BLAW exam 1 (chpt. 7&8)

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

Which of the following statements is true? a. A plaintiff must prove that the defendant's negligent conduct proximately caused harm to a legally protected interest. b. A defendant has the burden of proof that his negligent conduct did not proximately cause harm. c. Negligent conduct that is the proximate cause of offensive physical contact results in liability based on social policy. d. Both (a) and (c).

a. A plaintiff must prove that the defendant's negligent conduct proximately caused harm to a legally protected interest.

Seventeen-year-old Todd has just received his driver's license. He is driving a little too fast one day and slams into the back of another car, which has just stopped for a stop sign. a. Todd is engaging in an adult activity and will be held to the same standard as an adult in most of the states. b. Todd is a minor and will have no responsibility for his torts. c. Todd's parents are responsible for any torts he commits. d. Both (b) and (c).

a. Todd is engaging in an adult activity and will be held to the same standard as an adult in most of the states.

An action for negligence consists of five elements, each of which the plaintiff must prove. These elements include: a. harm. b. res ipsa loquitur. c. a reasonable person. d. All of the above.

a. harm.

The duty of a possessor of land to persons who come on the land usually depends on whether those persons are: a. invitees, trespassers, or licensees. b. reasonable persons. c. fiduciaries. d. involved in abnormally dangerous activities.

a. invitees, trespassers, or licensees.

Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding" by prohibiting car owners from leaving the keys in their cars if the cars are unattended, is likely to be characterized as: a. negligence per se. b. res ipsa loquitur. c. contributory negligence. d. assumption of risk.

a. negligence per se.

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.

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.

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. 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.

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.

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

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.

Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered. Then Sally went into the kitchen to make hamburger patties. While Sally was inside, Pat backed up to catch a football and hit the grill, knocking the coals onto his feet. In a modified comparative negligence state, who is liable? a. Sally is liable for ALL of Pat's injuries. b. If Sally is found negligent, Sally is liable for a proportionate share of Pat's injuries unless Pat's negligence was as great as or greater than Sally's. c. Sally is not liable for any of Pat's injuries. d. Sally is liable for Pat's injuries only if Pat was more negligent than Sally.

b. If Sally is found negligent, Sally is liable for a proportionate share of Pat's injuries unless Pat's negligence was as great as or greater than Sally's.

Oscar, who was driving too fast for conditions, collided with a truck carrying explosives. The truck was unmarked, so Oscar had no way of knowing what it contained. The collision caused an explosion, which shattered glass in a building a block away. The glass injured Ida, who was working inside the building. John, who was walking down the street near the site of the collision, was seriously burned as a result of the explosion. a. Oscar's negligent driving is the proximate cause of Ida's injury. b. Oscar's negligent driving is the proximate cause of John's injury. c. Both Ida and John are within the zone of danger of the collision. d. All of the above.

b. Oscar's negligent driving is the proximate cause of John's injury.

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.

Andrew negligently hit a dog, which lay stunned in the street for a moment and then ran toward Bill, a bystander, and bit him. a. The dog's action is a foreseeable cause of harm. b. The dog's action is a superseding cause of harm. c. Andrew will be liable to Bill, because the dog's behavior is a natural consequence of the situation caused by Andrew's negligence. d. Two of the above, (b) and (c).

b. The dog's action is a superseding cause of harm.

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.

Which of the following is a defense that a defendant could raise in an action based on strict liability? a. The plaintiff negligently failed to observe a sign on a highway warning of blasting operations and was injured from the operations. b. The owner of a car knowingly and voluntarily parked his vehicle in a blasting zone as a result of which the car was damaged. c. A child played with a neighbor's pet raccoon which had escaped from its cage. The child teased the pet and was bitten. d. All of the above are valid defenses which would be successful if raised by the defendant.

b. The owner of a car knowingly and voluntarily parked his vehicle in a blasting zone as a result of which the car was damaged.

