Act 324 - Chapter 8

The tort of unfair competition exists because United States law protects businesses acting on the ______ motive. Multiple choice question. profit political public interest charitable

profit

Which of the following type of damages is designed to compensate the victim for all the harm caused by the person who committed the tort? Multiple choice question. Exemplary Nominal Compensatory Punitive

Compensatory

Identify the situations in which a person is likely to be tried for public disclosure of private facts. (Check all that apply.) Multiple select question. The information is about the plaintiff's failure to pay the debt. The information is published in a gossip magazine. The plaintiff is a public figure. The plaintiff has waived the right to privacy.

The information is about the plaintiff's failure to pay the debt. The information is published in a gossip magazine. The plaintiff is a public figure.

______ has been declining gradually since 1990. Multiple choice question. Mediation Tort litigation The number of torts Arbitration

Tort litigation

A forged deed to a house that brings the ownership of the house in question is an example of ______. Multiple choice question. slander of quality private nuisance trade libel slander of title

slander of title

Under conditional privilege, a party will not be held liable for defamation unless the false statement was made with actual malice. Which of the following constitutes actual malice in the given context? (Check all that apply.) Multiple select question. Knowledge of the statement's falsity Reckless disregard for the statement's truth Confirmation of the statement's veracity Publishing the statement in a newspaper

Knowledge of the statement's falsity Reckless disregard for the statement's trut

Under which of the following circumstances does the tort of trespass to realty not occur? Multiple choice question. A person causes an object to be placed on the land of another with the landowner's permission. A person enters the land of another without permission. A person stays on the land of another when the owner tells him to depart. A person refuses to remove something he placed on the property that the landowner asked him to remove.

A person causes an object to be placed on the land of another with the landowner's permission.

Which of the following privacy torts involve attributing characteristics or beliefs to a person that she does not possess or creating the impression that an individual has taken certain actions he has not taken? Multiple choice question. Intrusion on an individual's affairs False light Mistake of fact Public disclosure of private facts

False light

Identify the test for assault. Multiple choice question. Loss of business Bodily contact Reasonable apprehension Public disclosure of private facts

Reasonable apprehension

Which of the following is a tort involving false statements related to the ownership of business property? Multiple choice question. Slander of title Dissuasion of title Conversion of business interests Diminution of business interests

Slander of title

Which of the following types of defamation consists of statements so inherently harmful that general damages are presumed? Multiple choice question. Libel False light Slander per se Slander

Slander per se

______ liability torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes. Multiple choice question. Conditional Preferential Strict Limited

Strict

Which of the following is not a type of intentional tort? Multiple choice question. Torts against property Torts against economic interests Strict liability torts Torts against persons

Strict liability torts

Which of the following is an accurate statement regarding the degree of force permissible in defense of others? Multiple choice question. The degree of force permissible in defense of others is greater than the degree of force permissible in self-defense. The degree of force permissible in defense of others is equal to the degree of force permissible in self-defense. No degree of force is permissible in defense of others. The degree of force permissible in defense of others is less than the degree of force permissible in self-defense.

The degree of force permissible in defense of others is equal to the degree of force permissible in self-defense.

Which of the following is an accurate statement regarding the degree of force permissible in self-defense? Multiple choice question. The victim may always respond to the force of an aggressor with deadly force. No degree of force is permissible in self-defense, since the victim must retreat from the aggressor. The victim may respond to the force of an aggressor with comparable force. The victim must respond to the force of an aggressor with lesser force.

The victim may respond to the force of an aggressor with comparable force.

