ch.7
_________ torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result. A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability Intentional
Intentional
Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed? A. Negligent infliction of emotional distress. B. Intentional infliction of strict liability distress. C. Intentional infliction of emotional distress. D. Reckless invasion of solitude. E. Psychological infliction of distress.
Intentional infliction of emotional distress.
______ occur when the defendant takes an action intending certain consequences or knowing they are likely to result.
Intentional torts
Which of the following are common classifications of torts? A. Intentional, negligent, and criminal. B. Intentional, criminal, and strict-liability. C. Intentional, negligent, and strict-liability. D. Criminal, negligent, and strict-liability. E. Administrative, civil, criminal.
Intentional, negligent, and strict-liability.
______ on an individual's affairs or seclusion occurs when someone invades a person's solitude, seclusion, or personal affairs when the person has the right to expect privacy.
Intrusion
Bill decides to install two-way mirrors in the dressing room of his ladies' clothing store. He has a habit of watching ladies while they try on clothing. Which of the following has Bill committed? A. Intrusion on an individual's affairs or seclusion. B. Slander. C. Libel. D. False light invasion of property. E. Both false light invasion of property and intrusion on an individual's affairs or seclusion.
Intrusion on an individual's affairs or seclusion
true of the term "tort"? A. It is a French word meaning "wrong." B. It is a German word meaning "mistake." C. It is a Latin meaning "misfeasance." D. It is an English word meaning "negligence." E. It is a civil law term meaning "liability."
It is a French word meaning "wrong."
Which of the following is true regarding the apprehension necessary for the tort of assault? A. Apprehension and fear are the same thing. B. A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm. C. Actual injury is necessary for valid apprehension to be proven. D. The test for assault involves subjective apprehension, not reasonable apprehension. E. There is no requirement that the apprehension be of immediate physical contact.
A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm
Which of the following is a tort? A. A civil or criminal action in state court. B. A civil or criminal action in state court or federal court. C. A breach of contract. D. A wrong or injury to another, other than a breach of contract. E. None of the above.
A wrong or injury to another, other than a breach of contract.
A person who commits a tort is often referred to as a ___________. A. Tortfeasor B. Guiltfeasor C. Criminal D. Runaway defendant E. Nominal defendant Tortfeasor
A. Tortfeasor
______ is more general and applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends.
Abuse of process
Under which of the following situations does the tort of trespass to realty occur? A. A person causes an object to be placed on the land of another without the landowner's permission. B. A person stays on the land of another when the owner tells him to depart. C. A person refuses to remove something he placed on the property that the owner of the property asked him remove. D. All of the above. E. None of the above because a person does not commit trespass to realty unless it can be established that the person initially entered the land of another without permission.
All of the above
Which of the following is a category into which intentional torts are divided? A. Torts against persons. B. Torts against property. C. Torts against economic interests. D. All of the above. E. None of the above.
All of the above.
Which of the following would constitute false imprisonment? A. Threatening to use immediate physical force to detain someone. B. Refusing to release property. C. Physical restraint, such as tying someone to a chair. D. All of the above. E. Physical restraint and threatening to use immediate physical force, but not refusing to release property.
All of the above.
Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true? A. Annie has committed defamation of the college president in the form of slander. B. Annie has committed defamation of the college president in the form of libel. C. Annie has appropriated for commercial gain the photograph which constitutes an invasion of privacy. D. Annie has committed both defamation and invasion of privacy toward the college president. E. Annie has not committed any tort.
Annie has appropriated for commercial gain the photograph which constitutes an invasion of privacy
_____ 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.
Appropriation
A(n) _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact. A. Battery B. Assault C. Assault and battery D. Negligence E. Strict responsibility
Assault
Which of the following would constitute the privacy tort of false light? A. Attributing characteristics or beliefs to a person that he or she does not possess. B. Disclosing private facts about a person. C. Defaming a person with actual malice. D. Defaming a public figure. E. Defaming a public figure for personal gain.
Attributing characteristics or beliefs to a person that he or she does not possess
The primary type of damages in tort law is referred to as _____. A. Punitive damages B. Compensatory damages C. Nominal damages D. Accrual damages E. Perspective damages
B. Compensatory damages
Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions? A. Ben has committed a battery. B. Ben has committed both an assault and a battery. C. Ben has not committed an assault or a battery because he acted in self-defense. D. Ben cannot rely on self-defense because he was involved in the argument and not completely innocent. E. Ben cannot rely upon self-defense because his life was not in danger.
