chapter the law of torts -...

Student Class Instructor

Date Assigned Date Completed

CHAPTER4 The Law ofTorts

Revievving Legal Terms

DIRECTIONS: Fill in the blank with the correct vocabulary term.

assaultbatterydefamation

intentional tort

negligencenUisance

proximate causestrict liabilitytort

trespassultrahazardous

Answer

1. Interference with another's enjoyment of life or property is known as 1.

2. A wrongful act that injures another's reputation with false statements is 2.known as

3. The failure to exercise the degree of care that a reasonable person would 3.exercise that results in the proximate cause of actual harm to an innocentperson is known as

4. The tort that results when one person deliberately frightens another person 4.into the reasonable belief that he or she is about to be injured is known as

5. Responsibilityto answerfor harmthat resultsfroman ultrahazardous 5.activityis knownas

6. A wrong that .occurs when a person knows and desires the consequences 6.of his or her act is known as

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~ 7. One's interference with the rights of another is known as 7.u~§ 8. Wrongfulinjuryto or interferencein the rightsof anotheris knownas 8.CDa@E

.~ 9. Theunlawful,unprivilegedtouchingof anotherpersonis knownas 9.ou

10. The link between unreasonable conduct and an injury in a negligence suit 10.is known as

Understanding Business and Personal Law · Student Activity Workbook · Chapter 4 25



CHAPTER4 The LawofTorts

You're theJudge

DIRECTIONS: For each of thefollowing cases, circle Yes or No to indicate your decision. Then, inyour own words, state the legalprinciple or legal reason that applies in the case.

1. Milton Taylor pointed a gun at Jane Tate and said to her, "I hate you and I'mgoing to shoot you!" Tate left. Taylor claims that he did not commit a tortbecause he didn't shoot Tate. Is he correct?

Legal Principle:

2. Edmund Mann entered a vacant house without the permission of the owner,Donald Subich. Mann was caught by Subich who claimed he had the right tobring a lawsuit against Mann for trespassing. Mann argues that he did nottrespass, because there was no injury to Subich's property. Is Mann correct?

Legal Principle:

3. Peter Kiezulas negligently drove his speedboat into a group of swimmers.The swimmers, however, were in a place that they were not supposed tobe. The jury found that Kiezulas was negligent and assessed damages at$50,000. However, it also found that the swimmers were 20 percent negligentin contributing to their own injuries. Under comparative negligence guide-lines, do the swimmers recover any of the damages awarded by the court?

Legal Principle:

4. Jamey Wieninger wanted to remove some tree stumps on his property. Hewas careful in setting the explosive charges. Nevertheless, some of the debrisfrom the explosion damaged Harry Loman's car. Will Wieninger have toreimburse Loman?

Legal Principle:

26 Understanding Business and Personal Law · Student Activity Workbook · Chapter 4

Answer

1. Yes No

2. Yes No

3. Yes No

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4. Yes No ~<.>'"Q)[email protected]'~o()




UnderstandingLegal Concepts

DIRECTIONS:Answer thefollowing questions and explain each of your answers.

1. What is the primary purpose of tort law? Explain your answer.

2. Tort law governs the interplay between what two legal concepts?

3. Identify the two ways in which torts can be classified.

4. What is the difference between assault and battery?

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.~ 5. Identifythe twocategoriesof defamation.Explainthe differencebetweenthese twoformsof8 defamation.


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UnderstandingLegal Co'ncepts (continued)

6. Explain the tort of invasion of privacy naming the two types of interference included withinthat tort.

7. What types of individuals must use the actual malice test in a defamation lawsuit? Explain.

8. Explain how a person can commit a breach of duty to another person in a negligence action.

9. Since the reasonabl~ person test is an objective test, what phrases must the judge avoid in his orher jury instructions?

