Bl CH 7

22. Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the laundromat. a. Arnold has committed the tort of slander. b. Arnold has committed the tort of libel. c. Arnold has committed neither libel nor slander, because there has been no publication of the letter. d. Arnold has committed the tort of false light.

b. Arnold has committed the tort of libel.

Handwritten, typewritten, printed, pictorial, or televised defamation is: a. false light. b. libel. c. slander. d. disparagement.

b. libel.

11. A(n) ____ is a non-trespassory invasion of another's interest in the private use and enjoyment of land. a. trespass to real property b. nuisance c. interference with contractual relations d. fraudulent misrepresentation

b. nuisance

21. Arnold wrote a defamatory letter regarding Bill which he mailed to Bill, but which he did not show to anyone else. a. Arnold has committed the tort of slander. b. Arnold has committed the tort of libel. c. Arnold has committed neither libel nor slander, because there has been no publication of the letter. d. Arnold has committed the tort of false light.

c. Arnold has committed neither libel nor slander, because there has been no publication of the letter.

18. Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else was in the area. The bullet hit Tom, who happened to be riding his ATV across the desert. a. Arthur has committed the tort of assault. b. Arthur has committed the tort of battery. c. It is unlikely that Arthur has the necessary intent to commit a tort. d. Arthur has committed the tort of intentional infliction of emotional distress.

c. It is unlikely that Arthur has the necessary intent to commit a tort.

The tort of ____ is a false communication which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held. a. false light b. intrusion c. defamation d. disparagement

c. defamation

9. The Restatement Third, Torts: a. was approved in its final form by the American Law Institute in 1995. b. addresses the elements of the tort action for liability for accidental personal injury, including property damage and liability for economic loss. c. has been expanded to include chapters on emotional harm and landowner liability. d. All of the above.

c. has been expanded to include chapters on emotional harm and landowner liability.

30. Tort law: a. is primarily federal statutory law. b. is primarily state statutory law. c. is primarily common law. d. has as a primary objective the punishment of offenders.

c. is primarily common law.

41. Business torts consist of: a. interference with contractual relations. b. disparagement. c. fraudulent misrepresentation. d. All of the above

d. All of the above

Invasion of privacy consists of: a. appropriation. b. intrusion. c. public disclosure of private facts. d. All of the above are invasions of privacy.

d. All of the above are invasions of privacy.

10. Defenses to intentional torts include: a. self-defense and consent. b. defense of others and consent. c. self-defense and defense of property. d. All of the above are valid defenses.

d. All of the above are valid defenses.

13. Which of the following is ordinarily held liable for their intentional torts? a. A person who has not reached the age of majority b. An incompetent c. An employer, for the acts of employees in the course of employment d. All of the above.

d. All of the above.

16. Sally, while walking in a park, got hit on the head with a baseball. The ball was thrown at her by Aaron who intended to hit her to show off in front of his friends. She may recover damages for: a. bodily harm. b. emotional distress. c. reasonable medical expenses. d. All of the above.

d. All of the above.

36. An absolute privilege exists to protect which of the following defendants in defamation cases? a. Members of Congress on the floor of Congress b. Statements made by the U.S. President in the discharge of official duty c. Statements about third persons made to one's spouse when they are alone d. All of the above.

d. All of the above.

Which of the following can be raised as a defense to a claim of defamation? a. That the statement was true. b. That there was a constitutional privilege to comment about the plaintiff who is a public figure and that the statement was made without malice. c. That there was a conditional privilege to make defamatory comment on another's statements in order to protect legitimate self-interest. d. All of the above.

d. All of the above.

33. The intentional exercise of dominion or control over another's personal property which so seriously interferes with the other's right of control as to justly require the payment of full value for the property is: a. trespass to personal property. b. interference with economic interests. c. fraudulent misrepresentation. d. None of the above.

d. None of the above.

12. Acting with reckless disregard for the falsity of the matter, Anita included Joe's name and photograph in a list of the FBI's top ten criminals. Joe has never been convicted of a crime and is horrified by the thought of being considered a criminal. a. This is defamation. b. This is false light. c. This is nuisance. d. This could be either defamation or false light.

d. This could be either defamation or false light.