The local supermarket has a large, glass front door which is well lighted and plainly visible. Nelson, who is new in the neighborhood, mistook the glass for an open doorway and walked into it, shattering the door and injuring himself. a. The store is strictly liable to Nelson. b. The store is not liable to Nelson. c. Res ipsa loquitur would require the store to be held liable. d. The store has no duty to Nelson.

b. The store is not liable to Nelson.

In which of the following situations would a court be likely to find an affirmative duty to act? a. Where a pedestrian witnesses an auto accident in which one of the drivers is injured. b. Where an airline attendant sees one passenger threaten another passenger. c. Where the driver of a car sees a two-year-old toddler wandering in the middle of a busy street. d. All of the above are situations where legally there is an affirmative duty to act.

b. Where an airline attendant sees one passenger threaten another passenger.

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

b. battery.

Sarah goes to Marlin's Department Store to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle. Sarah trips over the clutter and is injured. Sarah's status with regard to the store is that of: a. licensee. b. business visitor. c. public invitee. d. trespasser.

b. business visitor.

Conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which cooperates with the negligence of the defendant in bringing about the plaintiff's harm is: a. comparative negligence. b. contributory negligence. c. res ipsa loquitur. d. voluntary assumption of the risk.

b. contributory negligence.

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

b. intrusion

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.

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

b. nuisance

The rule which permits the jury to infer both negligent conduct and causation from the mere occurrence of certain events is: a. proximate cause. b. res ipsa loquitur. c. causation in fact. d. comparative negligence.

b. res ipsa loquitur.

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.

Perry is injured on the job at the factory where he works. He files a workers' compensation claim against his employer. The liability of the employer under the workers' compensation statute is: a. comparative. b. strict. c. contributory. d. negligence per se.

b. strict.

Under the Third Restatement of Torts, if the plaintiff is a veterinarian who accepts for treatment a dog from the defendant: a. the defendant is strictly liable if the dog is abnormally dangerous and it bites the plaintiff. b. the plaintiff, if charging a fee, is beyond the scope of strict liability, even if the dog is abnormally dangerous. c. the doctrine of implied voluntary assumption of risk applies. d. the defendant is strictly liable for any damage to the plaintiff whether or not the dog is considered abnormally dangerous.

b. the plaintiff, if charging a fee, is beyond the scope of strict liability, even if the dog is abnormally dangerous.

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

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.

To which of the following does a property owner owe the highest duty of care? a. A stranded motorist who comes onto the property to seek help b. A social guest and close friend who have come to the house for a party c. A client who has come to an accountant's office in a building which the accountant owns d. A neighbor who comes over uninvited to use a backyard lounge chair

c. A client who has come to an accountant's office in a building which the accountant owns

Adam doesn't like having neighborhood teenagers walk across his yard at night. He rigs an animal trap on the path the teenagers usually use to cross his land. One night, Tim and his friends are walking across the yard when Tim gets caught in the trap. He is taken to the hospital for his injuries. a. Tim is a trespasser on Adam's property, and Adam has the right to use animal traps to strongly discourage anyone from trespassing. b. Adam has no duty toward Tim. c. Adam is not free to inflict intentional injury on a trespasser. d. All of the above.

c. Adam is not free to inflict intentional injury on a trespasser.

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.

Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the feed for the chickens. The chickens died, and the neighbor sues. What is the likely result? a. Cal is not liable because he was not negligent in his spraying operation. b. Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence. c. Cal is liable because spraying pesticides is an abnormally dangerous activity. d. Cal is not liable for the damage because of contributory negligence.

c. Cal is liable because spraying pesticides is an abnormally dangerous activity.

While driving his car five miles over the speed limit, Carl struck Darla, who was jaywalking across the street. When the case came to trial, the jury determined that Carl was 60% negligent and that Darla was 40% negligent. Darla's injuries are $10,000. This accident occurred in a state following the comparative negligence theory of recovery. a. Darla will recover $10,000. b. Darla will not recover anything. c. Darla will recover $6,000. d. Darla will recover $4,000.

c. Darla will recover $6,000.

