MN Bar Torts 2

Question 1

Which element distinguishes the intentional tort of battery from the intentional tort of assault?

Accepted Answer

Battery requires actual harmful or offensive contact; assault requires only apprehension of imminent contact

Answer

Battery requires specific intent to injure; assault requires only a voluntary act

Answer

Assault requires physical contact; battery requires only the threat of contact

Answer

Battery exists only as a criminal offense; assault may be pursued as a civil tort

Question 2

To succeed on an intentional infliction of emotional distress (IIED) claim, the plaintiff must prove the defendant's conduct was:

Accepted Answer

Extreme and outrageous, intentional or reckless, and caused the plaintiff severe emotional distress

Answer

Merely negligent and likely to cause emotional harm to a reasonable person

Answer

Directed specifically at the plaintiff with a deliberate intent to humiliate

Answer

Accompanied by physical contact or an immediate threat of physical contact

Question 3

False imprisonment as a tort requires that the plaintiff prove they were:

Accepted Answer

Confined to a bounded area without consent or legal justification and were aware of the confinement or suffered actual harm

Answer

Physically restrained using direct force or physical barriers and nothing else

Answer

Detained by a government actor exercising criminal law authority

Answer

Held against their will for a period exceeding one hour

Question 4

A defendant who intentionally enters another person's land without permission or lawful authority commits which tort, even if no actual damage to the land results?

Accepted Answer

Trespass to land

Answer

Private nuisance

Answer

Conversion of real property

Answer

Negligence per se

Question 5

Which of the following, if proven, operates as a complete defense to an intentional tort claim?

Accepted Answer

Consent by the plaintiff to the defendant's conduct

Answer

The defendant's good faith and reasonable belief that the conduct was lawful

Answer

The plaintiff's comparative fault in provoking or contributing to the incident

Answer

The absence of physical injury or quantifiable damages to the plaintiff

Question 6

Conversion differs from trespass to chattels primarily in that conversion:

Accepted Answer

Involves such a serious interference with personal property that the defendant may be required to pay the full market value of the chattel

Answer

Requires proof that the defendant permanently and physically destroyed the chattel

Answer

Applies to real property interests rather than personal property

Answer

Arises only when the defendant specifically intended to permanently deprive the owner

Question 7

A shopkeeper who detains a customer reasonably suspected of shoplifting for a reasonable time and in a reasonable manner may assert which privilege as a defense to false imprisonment?

Accepted Answer

Shopkeeper's (merchant's) privilege

Answer

Privilege of necessity

Answer

Defense of property privilege

Answer

Qualified official immunity