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Exam 7: Tort Law

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Question 1

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Using dynamite in which people are injured is an example of an abnormally dangerous activity.

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Question 2

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If a worker is injured due to the tort of someone other than the employer, the worker can bring a tort action against the tortfeasor and the tortfeasor is referred to as a _______.

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Question 3

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Activities that give rise to strict liability are:

Match the type of intentional tort listed to its description.

Filing an unjustified criminal complaint against an individual leads to the tort of: a. negligence. b. civil-rights violation. c. malicious prosecution. d. slander per se. e. fraud.

Intentional infliction of emotion distress causes:

An intentional tort is one in which the party committing the tort intends to do the act knowing it will cause serious injury.

The law will not allow a person to escape liability for dangerous activities by simply:

Negligence requires proof of both actual cause and proximate cause.

The doctrine of ______ of the risk provides that people who knowingly and voluntarily agree to assume a particular risk cannot later sue for injuries that occurred because of the risk.

Which government agency created in the early 1970s works to protect health and safeguard the natural environment and sets and enforces national standards that must be met by businesses that impact the environment?

Explain the difference between assault and battery.

A tortfeasor is the injured person.

Defamation involves the unprivileged publication of a factual statement that is untrue and injurious or defamatory to a person's reputation.

The doctrine of assumption of the risk provides that people who knowingly and voluntarily agree to assume a particular risk cannot later sue for injuries that occurred because of the risk.

Negligence is the failure to act as a reasonably prudent person would act under similar circumstances.

In a split 8-1 decision, the U.S. Supreme Court held in Snyder v. Phelps, 131 S. Ct. 1207 (2011) that the First Amendment protects protesters at a funeral from liability for intentionally inflicting emotional distress on the family of the deceased. The family of deceased Marine Lance Cpl. Matthew Snyder filed a lawsuit against members of the Westboro Baptist Church who picketed at his funeral. The family accused the church and its founders of defamation, invasion of privacy and the intentional infliction of emotional distress for displaying signs. Do you agree with the court's holding or with the dissent written by Justice Alito? Explain your position.

Punitive damages are always recovered in negligence cases.

Negligence involves failing to act as a reasonable prudent person would act in the same or similar circumstances

Under strict liability in tort, product liability requires a ______ product.