Mr. and Mrs. Weaver have a duty to: a. control the behavior of their minor son with regard to foreseeable risks. b. merely warn their dependent son regarding his activities related to third persons involving foreseeable risks. c. Either (a) or (b), depending upon the circumstances. d. use reasonable care under the circumstances to third persons with regard to foreseeable risks that arise within the family relationship no matter what their son's age.

c. Either (a) or (b), depending upon the circumstances.

A ninety-year-old patient walked away from a nursing home and wandered onto some nearby railroad tracks. Once on the tracks, the patient stumbled and sprained his ankle. A few minutes later a train approached. The engineer saw the man on the track and could have stopped, but the train's brakes were defective. As a result, the train hit and killed the man. His family is suing the railroad for negligence. a. The patient has assumed the risk of wandering onto the railroad tracks. b. Because the patient was contributorily negligent, most states would hold that the railroad has no liability. c. In states that follow the contributory negligence rule, the train had the last clear chance to avoid the accident, so the patient's negligence does not bar his estate's recovery. d. The train's striking of the man was an intervening cause, so the railroad company was strictly liable.

c. In states that follow the contributory negligence rule, the train had the last clear chance to avoid the accident, so the patient's negligence does not bar his estate's recovery.

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.

Joe intentionally pushed Bill into a fence negligently erected by Sam around Sam's swimming pool. The fence caved in and Bill nearly drowned. Under the Second Restatement, who is liable? a. Sam, because of his negligent conduct. b. Sam, because Joe's conduct would be foreseeable. c. Joe, because of his intentional intervening conduct. d. Sam and Joe, because they both contributed to the harm.

c. Joe, because of his intentional intervening conduct.

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place. Mindy jumped out into the street five feet in front of his car. Chris could not avoid hitting her. What is Chris's best defense to the charge of negligence? a. Mindy had a mental deficiency. b. Chris was not negligent since he did not have a statutory duty to keep his brakes in top condition. c. Mindy illegally crossed in the middle of the street, which was a superseding cause of the accident. d. Chris was lawfully seeking a parking place and did not see her jump out.

c. Mindy illegally crossed in the middle of the street, which was a superseding cause of the accident.

Rick's driveway has potholes. He has been thrown from his bike several times because of them. If Rick invites his biking friends for a barbecue, what must he do to escape liability for any harm to them? a. Repair the potholes. b. Post signs saying "slow to 15 mph." c. Telephone his friends to warn them about the potholes. d. None of the above

c. Telephone his friends to warn them about the potholes.

A form of strict liability applies to all of the following situations except: a. a lawnmower sold in a defective condition that injures its owner. b. a fireworks factory that blows up and injures townspeople and their property. c. a medical procedure. d. a herd of goats that travel onto a neighbor's property, eating and trampling the neighbor's roses.

c. a medical procedure.

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

William, who is a waiter, is injured when an unopened bottle of cola explodes in his hand while he is putting it into the restaurant's cooler. If William wants to sue the bottling company for his injuries: a. he will lose, because it will be impossible for him to prove that the bottle was overpressurized by the bottler. b. he will lose, because the bottling company has no duty to him. c. he will probably win if the court allows him to use the res ipsa loquitur doctrine. d. he will win based on the last clear chance rule.

c. he will probably win if the court allows him to use the res ipsa loquitur doctrine.

By law, all apartment buildings in Mary's state must have smoke alarms in the ceilings. If Mary suffers smoke inhalation because the smoke alarm in her apartment building was not yet installed and Mary sues the owner for negligence, Mary would have to prove: a. a duty existed toward her. b. a breach of that duty. c. injury and causation. d. All of the above.

c. injury and causation.

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.

If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is: a. strict liability. b. res ipsa loquitur. c. negligence per se. d. assumption of the risk.

c. negligence per se.

Henry was burning leaves in his backyard. One of the burning leaves was lifted by the wind into Emilio's yard next door. It landed on the lawn mower which exploded, setting fire to the wooden lawn furniture. Henry's best argument against liability would be: a. that the leaf was not a substantial factor in causing the damage. b. res ipsa loquitur. c. that it was not foreseeable that the lawn mower would explode. d. that the damage was not caused by the leaf but by the gasoline.

c. that it was not foreseeable that the lawn mower would explode.

