of a struggle, accidentally shot the man who owed the money. The man who was shot sued for battery. A court is likely to hold that the man with the gun: Select one: a. did not commit a tort because he was drunk when the shooting happened, so did not have the necessary state of mind b. did not commit battery because the shooting was an accident; he only intended to threaten the man, which may be assault, but he did not intend to shoot him c. committed the tort of battery because he intended to invade Nelson's well-being d. acted in self-defense once the struggle began, so was not responsible for the accidental shooting As a general rule, any defense to an intentional tort is also available in a negligence action. Select one: a. True b. False If the causal relationship between the defendant's act and the resulting harm is broken by an intervening act, there is an approximate cause. Select one: a. True b. False A nightclub failed to install the proper number fire escape ladders. A fire in the men's bathroom kills a man trapped in there. The failure to have the legally required number of fire escapes is legally the cause in fact of the legal injury suffered. Select one: a. True b. False
1/9/2020 Exam 2 3/5 Question 13 Not yet answered Marked out of 1.00 Question 14 Not yet answered Marked out of 1.00 Question 15 Not yet answered Marked out of 1.00 Question 16 Not yet answered Marked out of 1.00 Question 17 Not yet answered Marked out of 1.00 Suppose someone uses an Internet server, such as AOL, to send a message to others that is defamatory. The person injured by the defamation has a good case against: Select one: a. the sender and AOL b. the sender but not AOL unless AOL was aware of the activity and did not halt it c. the sender but not AOL under any circumstances d. neither party; defamation actions from Internet transmissions are shielded by federal law Negligence torts differ from intentional torts in that: Select one: a. the government is the prosecutor in negligence torts b. the victim does not receive compensation in a negligence tort case c. in negligence the harmful results of a person's conduct are not intentional d. intentional torts are also felonies Which of the following is unlikely to be classified an intentional tort: Select one: a. running at a stranger while waving an iron pipe at them b. getting smashed in the face by a baseball at a baseball game
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- Spring '20
- Common Law, d., A., B.