Business Law Test 1

45. 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.

36. In order to support a finding that the defendant's negligence was the proximate cause of the plaintiff's injury, it is first necessary that the defendant's conduct was: a. the actual cause of the injury. b. a negligent act. c. intended to harm the plaintiff. d. the cause of harm to the plaintiff.

a. the actual cause of the injury.

Passport and Visa are used to?

allowed to temporarily enter a company

what is RICO?

an act to criminally punish organized crimes (gangs and mafias)

what is personal property?

anything other than land

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

b. Arthur has committed the tort of libel.

35. In order to sue for battery, a plaintiff must prove that he or she has received a physical injury. a. True b. False

b. False

39. Intentional infliction of emotional distress will protect a person from abusive language and rudeness. a. True b. False

b. False

6. A person may employ deadly force to protect his property. a. True b. False

b. False

78. Which of the following is not a privilege? a. Absolute b. Federal c. Constitutional d. Conditional

b. Federal

66. There is a ____________ 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

76. Which of the following is an example of personal property? a. Coal in the ground b. Fruit on a tree c. Growing pine trees d. A board built into the wall of a house

b. Fruit on a tree

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

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

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

b. Steve is a trespasser.

37. Incompetent individuals are: a. generally held liable for their torts. b. generally not held liable for their torts. c. generally held liable if they are over 18 years of age. d. generally held liable only if the tort is also a crime.

b. generally not held liable for their torts.

9. 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. No, because marriage is a public and not a private fact, and because telling Henry's parents is not sufficient publication.

a. No, because marriage is a public and not a private fact.

84. Which one of the following is NOT one of the torts included within invasion of privacy? a. Nuisance b. Intrusion c. Appropriation d. False light

a. Nuisance

16. As used in tort law, ____________ does not require a hostile or evil motive but rather denotes that the actor desires to cause the consequences of his act. a. battery b. intent c. assault d. defamation

b. intent

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

b. libel.

1. A ____________ 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

7. A pine tree growing in a forest is a. personal property. b. real property. c. intangible property. d. converted property.

b. real property.

27. Defense of property allows a. reasonable force including deadly force. b. reasonable force but not including deadly force. c. no force.

b. reasonable force but not including deadly force.

21. Carolyn takes Steve's car to the store with his permission. While there, she meets a group of her friends who were on their way to the beach. She leaves Steve's car at the store and goes away for the entire day. If Steve successfully sues Carolyn for trespass, he will: a. recover the value of the car. b. recover the value of the time he did not have use of the car. c. recover the car's original price. d. only recover the car.

b. recover the value of the time he did not have use of the car.

22. Claudia's baby daughter Carolyn is snatched from her arms at the grocery store. The kidnapper threatened to drop the baby if the store did not hand over the contents of the vault. Claudia may: a. trip the kidnapper because she is limited to non-life threatening force. b. shoot the kidnapper since she can protect the baby in the same way as herself. c. not seriously harm the kidnapper since she is not in danger. d. only call the police since she cannot take the law into her own hands.

b. shoot the kidnapper since she can protect the baby in the same way as herself.

79. Which of the following is not a type of defense to defamation? a. constitutional privilege. b. subjective privilege. c. conditional privilege. d. absolute privilege.

b. subjective privilege.

5. A parks his car in front of his house. B pushes A's car around the corner. A subsequently looks for his car but cannot find it for several hours. B is liable to A for: a. conversion. b. trespass to personal property. c. disparagement. d. compensatory damages.

b. trespass to personal property.

57. 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.

72. Two absolute defenses to the tort of defamation are: a. truth and self-defense. b. truth and privilege. c. privilege and self-defense. d. truth and defense of property.

b. truth and privilege.

17. As with intrusion, the tort regarding public disclosure of private facts applies to private, not public information regarding an individual, but unlike intrusion it requires ____________. a. publicity b. intent c. malice d. disregard

a. publicity

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

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

15. 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 Bob, 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.