Ben has not committed an assault or a battery because he acted in self-defense
Bob, who has a large trust fund, is angry at Alice because she stopped dating him. Alice ran a successful dog grooming shop but Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break up. Which of the following is correct? A. Bob has committed the tort of unfair competition. B. Bob has committed the tort of interference with contract. C. Bob has committed the tort of unfair competition and also the tort of interference with contract. D. Bob has committed the tort of disparagement. E. Bob has not committed any tort.
Bob has committed the tort of unfair competition
Which of the following is defamation of a business product or service? A. Disparagement. B. Interference with a contract. C. Conversion. D. Derogation. E. Abuse of title. Disparagement
Disparagement
Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time? A. Forcible detention B. False imprisonment. C. Qualified imprisonment. D. Contained detention. E. False detention.
False imprisonment.
_______ and wrongful civil proceedings, serve similar functions. Both seek to compensate those wrongfully charged with either criminal or civil matters. Abuse of process is more general and applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends. There is not a tort called abuse of proceedings.
Malicious prosecution
Which of the following torts seek to compensate people wrongfully charged with either criminal or civil matters? A. Malicious prosecution. B. Wrongful civil proceedings. C. Abuse of proceeding. D. Malicious prosecution and wrongful civil proceedings but not abuse of proceeding. E. Malicious prosecution, wrongful civil proceedings, and abuse of proceeding.
Malicious prosecution and wrongful civil proceedings but not abuse of proceeding
_____ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm. A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability Negligent
Negligent
_______ occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm. In other words, the defendant is careless to someone else's detriment.
Negligent torts
Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true? A. Robby's conduct constitutes a battery. B. Robby's conduct constitutes an assault. C. Robby's conduct constitutes both a battery and an assault. D. Robby's conduct does not constitute an assault because there is no question of immediate bodily harm. E. Robby's conduct does not constitute an assault because there was no physical contact.
Robby's conduct does not constitute an assault because there is no question of immediate bodily harm
Which of the following would generally be public figures for purposes of the public figure privilege to actions for defamation? A. Politicians only. B. Entertainers only. C. Business owners only. D. Politicians and entertainers. E. Politicians, entertainers and business owners. Politicians and entertainers.
Politicians and entertainers.
___________ damages are damages awarded to punish the defendant and to deter others from similar conduct. A. Nominal B. Compensatory C. Punitive D. Retaliatory E. Revenge
Punitive
________ are protected under "shopkeeper's privilege," but the suspect cannot be held for an unreasonable length of time, and questioning must be reasonable.
Retailers
Jane is unhappy with her neighbor Sam because Sam will not allow her to swim in his swimming pool. She tells him that unless he lets her swim in the pool, she will bring an action against him for nuisance because he plays his stereo late at night at times. He refuses, and she proceeds to sue him for nuisance. Which of the following is true? A. Jane is completely within her rights and has done nothing wrong. B. Sam can sue Jane for malicious prosecution and win only if he wins the nuisance action. C. Sam can sue Jane for abuse of process and win only if he wins the nuisance action. D. Sam can sue Jane for malicious prosecution regardless of whether or not he wins the nuisance action. E. Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance action.
Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance action
A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as _______. A. Slander of quality B. Trade libel C. Libel of title D. Slander of title E. None of the above.
Slander of title
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. A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability
Strict-liability
__________ are not capable of being proved. As such they are generally not actionable as defamation.
Subjective opinions
If a defamation statement was originally broadcast by a company in the United States and was re-broadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court. TRUE FALSE
TRUE
Privilege is an affirmative defense in a defamation action. TRUE FALSE
TRUE
Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists. TRUE FALSE
TRUE
The use of moral pressure is insufficient to establish false imprisonment. TRUE FALSE
TRUE
Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom? A. Only that the statements were true. B. Only that the statements were made in Parliament. C. Only that the statements were made in court. D. That the statements were made in Parliament or court. E. That the statements were true, that the statements were made in Parliament, or that the statements were made in court.
That the statements were true, that the statements were made in Parliament, or that the statements were made in court
Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others? A. The Internet Communications Act of 2000. B. The Interactive Computer Services Protection Act of 2004. C. The Communications Decency Act of 1996. D. The Internet Communications Protection Act of 1998. E. The Blog Protection Act of 2001.
