WorksheetsIntentional Torts - Take Home - Fall 2025
Total questions: 53
Worksheet time: 27mins
Name
Class
Date
1.
When the defendant is a child or is mentally impaired, which two of these does the plaintiff have to prove in a battery case:
a)
The defendant intended the contact
b)
The defendant intended to cause some offensive or harmful consequence
c)
The defendant intended the harm that actually results
d)
The defendant intended to act like a child
2.
In most battery cases, which of these does the plaintiff have to prove in a battery case:
a)
The defendant intended the contact
b)
The defendant caused contact
c)
The defendant intended the harm that actually results
d)
The defendant intended to act like a child
3.
Which two of these are elements of a battery claim:
a)
Defendant intended offensive or harmful contact
b)
Defendant caused offensive or harmful contact
c)
Reasonable belief that force was needed
d)
The force used was reasonable
e)
Self defense isn't available if the defendant could have ran away instead of fighting
4.
Which two of these are required for self defense:
a)
Defendant intended offensive or harmful contact
b)
Defendant caused offensive or harmful contact
c)
Both of these
d)
Neither of these
5.
Which of these is the Duty to Retreat Rule :
a)
Self defense isn't available if the defendant could have ran away instead of fighting
b)
Defendant intended offensive or harmful contact
c)
Defendant caused offensive or harmful contact
d)
Reasonable belief that force was needed
e)
The force used was reasonable
6.
Which of these is the Stand Your Ground Rule :
a)
Self defense is available even if the defendant could have ran away instead of fighting
b)
Defendant intended offensive or harmful contact
c)
Defendant caused offensive or harmful contact
d)
Reasonable belief that force was needed
e)
The force used was reasonable
7.
Which two of these are required to win an assault claim:
a)
The apprehension must be reasonable
b)
The apprehension must be about imminent harmful or offensive contact
c)
Defendant intended offensive or harmful contact
d)
Defendant caused offensive or harmful contact
e)
Reasonable belief that force was needed
8.
Which of these is required to support a claim for battery:
a)
Contact that is harmful
b)
Contact that is offensive
c)
Either of these
d)
Both of these
9.
True or False. In a battery case, the test to determine whether contact is "offensive" is whether the plaintiff believes it is offensive.
a)
True
b)
False
10.
True or False. In a battery case, the test to determine whether contact is "offensive" is whether the defendant believes it is offensive.
a)
True
b)
False
11.
True or False. In most states, if you are in your house when someone breaks in, you have to try to run away.
a)
True
b)
False
12.
True or False. In states with stand your ground laws, self defense is a defense even if defendant used more force than was reasonably necessary.
a)
True
b)
False
13.
True or False. An assault claim requires that the plaintiff fear harmful or offensive contact.
a)
True
b)
False
14.
False confinement can happen if:
a)
the defendant uses physical force to keep the plaintiff from leaving
b)
the defendant threatens to hurt the plaintiff if they try to leave
c)
the "fear of personal difficulty" keeps the plaintiff from leaving
d)
none of these
e)
any of these
15.
True or False: It is a trespass if you are invited to a party, but then refuse to leave when asked.
a)
True
b)
False
16.
When does the statute of limitations begin to run for pollution that migrates to neighboring properties:
a)
Not unitl contamination stops entering plaintiff's land.
b)
Once the defendant stops contaminating groundwater.
c)
Once the first contamination enters plaintiff's land.
d)
Once the defendant starts contaminating groundwater.
17.
This type of defamation is spoken:
a)
libel
b)
slander
c)
both of these
d)
neither of these
18.
True or False. Some statements are so slanderous that damages are assumed - the plaintiff doesn't need to prove damages. This is called slander per se.
a)
True
b)
False
19.
Which of these is NOT required for a statement to be defamatory against someone who is NOT a public figure:
a)
The statement is false
b)
The statement is published and causes damage
c)
The statement causes damage
d)
The defendant knows the statement is false
20.
If the defendant does not know that the statement was false, then there is no _____.
a)
Publication
b)
False statement
c)
Damage to Plaintiff's reputation
d)
Malice
21.
Which of these is the plaintiff not required to prove, if the plaintiff is not a public figure:
a)
Publication
b)
False statement
c)
Damage to Plaintiff's reputation
d)
Malice
22.
Which of these is the plaintiff required to prove, if the plaintiff is a public figure:
a)
Publication
b)
False statement
c)
Damage to Plaintiff's reputation
d)
Malice
23.
If the defendant only makes the untrue statement to the plaintiff, then there is no _____.
a)
Publication
b)
False statement
c)
Damage to Plaintiff's reputation
d)
Malice
24.
To protect the First Amendment right to free speech, the plaintiff can't recover for defamation unless they can prove:
a)
Publication
b)
False statement
c)
Damage to Plaintiff's reputation
d)
Malice
25.
If the defendant gets the plaintiff fired from their job by spreading rumors that the plaintiff drinks on the job, and the plaintiff in fact does drink on the job, the plaintiff can't recover because they can't prove:
a)
Publication
b)
False statement
c)
Damage to Plaintiff's reputation
26.
