentional infliction of emotional distress, a plaintiff must prove that the defendant wanted to bring about a particular consequence or knew
True Or False Insults and petty manipulations are often the basis for the tort of infliction of emotional distress.
True Or False A plaintiff’s peculiar characteristics may be taken into consideration in evaluating the defendant’s conduct for purposes of the tort of intentional infliction of emotional distress.
True Or False The courts are not at all uniform in their assessment of extreme and outrageous conduct.
True Or False The doctrine of transferred intent generally applies to the infliction of emotional distress.
True Or False If a defendant fails to commit the tort they intend to commit but ends up causing the plaintiff emotional distress, they cannot be held liable for the harmful effects of the emotional
True Or False A defendant is liable for the emotional distress suffered by a plaintiff only if they suffered some type of physical harm.
True Or False Common carriers and public utilities are held to a higher standard of care than the rest of the public for purposes of the tort of intentional infliction of emotional distress.
True Or False Trespass is a strict-liability tort.
True Or False Trespass does not occur if a defendant’s contact with the land is a result of a reasonable mistake.
True Or False A defendant is liable for allowing gases or particles to enter the plaintiff’s land or for setting off a blast that causes vibrations on the plaintiff’s land.
True Or False Landowners cannot necessarily sue for an invasion of their airspace.
True Or False If a defendant fails to remove something from the plaintiff’s property after permission to be on the property has ended, they are liable for trespass.
True Or False A defendant is liable for all consequences of a trespass as long as those consequences are predictable.
True Or False Recovery for trespass to chattels is allowed for the owner but not the possessor of property.
True Or False A viable defense to trespass to chattels is that the defendant mistakenly believed the property was theirs.
True Or False A defendant is not liable for trespass to chattels if there was no harm caused to the property.
True Or False With conversion the plaintiff can recover even if the defendant made an innocent mistake.
True Or False With both trespass to chattels and conversion, the defendant has a right to return the property to the plaintiff to mitigate their damages.
True Or False A defendant does not commit conversion if they mistakenly pick up the plaintiff’s phone and does not realize their mistake until two months later, at which time they return it.
True Or False In deciding whether a conversion has been committed, the only thing the courts consider is the extent and duration of the defendant’s control of the property.
True Or False Mistake is a defense to any intentional tort.
True Or False A plaintiff’s consent may be implied by their conduct.
True Or False A patient’s consent to treatment will be considered ineffective if the doctor fails to adequately inform them about the risks involved or the consequences that will definitely follow
True Or False To claim self-defense the defendant must show a threat of imminent or future harm.
True Or False When determining whether a defendant used a reasonable amount of force to protect themself, a subjective standard is used.
True Or False A defendant can use deadly force to protect themself in their home if they reasonably believe they are in imminent danger of death or serious bodily harm.
True Or False A defendant must retreat before using deadly force to protect themself when their home is invaded.
True Or False According to the Restatement, deadly force can be used to prevent any felony.
True Or False A defendant can use force to defend another even if they are mistaken about that person’s need for intervention as long as they reasonably believe that the person they are helping
True Or False Homeowners must post warnings for nonlethal devices but posting a warning for a deadly device will not absolve them of liability if someone is injured.
True Or False Property owners lose their privilege of using force to regain possession of property if they make a mistake.
True Or False Most courts do not allow a landlord to forcibly evict a tenant unless there is a provision in the lease allowing forcible entry and reasonable force is used.
True Or False If a defendant claims the privilege of necessity, they must pay for any damages they cause.
True Or False If a defendant has a right to claim the privilege of necessity, the plaintiff has no right to use reasonable force to prevent the defendant from exercising their privilege.
What are some of the purposes of tort law?
What is a tort?
How does the concept of reasonableness relate to tort law?
What role do public policy arguments and morality play in tort law?
What is a slippery-slope argument, and how does it affect court decisions?
How do each of the following relate to tort law?a. case lawb. statutes c. Restatement-Torts
What are the primary differences between tort law and criminal law?
What are the primary differences between tort law and contract law?
Describe the evolution of tort law. Identify blood feuds, moots, actions in trespass, and trespass on the case in the process.
Describe negligence and how it fits into the study of tort law.
Does strict liability require intent? Negligence?a. case lawb. statutesc. Restatement-Torts
True Or False Some perceive tort liability as a tax because it puts some people out of business, makes some products unaffordable, and hampers some governmental bodies in their delivery of services.
True Or False Those who believe in the expansion of tort liability believe that tort law should protect the interests of consumers.
