In a fit of anger, Rachel threw her tort law textbook at Frank. Rachel has bad aim and missed Frank, who ducked out of the way of the large, hurling book. Flying past Frank, the book hit Kevin in the back the head because Kevin was looking the other way and never saw it coming. Which of the following is a true statement?
a. Rachel has not committed a tort because she did not intend to hurt Kevin.
b. Rachel has not committed a tort because the book missed Frank, who she intended to hit.
c. Rachel committed the tort of battery against Frank.
d. Rachel committed the tort of battery against Kevin.
Q. 2Georgia has a statute of limitations governing actions for conversion. Which of the following statements is true?
a. The statute of limitations sets forth who can sue for conversion.
b. The statute of limitations sets forth who can be sued for conversion.
c. The statute of limitations sets a time limit during which a person may sue for conversion, and the claim is barred if it is brought later.
d. The statute of limitations limits the amount of damages that can be recovered in an action for conversion.
Q. 3While ordering dinner at Pan Soup and Bread Company, Justine feels a tug at her purse. Looking down, Justine sees a man pulling her wallet out of her purse. Justine smacks the man across the head with her open fist. The man drops Justine's wallet and runs away. Which of the following statements is true?
a. Justine committed the tort of battery against the man.
b. Justine committed the tort of assault against the man.
c. Justine's actions were privileged self-defense.
d. Justine's actions were privileged defense of property.
Q. 4The Federalist ________ written by James Madison, Alexander Hamilton, and John Jay, are a series of eighty-five articles under the pseudonym Publius making forceful arguments in support of the Constitution.
Fill in the blank(s) with correct word
Q. 5Lizzy uses a stranger's car, without permission, to rush her son to the hospital in a medical emergency. Which of the following statements is true?
a. Lizzy has committed the tort of trespass to land.
b. Lizzy has committed the tort of trespass to chattels.
c. Lizzy has committed the tort of conversion.
d. Lizzy's conduct may be privileged, as a necessity.
Q. 6Daniel is picking a fight with Gerald. Gerald tries his best to ignore Daniel, but without much success. Taylor, a stranger to Gerald, observes the situation from across the street. When it appears that Daniel is about to shove Gerald, Taylor rushes toward Daniel, punches him in the stomach, and causes Daniel to double over in pain. Gerald thanks Taylor and runs away. Which of the following is a true statement?
a. Daniel committed the tort of battery against Gerald.
b. Taylor committed the tort of battery against Daniel.
c. Taylor's actions were privileged defense of others.
d. Taylor's actions were not privileged because Gerald and Taylor were strangers.
Q. 7Which of the following is not required to successfully assert the defense of recapture of chattels?
a. That the force used to recapture the property be reasonable.
b. That the rightful owner was wrongfully dispossessed of the property.
c. That the privilege was asserted very close in time to when the wrongful dispossession occurred.
d. All the above are requirements.
Q. 8The higher the court is, the more likely it is that its decisions will be published.
Indicate whether the statement is true or false
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