If the defendant's false statement causes the same damage that a true statement, ______.
a)
Under the substantial truth doctrine, the plaintiff can recover for damage to her reputation.
b)
Under the substantial truth doctrine, the plaintiff cannot recover for damage to her reputation.
c)
Under the First Amendment right to free speech, the plaintiff can recover for damage to her reputation.
d)
Under the First Amendment right to free speech, the plaintiff cannot recover for damage to her reputation.
27.
True or False. Saying mean things to the plaintiff is defamation.
a)
True
b)
False
28.
True or False. A statement of opinion can never be slander or libel.
a)
True
b)
False
29.
Under the "continuous trespass" doctrine, the statute of limitations for groundwater contamination begins to run:
a)
When the defendant starts polluting the groundwater under their property
b)
When the defendant stops polluting the groundwater under their property
c)
When the defendant starts polluting the groundwater under the plaintiff's property
d)
When the defendant stops polluting the groundwater under the plaintiff's property
30.
True or False. Under the "continuous trespass" doctrine, the statute of limitations for groundwater contamination begins to run when the defendant stops polluting the groundwater under their property.
a)
True
b)
False
31.
True or False. A statement of opinion normally can not be slander or libel.
a)
True
b)
False
32.
A defamation claim can be based on a statement of opinion, if_______.
a)
the statement implies an untrue statement of fact.
b)
the statement implies a true statement of fact.
c)
the statement is made directly to the plaintiff.
d)
None of these. Everyone has a right to express their opinion.
33.
True or False. Parents are normally liable for damages caused by their children’s negligent acts.
a)
True
b)
False
34.
True or False. Parents are never liable for damages caused by their children’s negligent acts.
a)
True
b)
False
35.
Parents are liable for torts that their children commit, if ______.
a)
The child committed an intentional tort and intended to harm the plaintiff or the plaintiff's property.
b)
The child was doing something that normally only adults do.
c)
Parents are always liable for torts that their children commit.
d)
Parents are never liable for torts that their children commit.
36.
Parents are liable for torts that their children commit, if ______.
a)
The parents' negligent supervision caused the tort to happen.
b)
The child was doing something that normally only adults do.
c)
Parents are always liable for torts that their children commit.
d)
Parents are never liable for torts that their children commit.
37.
True or False. In a defamation claim, a statement is not considered false if it had the same effect on the mind of the reader that a true statement would have had.
a)
True
b)
False
38.
True or False. Parents can be liable for damages caused by their children’s negligent acts, if the parents negligently supervise their children.
a)
True
b)
False
39.
True or False. Plaintiffs can't recover for defamation unless they can prove the defamation made them lose money.
a)
True
b)
False
40.
Plaintiffs can't recover for defamation unless they can prove the defamation made them lose money. The reason for this is:
a)
We want to protect the first amendment rights of the plaintiff
b)
We want to protect the first amendment rights of the defendant
c)
We want to protect the plaintiff's rights under Section 1983
d)
We want to protect the defendant's rights under Section 1983
41.
[Charlotte] When a defendant is mentally handicapped, the plaintiff in a battery case must prove that the defendant intended a harmful or offensive consequence.
a)
True
b)
False
42.
[JACKSON] True or False. Saying mean and untrue things to the plaintiff is defamation.
a)
True
b)
False
43.
[Aurora] T/F: The defendant wanted an objective reasonable person rule in Coblyn v. Kennedy's Inc.
a)
True
b)
False
44.
(JULIE) You can trespass if you...
a)
a.) Are on someone's property without permission
b)
b.) Are allowed on property but then asked to leave and you stay
c)
c.) Have your item(s) go on someone else's property
d)
d.) All of the above
45.
[Madison] True or false? Stand your ground laws give people free reign to use force if they feel threatened.
a)
True
b)
False
46.
[SIENNA] T/F: The two rationales for public figures being required to prove "actual malice" are the figures greater opportunity to rebut on social media and that people are public figures voluntarily, which invites attention.
a)
True
b)
False
47.
[Nick] T/F: The defendant’s subjective state of mind is relevant but not conclusive for negligence claims.
a)
True
b)
False
48.
[Aven] True or False. Police can confine someone if they act in good faith and reasonably believe that the person has committed a crime, or if they are enforcing an arrest warrant that they reasonably believe is valid.
a)
True
b)
False
49.
(Jolyn) In a battery case, contact is only harmful if it would harm a reasonable person.
a)
Yes
b)
No
c)
Maybe
50.
[Casey]
T/F In most battery cases, it is the defendant’s result that must be intentional, not the defendant's conduct.
a)
True
b)
False
51.
[Marcos]
T/F The ongoing migration of chemicals onto private property still counts as trespassing and a nuisance, even if the source of the contamination has stopped.
a)
True
b)
False
52.
[SALENE] True or False. IN defamation cases, a partial truth is NOT considered false unless it causes the plaintiff greater injuries than the truth would have caused.
a)
True
b)
False
53.
[A'yana] True or False? Conditioning a threat of harm on the occurrence or non-occurrence of a future event means that the harmful consequences threatened are not imminent.
a)
True
b)
False
100 %