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

d. All of the above

Which of the following is/are considered in determining the application of the reasonable person standard? a. Physical disability. b. Superior skill or knowledge. c. Emergency circumstances. d. All of the above are considered.

d. All of the above are considered.

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.

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.

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.

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.

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.

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.

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.

Stella goes to Ranger's Department Store to look for clothes. The store is in the process of remodeling, and there is a lot of clutter in the aisle. Stella trips over the clutter and breaks her leg. What standard of care does the store have toward Stella under the circumstances? a. None, because she came to the store voluntarily. b. The store owes her a duty of only ordinary care, because she is a trespasser. c. Because she is a licensee, the store must warn her of hazards of which the store knows but which Stella is not likely to discover. d. Because Stella is a business visitor, the store must exercise reasonable care to protect her against dangerous conditions she is unlikely to discover.

d. Because Stella is a business visitor, the store must exercise reasonable care to protect her against dangerous conditions she is unlikely to discover.

Arthur negligently stopped his car on the highway. Betty, who was driving along, saw Arthur's car in sufficient time to attempt to stop. However, Betty negligently put her foot on the accelerator instead of the brake and ran into Arthur's car. a. Arthur's contributory negligence will prevent his recovery from Betty in all jurisdictions. b. Betty had the last clear chance to avoid the accident and will bear full legal responsibility for it. c. Arthur has assumed the risk of the accident. d. Because both parties were negligent, in a state that follows the comparative negligence doctrine, both parties will share the liability for their injuries.

d. Because both parties were negligent, in a state that follows the comparative negligence doctrine, both parties will share the liability for their injuries.

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)

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.

In determining the duty of care owed by a defendant using the reasonable person standard, the court will consider which of the following factors? a. The existence of emergency conditions b. A physician's training and years of experience c. A person's severe mental retardation d. Both (a) and (b), but not (c).

d. Both (a) and (b), but not (c).

The harshness of the contributory negligence doctrine has been mitigated by: a. the last clear chance rule. b. substitution of the doctrine of comparative negligence. c. strict liability. d. Both (a) and (b), but not (c).

d. Both (a) and (b), but not (c).

In which of the following situations would a landowner have liability to a trespasser? a. Where the landowner has rigged up a trap to injure anyone coming onto the property without permission. b. Where a landowner next to a nursery school has an unfenced swimming pool and a trespassing child drowns. c. Where a trespasser trips over some lawn furniture in an unlighted backyard. d. Both (a) and (b). e. All of the above.

d. Both (a) and (b).

The doctrine of res ipsa loquitur would permit the court to infer negligence in which of the following situations? a. A can of peas fell off the shelf onto your foot. b. A sign over a storefront fell on your head. c. Neither (a) nor (b). d. Both (a) and (b).

d. Both (a) and (b).

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)

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.

Les, a teenager, has 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.

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the lake. Which of the following is true? a. Mark MUST help the girl or he will be liable for negligence. b. Mark must help the girl ONLY if he knows her. c. Mark MUST help the girl if he is the girl's uncle. d. Mark MUST help the girl if he begins to rescue her and moves her to a position farther from the shore.

d. Mark MUST help the girl if he begins to rescue her and moves her to a position farther from the shore.

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.

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.

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.

d. None of the above.

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.

Which of the following is correct with respect to the reasonable person standard? a. It makes allowance for mental deficiency. b. It makes allowance for physical disability. c. It applies an individualized test to children that takes into consideration the child's age, background, and experience. d. Two of the above, (b) and (c). e. All of the above

d. Two of the above, (b) and (c).

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

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.

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.

Defenses to an action in strict liability include: a. contributory negligence only. b. contributory negligence and comparative negligence. c. comparative negligence only. d. voluntary assumption of risk and, in some states, comparative negligence.

d. voluntary assumption of risk and, in some states, comparative negligence.

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

e. All of the above