Chapter 5

CIVIL LAW AND PROCEDURE

True or False?

1) Like a crime, a tort is considered to be a public wrong.

False

True or False?

2) One act by a defendant cannot be both a crime and a tort.

False

True or False?

3) Even children and insane persons may be held liable for their tortious conduct.

True

True or False?

4) Public figures, such as politicians or movie stars, give up much of their right to privacy when they enter the public domain.

True

True or False?

5) A second grade teacher who makes one of his students sit at his desk during recess has committed the tort of false imprisonment.

False

Multiple choice

6) Which of the following compels a witness to appear in court and testify?

a) A complaint b) A subpoena c) A service d) An indictment

b) A subpoena

7) A harmful or offensive touching is called a(n) a) assault b) Battery c) Defamation d) An invasion of privacy

b) Battery

8) In a jury trial, who decides issues of fact?

a) The defendant b) The judges of the appellate court c) The jury d) The trial judge

C) The jury

9) The most common tort is a) Assault b) Battery c) Invasion of privacy d) Negligence

d) Negligence

10) The party complained against in a civil case is Plaintiff b) Dependent c) Respondent d) None of the above

D) None of the above

Competition

11) Duty requires that we act with the care, prudence, and good judgment of a reasonable person so as not to cause ________ to others.

injury

12) A threat of an unwanted sexual touching would be classified as the tort of __________.

Assault

13) After Nancy and Sue vandalize a neighborhood grocery store, the grocery store owner files against the girl’s parents claiming that the girls’ parents are liable for their children committed. The type of liability that the girls’ parents are said to have is known as ______ liability.

Vicarious

14) Ana is an up and coming actress who just signed a contract to perform for a major network’s popular soap opera. Now that Ana has stepped into the public domain, she has greatly reduced the scope of her right of ___________.

Privacy

15) Brighton Snubbery caught his next door neighbor on videotape dumping her garbage over the fence onto his property. Brighton may sue the neighbor for ________ to his land.

Trespass