42. Fraudulent or intentional misrepresentation is covered under Section ____ of the Restatement. a. 525 b. 537 c. 538(a) d. None of the above

a. 525

29. Damages for interference with contractual relations include: a. payment for emotional distress. b. nominal damages. c. conversion fees. d. criminal fines.

a. payment for emotional distress.

34. In an article about a prominent judge, a newspaper indicates the possibility that the judge had organized crime connections. The judge sues. The judge will have a cause of action: a. if the suit is for defamation and the newspaper responsibly checked its sources. b. if the suit is a suit for intrusion. c. whether or not the newspaper checked its sources as long as the information printed is ultimately found to be untrue. d. if the information is untrue and the newspaper did not check its sources.

d. if the information is untrue and the newspaper did not check its sources.

27. A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if: a. the photographer never entered onto the movie star's property. b. the pictures were not published. c. the movie star was in bed at the time. d. the movie star was in a public building at the time.

d. the movie star was in a public building at the time.

26. Mary's car was parked just outside the east door of the Civic Center. When she tried to exit, three ominous-looking gang members were blocking that door. She called the police who arrested the three for loitering. If Mary brings suit against them for false imprisonment: a. she will lose if there was another exit she could have used. b. she will lose because she was not harmed by the confinement. c. she will win even if there was another way out because she was, in effect, being confined to the Civic Center. d. she will win because they were blocking her passage to her car.

a. she will lose if there was another exit she could have used.

Les, a teenager, has the permission of Harold to walk across his yard on the way to school. Les now brings twenty of his friends across the yard, and they stop to play ball. a. Les is not guilty of trespass to real property, because he had Harold's permission to cross the yard. b. Les's friends are not guilty of trespass to real property, because they were with Les. c. Les is guilty of trespass to real property, because he walked across the yard. d. Les and his friends are guilty of trespass to real property, because they played ball in Harold's yard.

d. Les and his friends are guilty of trespass to real property, because they played ball in Harold's yard.

40. Intentional harm to property includes which of the following torts? a. Trespass to real property b. Nuisance c. Trespass to personal property d. Conversion e. All of the above

e. All of the above

38. A points an unloaded gun at B and threatens to shoot. Unobserved by A, C witnesses the threat and believes A's gun is loaded and that B is about to die. C pulls out a gun and shoots and kills A. a. C cannot successfully invoke the privilege of defense of others because A's gun was unloaded. b. C can successfully invoke the privilege of defense of others because of his reasonable belief at the time he shot A. c. One can use deadly force only to protect himself and his immediate family; therefore, C is liable. d. Deadly force was not being threatened against B and hence C had no right to counter with deadly force.

b. C can successfully invoke the privilege of defense of others because of his reasonable belief at the time he shot A

23. There is a(n) ____ privilege to comment regarding public officials or public figures so long as it is done without malice. a. Fourth Amendment b. First Amendment c. conditional d. absolute

b. First Amendment

24. Hal doesn't like Bradley, so he spread untrue rumors about his personal lifestyle and sexual practices at a cocktail party. These rumors harm Bradley's reputation in the community. a. Hal is guilty of libel. b. Hal is guilty of slander. c. Bradley does not have a defamation suit against Hal. d. Hal is protected by the First Amendment to the Constitution.

b. Hal is guilty of slander.

Tim and Steve are roughhousing in Tim's parents' front yard when Steve intentionally pushes Tim onto the neighbor's property. a.Tim is a trespasser . b.Steve is a trespasser. c.Tim and Steve are both trespassers. d.None of the above.

b. Steve is a trespasser.

Tammy joined a religious cult while a student at college. Her father hired a deprogrammer who spent several weeks with her, during which they occasionally went on outings. After Tammy met with her boyfriend one weekend, she rejoined the cult and sued her father and the deprogrammer for false imprisonment. a. Tammy will win because this is clearly false imprisonment. b. Tammy will lose if she had a reasonable means of escaping and voluntarily consented to the confinement. c. Tammy has committed the tort of malicious prosecution. d. Tammy's parents are guilty of intrusion but not of false imprisonment.

b. Tammy will lose if she had a reasonable means of escaping and voluntarily consented to the confinement.

20. Ray threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office. a. Ray cannot be liable to the secretary for any torts because he did not intend to hurt her. b. The intent to harm the agent is transferred to the secretary who can sue Ray for her injuries with an intentional tort cause of action. c. Ray has committed a crime, but he is not liable for any torts. d. Ray has committed the tort of intrusion.

b. The intent to harm the agent is transferred to the secretary who can sue Ray for her injuries with an intentional tort cause of action.