When criticism of the quality, honesty, or reputation of a business or its product is printed or published, it is called ______. Multiple choice question. Slander of quality Slander of title Trade libel Private nuisance

Trade libel

Which of the following is a commonly-recognized defense to a defamation action? Multiple choice question. Duress Equity Truth Parity

Truth

Tort law contributes to maintaining order because it ______ private retaliation by injured persons and their friends. Multiple choice question. encourages discourages mediates codifies

discourages

Intentional infliction of ______ ______ occurs when someone engages in outrageous, intentional conduct likely to cause extreme psychological anguish to another party. Multiple choice question. emotional privacy emotional distress false distress false light

emotional distress

False imprisonment may occur by physical ______, such as tying someone to a chair. (Check all that apply.) Multiple select question. intentions force implications restraint

force restraint

A tort is a wrong or ______ to another, other than breach of contract. Multiple choice question. bread compensatory claim injury

injury

Fraudulent misrepresentation is a(n) ______ tort. Multiple choice question. strict liability intentional negligence statutory

intentional

Factors juries usually consider in determining the amount of _____ damages to be awarded in a tort action include the egregiousness or willfulness of the tort and the wealth of the defendant.

punitive

A criticism of the quality, honesty, or reputation of a business or its product is called slander of quality if: _______. Multiple choice question. qualified written spoken implied

spoken

Tort law is primarily ______ law. Multiple choice question. international state local federal

state

Strict liability torts occur when the defendant takes an action that is ______ dangerous. Multiple choice question. inherently not subjectively conditionally

inherently

Torts against persons are ______ acts that harm an individual's physical or mental integrity. Multiple choice question. criminal intentional negligent strict liability

intentional

In general, in deciding whether to strike down a punitive damage award as unconstitutional, the court will look at the following factors: ________ (Check all that apply.) Multiple select question. the disparity between the actual or potential harm suffered by the plaintiff difference between the punitive damages award and civil penalties the degree of reprehensibility of the defendant's conduct whether the defendant has sufficient resources to pay the judgment

the disparity between the actual or potential harm suffered by the plaintiff difference between the punitive damages award and civil penalties the degree of reprehensibility of the defendant's conduct

In intentional interference with contract litigation, the plaintiff must prove a ______ and ______ contract between the plaintiff and defendant existed. Multiple choice question. discernible; equal discernible; doctrinal valid; illusory valid; enforceable

valid; enforceable

Privilege is a(n) ______ defense to a defamation action. Multiple choice question. negative mitigating aggravating affirmative

affirmative

A(n) ______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact. Multiple choice question. stalking assault battery false imprisonment

assault

Intentional torts occur when the ______ takes an action intending certain consequences or knowing they are likely to result. Multiple choice question. plaintiff defendant claimant complainant

defendant

In general, in deciding whether to strike down a punitive damage award as unconstitutional, the court will look at all of the following except the: _______. Multiple choice question. difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases disparity between the actual or potential harm suffered by the plaintiff and the punitive damage award degree of reprehensibility of the defendant's misconduct difference between the amount of nominal damages and the amount of compensatory damages awarded at the trial court level

difference between the amount of nominal damages and the amount of compensatory damages awarded at the trial court level

Assuming other requirements have been satisfied, the Class Action Fairness Act (CAFA) grants original jurisdiction to the federal courts over any civil action in which the amount in controversy is in excess of ______ million dollars. Multiple choice question. one five three two

five

False imprisonment may occur by a threat to use ______ physical force. Multiple choice question. future conditional qualified immediate

immediate

Torts against persons, torts against property, and torts against economic interests are known as _______ torts

intentional

A ______ is a wrong or injury to another, other than a breach of contract. Multiple choice question. crime mediation tort rescission

tort

Compensatory damages are ______ rewarded for pain and suffering, costs of repairing damaged property, medical expenses, and lost wages. Multiple choice question. typically partially never rarely

typically

Opening a business with the purpose of driving another firm out of business rather than generate profit constitutes the tort of ______. Multiple choice question. misappropriation unfair competition fraudulent misrepresentation malicious prosecution

unfair competition

A private nuisance occurs when a person uses her property in a(n) ______ manner that harms a neighbor's use or enjoyment of his property. Multiple choice question. non-exclusive unreasonable reasonable exclusive

unreasonable

Negligent torts occur when the defendant acts in a way that subjects other people to a(n) ______ risk of harm. Multiple choice question. unreasonable subjective nominal reasonable

unreasonable

Negligent torts occur when the defendant acts in a way that subjects other people to an ______ risk of harm. Multiple choice question. unforeseeable unreasonable elemental equitable

unreasonable

Critics of the tort of food disparagement refer to it as ______ libel. Multiple choice question. perfunctory defamatory veggie caloric

veggie

What kind of privilege is granted, pursuant to the speech and debate clause of the United States Constitution, to individuals speaking on the House and Senate floors during congressional debate? Multiple choice question. Absolute Executive Parliamentary Conditional

