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(Solved) PL 107 – Midterm Exam (Torts – Personal Injury, Accident and Medical Malpractice Law)

Get the graded answers to the Midterm Exam for the Torts Law Course (PL107) from the New York Paralegal School.

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Question

1. When considering whether a civil assault has been committed, a person may have various motives, but what is relevant is their intent?
   1. True
   2. False

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2. Judicial proceedings generally are deemed to start when the complaint is filed and, hence, defamations in the complaint or any document filed in conjunction therewith are absolutely privileged?
   1. True
   2. False

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3. Under the common law, the driver of an automobile does not owe his passengers a duty to exercise reasonable care to warn of any known dangers or defective conditions that are not reasonably apparent, and to exercise reasonable care in opening the car?
   1. True
   2. False

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4. The tort of conversion of chattels requires an intentional act by D?
   1. True
   2. False

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5. Under the theory of negligence, the issue is not what D personally believed, but how a “reasonable person of ordinary caution and care” would have acted under the circumstances.
   1. True
   2. False

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6. A person is not privileged to defame another if he reasonably believes his utterances are necessary to protect a legitimate public interest, and that the person to whom the statement is made is empowered to protect that interest.
   1. False
   2. True

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7. Defamations regarding public figures and officials are held to be privileged constitutionally, unless published with knowledge of their falsity or in reckless disregard of the truth (“malice”)?
   1. True
   2. False

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8. Publication is not an essential element of defamation?
   1. True
   2. False

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9. Words alone generally are not enough to constitute an assault?
   1. True
   2. False

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10. A person under a disability is charged with knowledge that he has such disability, and may be found negligent for engaging in any activity that a reasonable person with the same disability would not have attempted?
    1. True
    2. False

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11. The elements of negligence are: an act by the Defendant, a duty owed to P, a breach of that duty, causing damages?
    1. True
    2. False

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12. If P would have sustained the same injury regardless of D’s act, the act is not the cause in fact of the injury, and D will not be liable to P?
    1. True
    2. False

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13. Punitive damages are not recoverable for negligent conduct unless D has engaged inconduct that courts consider “reckless.”
    1. True
    2. False

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14. The Court in Palsgraf v. Long Island Railroad Co held (ruled) that a defendant owes a duty of care only to those who are in the reasonably foreseeable zone of danger?
    1. True
    2. False

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15. Punitive damages are not recoverable for negligent conduct unless D has engaged in conduct that courts considercareless”? X
    1. True
    2. False

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16. The doctrine of “transferred intent” applies where D intends to commit a tort against a person but, instead, commits that tort, or a different tort, upon another person?
    1. True
    2. False

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17. When it comes to assault, D’s acts must have been the proximate cause of P’s apprehension?
    1. True
    2. False

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18. What is reasonable conduct to a reasonable person is decided by the trier of fact, and always depends upon proof of the circumstances that existed at the time of D’s conduct?
    1. True
    2. False

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19. D hired two men to shadow P continually. The shadowing in public was tantamount to a verbal communication and potentially just as harmful (suggesting that P was involved in illegal activities), hence, a defamatory publication?
    1. True
    2. False

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20. Slander usually is an oral defamation, i.e., representatives to the ear. The principal characteristics is that the defamation is in a less permanent and less physical form?
    1. True
    2. False

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21. Where there is a republication of the defamation, the original defamer’s liability is not increased by whatever harm the repetition causes if the republication was either: intended by the original defamer, or reasonably foreseeable?
    1. True
    2. False

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22. In addition to showing that D’s conduct was the cause in fact of P’s injuries, P also must establish that such conduct was the proximate cause of the injuries?
    1. True
    2. False

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23. False imprisonment requires that D must haveacted with the intent to so confine or restrain P or some third person?
    1. True
    2. False

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24. Anyone who has any part in the original publication is treated as an original publisher and, therefore, is liable for the defamation, subject to constitutional limitations. For example, in the case of a defamation appearing in a newspaper, this would include the reporter who writes the defamatory story, the editor, and the owner.
    1. True
    2. False

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25. Under negligence theory, those who are in the class of persons owed the duty of reasonable care is determined by the test of foreseeability?
    1. True
    2. False

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26. The tort of battery does not require a harmful or offensive touching of P by D?
    1. True
    2. False

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27. Truth of the defamatory matter is a complete defense, even if the publication was made out of pure spite and even if D didn’t not believe the statement was true at the time he made it.
    1. True
    2. False

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28. A parent, or anyone else having care or custody of a child, is liable for injuries caused by the child where the parent himself was negligent for failing to control the acts of the child committed in the parent’s presence
    1. True
    2. False

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29. An actor or politician, has no right of privacy concerning reports of his public activities and appearances since these have not been kept private?
    1. True
    2. False

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30. Consent is not a defense to an intentional tort?
    1. True
    2. False

Solutions

My Solutions Pack contains 20 more questions in addition to the ones above on the PL107 Midterm Exam.

The Solutions include the question and graded answers from the New York Paralegal School.

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