Bodily contact that is harmful or offensive can give rise to the tort of: a. assault. b. battery. c. defamation. d. appropriation.

b. battery.

19. Under the Third Restatement of Torts, a person acts recklessly if the person: a. has an unconscious disregard of the consequences of the act committed. b. knows facts that make the risk obvious to another in the person's situation. c. exhibits malice or a fraudulent or evil motive. d. All of the above.

b. knows facts that make the risk obvious to another in the person's situation.

17. An employer: a. must not provide electronic bulletin boards and chat rooms because of provisions of the CDA. b. should act quickly to remove any defamatory statements brought to its attention because Section 230 of the CDA grants immunity from defamation liability only to ISPs. c. need not be concerned about allegedly defamatory statements on e-forums it controls because Section 230 of the CDA grants any employers immunity from liability for defamation for publishing information originating from a third party. d. cannot be held liable for unauthorized online defamatory statements made by employees.

b. should act quickly to remove any defamatory statements brought to its attention because Section 230 of the CDA grants immunity from defamation liability only to ISPs.

The intentional dispossession or unauthorized use of the personal property of another is known as: a. conversion. b. trespass to personal property. c. fraud. d. stealing.

b. trespass to personal property.

35. A newspaper article hints that a certain corporation is a front for illegal activity. The corporation: a. will lose a defamation suit because only natural persons can successfully bring defamation suits. b. will likely win a defamation suit if the statement is untrue and was made with malice. c. will likely lose a defamation suit because the press has an absolute privilege in this type of case. d. can win an invasion of privacy suit even if the statement is true.

b. will likely win a defamation suit if the statement is untrue and was made with malice.

32. Andrew noticed Michael and his pregnant wife Georgette walking down the street and drove his car within inches of Michael, as a joke. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy. a. Andrew has no liability to Georgette, because he has not committed a tort against her. b. Andrew has committed the tort of battery against Georgette. c. Andrew has committed the tort of battery against Michael but has committed no tort against Georgette. d. Andrew has committed the tort of intentional infliction of emotional distress against Georgette.

d. Andrew has committed the tort of intentional infliction of emotional distress against Georgette.

37. The constitutional privilege protects the press in a defamation action: a. in the absence of malice. b. when the plaintiff is a public figure or official. c. from all liability to anyone. d. Both (a) and (b)

d. Both (a) and (b)

28. Alice was briefly married at the age of 16. She is now 28 years old and plans to marry Henry in the spring. Henry's sister found out about Alice's first marriage and then told Henry's parents. Alice now wants to sue Henry's sister for public disclosure of private facts. Does Alice have a case against Henry's sister? a. No, because marriage is a public and not a private fact. b. No, because telling Henry's parents is not sufficient publication for public disclosure of private facts. c. No, because the statement is true. d. Both (a) and (b) are correct.

d. Both (a) and (b) are correct.

39. Intent as used in the law of intentional torts requires the defendant to: a. have knowledge or reckless disregard of the negligence of her action. b. desire to cause the consequence of her action. c. believe the consequences are substantially certain to result from her action. d. Both (b) and (c)

d. Both (b) and (c)

15. Harms or injuries that are tortious may be inflicted: a. intentionally. b. negligently. c. without fault. d. In all of the above ways.

d. In all of the above ways.

The Hometown News snapped a picture of Tom, a local teenager, as he was sleeping under a tree in the park on a warm spring day. They printed the picture on the front page of the paper. a.The Hometown News is guilty of intrusion. b.The Hometown News is guilty of false light. c.The Hometown News is guilty of appropriation. d.It is unlikely that the Hometown News is guilty of any tort

d. It is unlikely that the Hometown News is guilty of any tort

25. Mark gave the keys to his apartment to his friend Jack so Jack could sleep after an all-night study session. When Jack walked in, Mark's roommate, Sam, was standing behind the door in the dark, holding a baseball bat over his head. Jack flicked on the light and Sam saw it was Jack, so he lowered the bat before Jack noticed him. a. Jack is guilty of assault. b. Sam is guilty of assault. c. Both Sam and Jack are guilty of assault. d. Neither Jack nor Sam is guilty of assault.

d. Neither Jack nor Sam is guilty of assault.