Absolute

Which tort applies to the misuse of legal procedure to achieve a different goal than it intends? Multiple choice question. Abuse of substance Procedural conversion Substantive conversion Abuse of process

Abuse of process

______ for commercial gain occurs when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that person's permission. Multiple choice question. Edification Optimization Appropriation Personification

Appropriation

Which of the following torts occurs when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that person's permission? Multiple choice question. Appropriation for commercial gain Amortization for commercial gain Annuitization for commercial gain Amelioration for commercial gain

Appropriation for commercial gain

Which of the following is not a commonly recognized business tort? Multiple choice question. Assimilation Intentional interference with contract Disparagement Slander of quality

Assimilation

Which of the following is an example of torts against persons? Multiple choice question. Trade libel Slander of title Battery Disparagement

Battery

Which of the following torts occurs when a person permanently removes personal property from the owner's possession and control? Multiple choice question. Diversion Conversion Subversion Aversion

Conversion

______ occurs when a person permanently removes personal property from the owner's possession and control. Multiple choice question. fraudulent misrepresentation Nuisance Intentional interference with contract Conversion

Conversion

Which of the following is not a tort classification? Multiple choice question. Criminal Intentional Strict-liability Negligent

Criminal

False light is closely related to which of the following torts? Multiple choice question. Negligence Defamation False imprisonment Strict liability

Defamation

Which tort is generally defined as the intentional publication (or communication to a third party) of a false statement harmful to an individual's reputation? Multiple choice question. Negligence Strict liability Defamation Absolute liability

Defamation

______ by computer occurs when erroneous information from a computer about a business's credit standing or reputation impairs the business's ability to obtain credit. Multiple choice question. Mitigation Dissuasion Malice Disparagement

Disparagement

______ is a commonly recognized tort against economic interests. Multiple choice question. Diversion Disbursement Disparagement Divestment

Disparagement

Which of the following torts provides ranchers and farmers with a cause of action when someone knowingly makes false, damaging statements about a farm produce? Multiple choice question. Unfair competition Fraudulent misrepresentation Malicious prosecution Food disparagement

Food disparagement

______ misrepresentation occurs when a party uses intentional deceit to facilitate personal gain. Multiple choice question. Constructive Fraudulent Declaratory Equitable

Fraudulent

Which president signed the Class Action Fairness Act (CAFA) into law? Multiple choice question. William J. Clinton George W. Bush Barack H. Obama George H. W. Bush

George W. Bush

Which of the following is a tort classification? Multiple choice question. Constitutional Intentional Criminal Administrative

Intentional

______ torts occur when the defendant takes an action intending certain consequences or knowing they are likely to result. Multiple choice question. Strict liability Intentional Criminal Negligence

Intentional

Which of the following is a requirement of battery? Multiple choice question. It involves a defamatory action. It results from a negligent action. It is a result of licentious behavior. It involves intentional bodily contact.

It involves intentional bodily contact.

Which of the following is not a requirement of battery? Multiple choice question. Unwanted Intentional Larcenous Offensive

Larcenous

Which of the following damages are given to recognize that a defendant committed a tort in a case where the plaintiff suffered no compensable damages? Multiple choice question. Nominal Punitive Consequential Compensatory

Nominal

Which of the following is a commonly-recognized defense to a defamation action? Multiple choice question. Duress Privilege Parity Equity

Privilege

Which of the following torts occurs when someone publicizes a private fact about another that a reasonable person would find highly offensive? Multiple choice question. Private disclosure of salient facts Public disclosure of salient facts Public disclosure of private facts Private disclosure of public facts

Public disclosure of private facts

Which of the following damages are awarded to deter similar activity by the defendant and others? Multiple choice question. Nominal Pecuniary Punitive Numismatic

Punitive

Which of the following damages are awarded to punish conduct that is extremely outrageous? Multiple choice question. Consequential Punitive Nominal Compensatory

Punitive

If Rosario says Bill is a convicted felon and he is, which of the following statements correctly states Rosario's liability for defamation? Multiple choice question. Rosario is liable for defamation, but only if she published her statement in written form. Rosario is not liable for defamation because privilege is an affirmative defense to a defamation action. Rosario is not liable for defamation because truth is an absolute defense to a defamation action. Rosario is liable for defamation if she did not conduct a criminal background check on Bill before making her statement.