The Communications Decency Act of 1996.
Which of the following is true regarding the intent needed for an intentional tort? A. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another. B. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical injury to another. Economic injury is insufficient. C. The intent at issue is intent to harm that results in an injury, physical or economic, to another. D. The intent at issue is intent to harm that results in physical injury to another. Economic injury is insufficient. E. The intent at issue is not intent to harm and is not intent to engage in a specific act. Instead, negligence will suffice.
The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another
Which of the following it true regarding the intent needed for a battery? A. The intent of a person in making a contact is irrelevant for establishing liability. B. A plaintiff may not prove liability unless the plaintiff can establish that the defendant intended to be offensive. C. A plaintiff may not prove liability without demonstrating that the defendant intended to be offensive and also that harmful contact occurred. D. A plaintiff may prove liability without having to demonstrate that the defendant intended to be offensive, but the plaintiff must establish harmful contact. E. Accidental contact may establish a battery if economic injury is sustained.
The intent of a person in making a contact is irrelevant for establishing liability
Which of the following is true regarding the "case opener" involving the lawsuit for defamation brought by a plastic surgeon against the physician? A. The lawsuit was dismissed because of a lack of proof of an untrue statement. B. The lawsuit was dismissed because of a lack of proof that the plastic surgeon was a public figure. C. The lawsuit was dismissed both because of a lack of proof of an untrue statement and because of a lack of proof that the plastic surgeon involved was a public figure. D. The verdict was upheld because the damages were proper and the plastic surgeon was not a public figure. E. The verdict was upheld because the damages were proper and the plastic surgeon was a public figure.
The verdict was upheld because the damages were proper and the plastic surgeon was not a public figure.
Which of the following is true regarding a storekeeper who detains a suspected shoplifter? A. There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called. B. When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time. C. Whenever a retailer has a reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police. D. The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police. E. None of the above
When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time
_______ is primarily state law, so states may have slightly different definitions of each tort.
Tort law
Which of the following is true regarding tort litigation? A. Tort litigation has been declining gradually since 1990. B. Tort litigation has increased steadily since 1990. C. Tort litigation has remained constant with no real change in numbers since 1990. D. Tort litigation increased significantly in the 1990s but has declined in the last two years. E. None of the above because there is no way nationally to measure the number of cases filed.
Tort litigation has been declining gradually since 1990.
Which of the following may a person accused of defamation raise as a defense? A. Truth only. B. Privilege only. C. Need and truth. D. Need, truth and privilege. E. Truth and privilege.
Truth and privilege
Which of the following is not a typical type of compensatory damage? A. Pain and suffering. B. Cost to repair damaged property. C. Medical expenses. D. Attorney fees. E. None of the above are typical types of compensatory damages.
attorney fees
When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim. A. Simple B. Complex C. Defamation D. Absolute E. None of the above.
absolute
A person may be in ________ of physical harm but be too courageous to be afraid. An assault occurs if ________ exists, regardless of fear.
apprehension
______ mitigates the element of unwanted. A person cannot commit a battery if the other party __________ to the contact.
consent
When someone enters an industry with the sole intent of driving another firm out of business, the law punishes this act as _______.
unfair competition
A final ______ to a claim of battery is _____ of property. You can use reasonable force to ____ your property from an intruder. The use of deadly force in ______ of property is rarely, if ever, considered justified.
defense
The plaintiff in a _______ case must prove that the defendant published a false statement of a material fact about the plaintiff's product or service that resulted in a loss of sales.
disparagement
Defense of property cannot be a defense to a claim of battery. true false
false
Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact. TRUE FALSE
false
When it comes to assault, apprehension and fear are considered as the same thing. True False
false
Sometimes called the "tort of outrage," _____ of emotional distress occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to another party.
intentional infliction
_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff. A. Nominal B. Compensatory C. Punitive D. Retaliatory E. Revenge
nominal
Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______. A. with actual malice B. negligently C. in print D. publicly E. to an employer with actual malice
with actual malice
Finally, _________ occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.
strict liability torts
A _____ is a wrong or injury to another, other than a breach of contract.
tort
Consent, if proven, is a defense to battery. TRUE FALSE
true
In China, defamation can be a civil or criminal action. TRUE FALSE
true
Tort law is primarily state law. TRUE FALSE
true