True Or False Those who argue against the expansion of tort law believe that individuals should bear the consequences of their decisions, and that if we burden industry too much, new technological
True Or False A tort is an intentional act for which a victim receives damages.
True Or False The basic premise of tort law is that socially unreasonable conduct should be penalized.
True Or False Reasonableness balances the plaintiff’s need for protection against the defendant’s freedom to pursue their own ends.
True Or False Reasonableness does not depend on the perceptions of the individual determining reasonableness.
True Or False In some instances, a defendant can be held liable even if their conduct is reasonable.
True Or False Public policy arguments do not consider societal interests because the dispute at issue is between individuals.
True Or False Any blatantly immoral conduct is considered a tort.
True Or False Tort law is driven exclusively by case law.
True Or False The Restatement of the Law of Torts attempts to provide lawyers with black-letter principles.
True Or False Compensation is the only purpose of tort law.
True Or False In tort law the primary goal is to punish the tortfeasor and to deter others from the same conduct.
True Or False An admission of guilt cannot be used against a defendant in a subsequent civil trial but a plea of nolo contendere can.
True Or False It is harder to prove that a defendant is guilty of a crime than to prove that they are liable for a tort.
True Or False Tort duties sometimes correspond with contractual duties.
True Or False Trespass-on-the-case actions required proof of the defendant’s negligence or wrongful intent.
True Or False Negligence arose as a cause of action because of a concern that few could afford to travel under the trespass theory of tort law.
True Or False Torts that trace their heritage back to trespass on the case require no proof of actual damages.
True Or False Strict liability was evident in actions in trespass.
True Or False At the beginning of the twentieth century, tort law came to be viewed as a means of creating a just society and not just a means of resolving disputes.
True Or False Intent must be proved when suing based on either an intentional tort or negligence.
True Or False Negligence is the most common tort, whereas intentional torts are rarely encountered in practice.
True Or False Modern tort law breaks down torts into three categories which include intentional torts, negligence, and unintentional torts.
True Or False In a strict liability case, the plaintiff must prove intent on the part of the defendant.
_______________ _______________ arguments concern issues of fairness, equality, and justice.
A _______________ _______________ argument is used by a court when it is concerned that a decision for a sympathetic plaintiff may lead to innumerable individuals in similar situations seeking
A(n) _______________ is an offense against society, whereas a(n) _______________ is an offense against an individual.
In tort law the burden of proof is _______________ _______________ _______________.
The _______________ _______________ required a clan to go to war against any outsider who inflicted harm on a clan member. It was eventually replaced by a(n) _______________, in which a victim would
A tort that involves the pleading of vi et armis is a(n) _______________ _______________ _______________. A more restrictive tort that allows recovery in the absence of a showing of force is a(n)
__________________ torts require no intent or negligence.
Those who argue for the expansion of tort law believe thata. the burden of risk should be borne by those better able to afford it, such as manufacturers and providers of services.b. the law is too
The Restatement of the Law of Tortsa. has been adopted by all states.b. is frequently cited by the courts.c. is prepared by the courts.d. all of the above.
Tort law differs from criminal law in terms ofa. purpose.b. burden of proof.c. procedural rules.d. all of the above.
Contracts differ from torts in thata. the duties that exist in contract law are imposed by law.b. the duties that exist in tort law are imposed by law.c. in contract law duties are made to the public
In early Anglo-Saxon times,a. blood was offered to heal injured clan pride.b. there was great emphasis placed on issues of fault and blameworthiness.c. even remote causal connections were considered
Following the Norman Conquest,a. the dispute-resolution process fell to the royal justices of the king’s court.b. it was discovered that following local rules led to maximum efficiency in resolving
An action in trespassa. required a showing of force and arms.b. required a showing of fault.c. dealt with nonforcible breaches of peace.d. all of the above.
In a trespass on the casea. the plaintiff had to plead vi et armis.b. the plaintiff did not have to prove injury or damage.c. recovery was allowed in the absence of force or where injury was
What will an attorney generally do before initiating a complaint?
What are the four elements of a complaint?
What possible options does a defendant have in responding to a plaintiff’s complaint?
What is an affirmative defense and who can utilize them?
What is a cross-claim? A counterclaim?
What are the five basic discovery tools, and how are they used?
What is a disclosure statement, and how does it relate to the concept of mandatory disclosure?
Identify each of the following:a. motion to compelb. motion for a protective orderc. motion for summary judgmentd. motion in limine

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