Chapter 7 HW Review

The tort of abuse of process can be filed: a. only when the plaintiff or prosecution loses the preceding litigation. b. only after a criminal action. c. after the plaintiff or prosecution used a legal proceeding (criminal or civil) to accomplish a purpose for which the proceeding was not designed. d. All of these are correct.

C

The tort of appropriation requires all, except: a. unauthorized use. b. of another person's name or likeness. c. publication. d. for one's own benefit.

C

The intentional conduct by one person directed at another that places the other in apprehension of imminent bodily harm or offensive contact is the tort of: a. assault. b. intrusion. c. intentional infliction of emotional distress. d. battery.

A

The unreasonable and highly offensive interference with the solitude of another is the tort of: a. intrusion. b. nuisance. c. false light. d. appropriation.

A

Which of the following is a principal objective of tort law? a. To compensate persons who sustain harm or loss resulting from another's conduct. b. To deter onlookers from committing tortious behavior in the future. c. To incapacitate individuals who are a risk of harm to others. d. To attach a penalty to the person for the tortious behavior.

A

Fraudulent misrepresentation imposes liability for: a. monetary loss. b. justifiable reliance. c. a misrepresented fact intentionally made for the purpose of inducing the person to rely on it. d. All of these are correct.

D

In the matter of Ferrell v. Mikula, the court considered the issue of whether: a. the restaurant or the manager should have been granted a motion for summary judgment on the issue of false imprisonment of the Ferrells. b. the manager acted with malice against the Ferrells. c. the manager was experienced enough to make the determination of probable cause. d. the restaurant violated the right to privacy that the Ferrells had in driving their car.

A

Misuse of legal procedure consists of: a. malicious prosecution. b. wrongful criminal proceedings. c. intrusion. d. All of these are correct.

A

In the matter of Frank B. Hall & Co., Inc. v. Buck, the court considered what issue? a. Were the statements made by the Buck employees protected by the First Amendment? b. Is communication of defamatory statements made to another without inducement sufficient to support "publication" as an essential element of the tort? c. Did the Hall employees make the statements against Buck with malice? d. Did the Hall employees like Larry Buck as a fellow employee?

B

In the matter of Texaco, Inc. v. Pennzoil, Co., what issue did the court consider? a. Did Texaco disparage Pennzoil to Getty in reckless disregard of the truth or falsity of the statements? b. Did Texaco actively persuade Getty and the Getty Museum to sell their shares of Getty Oil after had entered into a contract for sale to Pennzoil? c. Did Texaco institute wrongful civil proceedings in an effort to get Getty to transfer his interest in the Pennzoil stock? d. Did Texaco exercise intentional dominion over the control of Getty's Pennzoil stock without their knowledge?

B

The intentional exercise of dominion or control over the personal property of another that so seriously interferes with the other's right to control is known as: a. trespass to personal property. b. conversion. c. nuisance. d. larceny.

B

This level of conduct evidences a conscious disregard of or an indifference to the consequences of the act committed. a. Intentional. b. Reckless. c. Negligent. d. All of these are correct.

B

What issue did the court consider in White v. Samsung Electronics? a. Was Vanna White a celebrity with the right of protection of her identity? b. Did Samsung exploit the value of Vanna White's identity without her consent? c. Should Samsung have paid Vanna White money after the fact of using her identity without her permission? d. Did Samsung cast a bad light on Vanna White through the publicity of its campaign with her likeness?

B

In which of the following can absolute privilege protect the defendant regardless of his intent? a. Statements regarding a third party made between spouses when they are alone. b. Statements made by members of Congress on the floor of Congress and by members of state and local bodies. c. Statements made by participants in a judicial proceeding regarding that proceeding. d. All of these are correct.

D

Intent as used in the law of intentional torts requires an infant to be liable for their intentional torts, if: a. the infant's age is such that he can form the required intent. b. the infant's knowledge is such that he can form the required intent. c. the infant is at least sixteen years old. d. both the infant's age and knowledge are such that he can form the required intent.

D

Merchants who detain shoppers suspected of shoplifting are protected in most states by statutes as long as the merchant detains the suspect with all of the following, except: a. with probable cause. b. in a reasonable manner. c. for no more than a reasonable amount of time. d. on camera.

D

The injurious falsehood which imposes liability upon one who publishes a false statement that results in harm to another's monetary interests, is the tort of: a. defamation. b. fraudulent misrepresentation. c. false light. d. disparagement.

D

The intentional infliction of harmful or offensive bodily contact is the tort of: a. infliction of emotional distress. b. assault. c. false imprisonment. d. battery.

D

With respect to the tort of trespass to personal property, liability is limited to which of the follow instances? a. The trespasser dispossesses the other of the personal property. b. The trespasser substantially impairs the condition, quality, or value of the property. c. The trespasser deprives the possessor of the use of the property for a substantial time. d. Any of these are correct.

D