Rosario is not liable for defamation because truth is an absolute defense to a defamation action.

What type of defamation is made orally? Multiple choice question. Slander Libel Indignation Liable

Slander

What type of spoken defamation is so inherently harmful that general damages are presumed? Multiple choice question. Libel Libel per se Slander Slander per se

Slander per se

Which of the following is an accurate statement regarding the use of deadly force in defense of property? Multiple choice question. The use of deadly force in the defense of property is always considered justified. The use of deadly force in the defense of property is almost always considered justified. The use of deadly force in the defense of property is often considered justified. The use of deadly force in the defense of property is rarely, if ever, considered justified.

The use of deadly force in the defense of property is rarely, if ever, considered justified.

Which of the following is a factor juries usually consider in determining the amount of punitive damages to be awarded in a tort action? Multiple choice question. The wealth of the defendant Median household income in the community where the case is being tried The wealth of the plaintiff Median disposable income in the community where the case is being tried

The wealth of the defendant

What is the primary objective of tort law? Multiple choice question. To provide compensation for injured parties To achieve social justice To incarcerate a criminal defendant for statutorily-proscribed wrongdoing To punish a wrongdoer for gross negligence or extreme recklessness

To provide compensation for injured parties

______ law is primarily state law. Multiple choice question. Trade Constitutional Tort Immigration and naturalization

Tort

A person with ______ privilege cannot be sued for defamation for any false statements made. Multiple choice question. qualified absolute ultimate conditional

absolute

_____ of _______ applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends.

abuse process

A person ______ commit(s) a battery if the other party consented to the contact. Multiple choice question. equitably cannot can constructively

cannot

Self-defense is responding to the force of another with ______ force to defend yourself. Multiple choice question. excessive unlimited comparable deadly

comparable

Under ______ privilege, a party will not be held liable for defamation unless the false statement was made with actual malice. Multiple choice question. comparative conditional compromised contributory

conditional

Tort litigation has been ______ since 1990. Multiple choice question. increasing gradually declining gradually declining rapidly increasing rapidly

declining gradually

The intentional publication (or communication to a third party) of a false statement harmful to an individual's reputation is known as: ______. Multiple choice question. slander invasion of privacy absolute privilege defamation

defamation

The public figure privilege is a defense to a ______ action. Multiple choice question. strict liability false imprisonment defamation negligence

defamation

The tort of disparagement is similar to Multiple choice question. dissuasion. defamation. negligence. absolution.

defamation.

If a person calls his former employer and falsely says her son was just arrested for a double homicide after a botched robbery attempt, most courts would find that behavior outrageous enough to constitute: _______. Multiple choice question. negligence negligent infliction of emotional distress strict liability intentional infliction of emotional distress

intentional infliction of emotional distress

In intentional interference with contract litigation, the plaintiff must prove the defendant ______ undertook steps to cause one of the parties to breach the contract, and the plaintiff was ______ as a result of the breach. Multiple choice question. intentionally; injured negligently; guilty intentionally; liable negligently; compromised

intentionally; injured

A person commits trespass to personal property by ______ with the owner's right to use it. Multiple choice question. interfering consenting commiserating acquiescing

interfering

The primary type of damages is compensatory damages, typically awarded for: _______. (Check all that apply.) Multiple select question. lost wages medical expenses punishment of the defendant pain and suffering

lost wages medical expenses pain and suffering

According to the public figure privilege, courts will not hold people liable for making false statements about public figures, such as politicians and entertainers, as long as the statements were not made with actual ______. Multiple choice question. privilege force intentions malice