10. What is an ultrahazardous activity? Give three examples of ultrahazardous activities.

28 Understanding Business and Personal Law ·Student Activity Workbook · Chapter 4




Legal Activity 1: The Case of the Resentful Rock Star

SCANS COMPETENCIES ACHIEVED

Creative Thinking, Problem Solving, Reasoning, Acquiring and Evaluating Information

OBJECTIVE: To learn what constitutes an act of malice.

The Dead Give Aways was the name of a rock group that had recently won several entertainmentawards for their latest music video. On the day after the presentation of their most recent award, astory appeared in the YellowstoneFree Press that reported that the lead vocalist, Ursula Iafigliano,had been involved in a fistfight backstage after the ceremonies. The story was completely untrue.Ursula has decided to bring a defamation lawsuit against the YellowstoneFree Press. She believesthat her case will not be judged by using the actual malice test because the story was clearly untrue.Is she correct? Explain your answer.

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UnderstandingBusinessand PersonalLaw·Student ActivityWorkbook · Chapter4 29




Legal Activity 2: Working vvith Legal Issues

SCANSCOMPETENCIESACHIEVED

CreativeThinking,ProblemSolving,Reasoning,Acquiringand EvaluatingInformation

OBJECTIVE: To learn how defamation applies to different public figures.

Page through the daily paper in your hometown and find a news story about a public figure or apublic official that appears to be damaging to that person's reputation. On a separate sheet of paper,in 200 to 300 words, explain what that public figure or public official would have to prove to suc-ceed in a defamation lawsuit. Then, using the same paper, make a list of the stories that you feelfocus on what the law calls temporary public figures. In another 200 to 300 words, explain whetheryou feel that it is fair to make these temporary public figures follow the same defamation standardas the permanent public figures.

30 Understanding Business and Personal Law · Student Activity Workbook · Chapter4

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La\N Online

Assault and BatteryIn some states, an assault is combined with battery as a single crime. In other states, assaultand battery are separate crimes. If you are the victim of assault, there are many resources availableto you.

DIRECTIONS: Using the Internet, find victim service organizations in your state. Fill in the tablebelow.

Critical Thinking Questions1. Why is it essential for victims of assault and battery, as well as other violent crimes, to seek

counseling?

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~ 2. If you knew someone who was the victim of assault, what services would you suggest to help~

~ that person?Q;ouc:Q)[email protected]>.~

8" 3. Do you think all individuals who commit crimes of assault and battery should be prosecuted?Why or why not?


List the Web site names and

addresses.

List the services that are available.

,List the location and the contact

information.

List employment opportunitieswith the organization.




Self-Assessment Quiz

DIRECTIONS: Circle the letter of the choice that best completes the statement or answers thequestion.

1. One's interference with the rights of another is known as (A) tort (B) transgression (C) crime(D) breach.

2. A wrongful injury to or interference with the property of another is known as (A) nuisance(B) trespass (C) defamation (D) invasion of privacy.

3. Anything that interferes with the enjoyment of property or life is (A) nuisance (B) trespass(C) defamation (D) invasion of privacy.

4. A wrongful act that injures another's reputation by making false statements is called(A) nuisance (B) trespass (C) defamation (D) invasion of privacy.

5. A violation of a person's right to be left alone is known as (A) nuisance (B) trespass(C) defamation (D) invasion of privacy.

6. The unlawful, unprivileged touching of another human being is (A) murder (B) assault(C) battery (D) kidnapping.

7. A suit for negligence must prove four elements: duty of care, breach of duty, proximate cause,and (A) actual harm (B) defamation (C) the existence of a crime (D) unfair advantage.

8. Defenses to negligepce include contributory negligence, comparative negligence, and(A) entrapment (B) self-defense (C) insanity (D) assumption of risk.

9. According to the doctrine of strict liability, people who engage in ultrahazardous activitieswill be held liable for any injury or damage that occurs because of that activity, regardless of(A) intent (B) care (C) both (D) neither.

10. In recent years the doctrine of strict liability has been applied to (A) negligence (B) defamation(C) product liability (D) trespass.

32 Understanding Business and Personal Law · StudentActivityWorkbook· Chapter 4

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