Chapter 8 - SB

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?

absolute

Which tort applies to the misuse of legal procedure to achieve a different goal than it intends?

abuse of process

Privilege is an affirmative defense in a defamation action; with an affirmative defense, the defendant ______ to the accusation, but argues there is a reason he should not be held ______. (Choose TWO correct answers)

admits liable

An intentional, unwanted, offensive bodily contact is known as ______.

battery

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?

compensatory

Under ______ privilege, a party will not be held liable for defamation unless the false statement was made with actual malice.

conditional

Defenses available in an action for battery include ______, self-defense, defense of others, and defense of property.

consent

Conversion occurs when a person permanently removes personal property from the owner's ______ and ______.

control possession

Which of the following torts occurs when a person permanently removes personal property from the owner's possession and control?

conversion

Tort litigation has been ______ since 1990.

declining gradually

The intentional publication (or communication to a third party) of a false statement harmful to an individual's reputation is known as: ______.

defamation

Statements so inherently harmful that general damages are presumed are known as ______ per se. (Choose TWO correct answers)

defamation slander

Intentional torts occur when the ______ takes an action intending certain consequences or knowing they are likely to result.

defendant tortfeasor

To prove the tort of fraudulent misrepresentation occurred, the injured party must demonstrate that he or she ______ relied on the defendant's misrepresentations.

reasonably

Defamation is the intentional publication (or communication to a third party) of a false statement harmful to an individual's ______. -reputation -privacy -marketing campaign -character

reputation character

_______ of title is a false statement related to the ______ of business property. (Choose TWO correct answers)

slander ownership

Nominal damages are a(n) ________ (small/large) amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages.

small

A criticism of the quality, honesty, or reputation of a business or its product is called slander of quality if: _______.

spoken

What type of 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?

strict-liability

Negligent torts occur when the defendant acts in a way that subjects other people to a(n) ______ risk of harm.

unreasonable

Critics of the tort of food disparagement refer to it as ______ libel.

veggie

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

willfulness

Consent ______ the element of unwanted. A person cannot commit a battery if the other party consented to the contact.

mitigates

Which of the following damages are awarded to deter similar activity by the defendant and others?

punitive

The tort of _______ competition exists because United States law protects businesses acting on the ______ motive.

unfair profit

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.

5

Which of the following is true of a negligence tort?

A defendant commits a negligence tort when he is careless to someone else's detriment.

Matt intends to throw a baseball at Jamal and hit Jamal in the head with the ball because he missed an easy fly ball hit to him in the field. Jamal is standing directly next to Sally in the dugout. Matt throws the baseball but hits Sally in the head instead of Jamal. What type of tort did Matt commit against Sally?

An intentional tort because even though Matt meant to hit Jamal, he still caused harm by hitting Sally.

Assuming other requirements have been satisfied, the _______ (CAFA) grants original jurisdiction to the federal courts over any civil action brought as a "class action" with at least ______ class members.

Class Action Fairness Act 100

Kyla is working at her office one day when her very upset roommate Katrina calls. Katrina tells Kyla that she knows that Kyla stole her money and is sending her boyfriend Jacob to get the money back. Kyla locks herself in her office because she is fearful of Jacob. What torts did Katrina commit? - assault only - battery only - assault and battery - assault, battery and defamation - None of the above specific torts occurred

None of the above specific torts occurred

_______ damages are awarded to punish the defendant and to deter others from similar conduct.

Punitive

If Rosario says Bill is a convicted felon and he is, which of the following statements correctly states Rosario's liability for defamation?

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

Samantha creates photos featuring an unflattering photograph of the president of the college she attends and sells them outside of class for extra money. She did not obtain permission to use the photograph. Which of the following is true?

Samantha has appropriated the photograph for commercial gain, which constitutes an invasion of privacy.

Which of the following is a commonly recognized objective of tort law?

Satisfy our collective sense of right and wrong

______ of ______ is a false statement related to the ownership of business property. (Choose TWO correct answers)

Slander Title

What type of spoken defamation is so inherently harmful that general damages are presumed?

Slander per se

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

Strict liability torts

What did the court rule in regard to the plaintiff's claim of intentional infliction of emotional distress in Olson v. CenturyLink, the case in the text in which the plaintiff alleged that representatives of the defendant, a provider of telephone services, wrongly failed to process his application, disconnected his telephone service, and hung up on him during telephone conversations?

That the conduct complained of by the plaintiff failed to meet the level of conduct required for a finding of the intentional infliction of emotional distress.

Which of the following is not true in regards to the innocent dissemination defense of online service providers (OSPs) in Canada?

The defendant paid for the information that they authored or printed.

Which statement is true regarding the intent required for an intentional tort?

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 or economic injury to another.

Which of the following is an accurate statement regarding the degree of force permissible in self-defense?

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

What is the primary objective of tort law?

To provide compensation for injured parties

What, if any, defenses are available to a person who has been accused of defamation?

Truth and privilege

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: _______. -disparity between the actual or potential harm suffered by the plaintiff and the punitive damage award -difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases -difference between the amount of nominal damages and the amount of compensatory damages awarded at the trial court level -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

______ 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.

disparagement

The torts of __________ and _______ both involve the making of a false statement. (Choose TWO correct answers)

disparagement defamation

The degree of force permissible in defense of others is _______ to the degree of force permissible in ______-defense. (Choose TWO correct answers) equal property self proportional

equal self

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

false imprisonment

An assault occurs when one person places another in ______ or ______ of an immediate, offensive bodily contact. (Check TWO correct answers)

fear apprehension

The tort of _____ (also called ______) provides ranchers and farmers with a cause of action when someone knowingly makes false, damaging statements about a food product. (Choose TWO correct answers)

food disparagement veggie libel

Strict liability torts occur when the defendant takes an action that is ______ dangerous.

inherently

Fraudulent misrepresentation is a(n) ______ tort.

intentional

Torts against persons are ______ acts that harm an individual's physical or mental integrity.

intentional

______ torts occur when the defendant takes an action intending certain consequences or knowing they are likely to result.

intentional

In _______ with contract litigation, the plaintiff must prove the ______ knew of the existence of the contract. (Choose TWO correct answers)

intentional interference defendant

Which type of tort is the most willful of torts?

intentional torts

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.

intentionally injured

A person commits trespass to personal property by ______ with the owner's right to use it.

interfering

Intentional torts occur when the defendant takes an action ______ certain consequences, or ______ they are likely to result.

knowing intending

Which of the following is not a requirement of battery? Offensive Unwanted Larcenous Intentional

larcenous (all others are requirements of batteries, this has nothing to do with battery)

If defamation is published in permanent form, it is known as

libel.

The degree of force your brother could use in defending you is ______ to the degree of force you could use yourself.

limited

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 ______.

malice

_______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.

nominal

An assault occurs when one person places another in fear or apprehension of an ______, ______ bodily contact. (Check ALL that apply)

offensive immediate harmful

Slander is a form of defamation that is communicated: _______.

orally

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

pain and suffering medical expenses lost wages

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

potential future causes of action

If defamation is ______ in a permanent form, such as in a magazine or newspaper, it is known as libel. (Check ALL that apply)

printed published written

Commonly-recognized defenses to a defamation action include ______ and ______. (Choose TWO correct answers)

privilege truth

It is no defense to _______ of realty that you believed you had a legal right to be on the property because the _______ refers to intentionally being on that particular piece of land.

trespass intent