malice

Consent ______ the element of unwanted. A person cannot commit a battery if the other party consented to the contact. Multiple choice question. mitigates exacerbates magnifies aggravates

mitigates

____ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages.

nominal

A private ______ occurs when a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property. Multiple choice question. absolution aberration nullification nuisance

nuisance

The tort of trespass to _______ is also called trespass to real property

realty

You can use ______ force to defend your property from an intruder. Multiple choice question. deadly strict proportional reasonable

reasonable

To prove the tort of fraudulent misrepresentation occurred, the injured party must demonstrate that he or she ______ relied on the defendant's misrepresentations. Multiple choice question. unseasonably unreasonably reasonably strictly

reasonably

To prove the tort of fraudulent misrepresentation occurred, the injured party must demonstrate that the defendant intended to have other parties ______ on the misrepresentations. Multiple choice question. rely retaliate report sue

rely

The torts of malicious prosecution and wrongful civil proceedings serve ______ functions. Multiple choice question. exclusive conflicting similar contradictory

similar

Which of the following torts involve making a false statement? (Check all that apply.) Multiple select question. Disparagement Defamation False imprisonment Private nuisance

Disparagement Defamation

Disparagement by computer occurs when ______. Multiple choice question. employers fail to inform the employees about authorized versus unauthorized usage of office computers to prevent unethical practices erroneous information from a computer about a business's credit standing or reputation impairs the business's ability to obtain credit a company's data is hacked and misused by a person an office computer is used by an employee to run his or her personal business

erroneous information from a computer about a business's credit standing or reputation impairs the business's ability to obtain credit

The privacy tort of intrusion on an individual's affairs or seclusion occurs when someone invades any of the following except Multiple choice question. the public domain. a person's solitude. a person's seclusion. personal affairs.

the public domain.

A defendant cannot be held liable for defamation if ______. Multiple choice question. the plaintiff did not incur any monetary loss the defendant believes that the statement is true the plaintiff did not incur emotional distress the statement made is true

the statement made is true

Compensatory damages are typically rewarded for all of the following except: _______. Multiple choice question. medical expenses costs of repairing damaged property potential future causes of action pain and suffering

potential future causes of action

When a defendant admits to an accusation of defamation but argues there is a reason he should not be held liable, the defendant is exercising the affirmative defense called _____. Multiple choice question. privilege truth insanity mistake of fact

privilege

Successful plaintiffs in malicious prosecution and wrongful civil proceedings claims are entitled to damages for harm to ______ caused by the false claims. Multiple choice question. personal property their person in the form of physical restraint or force reputation, credit, or standing spending power, trading power, or power to preempt debt

reputation, credit, or standing

______ imprisonment occurs when an individual is confined or restrained against his or her will for an appreciable period of time. Multiple choice question. Equitable False Confiscatory Dilatory

False

Which of the following is not a privacy tort? Multiple choice question. False light False imprisonment Public disclosure of private facts Appropriation for commercial gain

False imprisonment

Which of the following torts occurs when an individual is confined or restrained against his or her will for an appreciable period of time? Multiple choice question. False interment False internment False imprisonment False light

False imprisonment

The privacy tort of ______ on an individual's affairs or seclusion occurs when someone invades a person's solitude, seclusion, or personal affairs when that person has the right to expect privacy. Multiple choice question. false light subversion invasion intrusion

intrusion

If defamation is published in a permanent form, it is known as ______. Multiple choice question. privileged disclosure slander per se slander libel

libel

If defamation is published in permanent form, it is known as Multiple choice question. liable. slander per se. libel. slander.

libel

False ______ is a privacy tort. Multiple choice question. libel light intentions slander

light

The degree of force your brother could use in defending you is ______ to the degree of force you could use yourself. Multiple choice question. limited proportional intentional strictly

limited

Slander is a form of defamation that is communicated: _______. Multiple choice question. in written form orally advertised over media by publishing

orally

Trespass to personal property is also called trespass to: _______. Multiple choice question. personalty fealty admiralty idolatry

personalty