77. Which of the following is not a component of a tort? a. Proximate cause b. Breach of duty c. Restitution d. Duty

c. Restitution

87. Who owns the rivers and streams of Florida? a. The landowners on either side of the stream own to the middle. b. No one, but the landowners on either side own the land under the stream to the middle. c. The State of Florida. d. The U.S. government.

c. The State of Florida.

85. While having lunch in the cafeteria, Sid notices his best friend being picked on by the class bully, Neal. Sid picks up a handy stick, sneaks up behind Neal and knocks him unconscious. Most likely Sid has committed the tort of: a. assault only. b. assault and battery. c. battery only. d. defamation only.

c. battery only.

58. 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. conversion. d. fraudulent misrepresentation.

c. conversion.

63. The tort of ____________ is a false communication which is given to one person other than the person who is the subject of the 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

80. Which of the following is not an invasion of a person's right to privacy? a. appropriation b. unreasonable public disclosure of private facts c. defamation d. false light

c. defamation

50. One who publishes a false statement that results in harm to another's monetary interest, and the publisher knows the statement is false, is guilty of a. intrusion. b. defamation. c. disparagement. d. libel.

c. disparagement.

51. One who speaks a false statement to a third person that results in harm to another's monetary interest, and the speaker knows the statement is false, is guilty of a. slander. b. defamation. c. disparagement. d. libel.

c. disparagement.

49. One of the newer types of wrongdoing recognized as tortuous and imposing liability upon the wrongdoer for money damages is that of: a. defamation. b. appropriation. c. intentional infliction of emotional distress. d. interference with contractual relations.

c. intentional infliction of emotional distress.

25. Complete defense in a defamation suit would result from: a. lack of motive or intent. b. conditions without probable cause. c. truth d. lack of malice.

c. truth

46. Mary's defense to Cindy's suit if Cindy is an ax murderess is: a. familial privilege. b. the statement was made without malice. c. truth. d. that the dean never published the letter.

c. truth.

what is a computer crime?

computer is the target or instrument for a crime

what is false imprisonment?

confining someone against their will

What is a liability of a corporation?

corporations can be convicted of crime if commited by a high official

what is sovereign immunity?

countries cannot arrest a foreign ambassador or diplomat, only force him to leave.

what is an act of state doctrine?

countries shouldn't take another countries decisions into their own country

74. 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 and that the statement was made without malice c. That there was a conditional privilege to comment on the matter alleged to be defamatory d. All of the above

d. All of the above

75. Which of the following is a defense to an intentional tort? a. Consent b. Self-defense c. Defense of property d. All of the above

d. All of the above

55. The Hometown News snapped a picture of Tim 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. Headline read "Local citizen enjoys summer weather on lunch break." 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.

43. 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.

59. The invasion of a person's right to privacy consists of four distinct torts, which of the following does not constitute such a tort? a. Appropriation of a person's name or likeness b. Unreasonable publicity which places another in a false light in the public eye c. Unreasonable intrusion upon the seclusion of another d. Publicity, which deals with statements made by Congress on the floor of Congress

d. Publicity, which deals with statements made by Congress on the floor of Congress

47. Mary's friend, Cindy, is a movie star and in order to maintain a defamation action, she will probably have to prove the additional element of: a. false imprisonment. b. truth. c. infliction of emotional distress. d. malice.

d. malice.

44. Mary does not want her movie-star cousin Cindy to attend a school dance; Mary phones Cindy and tells her that if she leaves her house on the night of the dance, Mary will send a letter to the dean in which she'll accuse Cindy of being an ax murderess. Cindy, although she knows the accusation is false, is afraid of expulsion from the chess club and very reluctantly remains home and misses the dance. Mary has committed the tort of: a. libel. b. slander. c. false imprisonment. d. none of the above.

d. none of the above.

4. A nontrespassory invasion of another's interest in the private use and enjoyment of land is a. disparagement. b. defamation. c. trespass. d. nuisance.

d. nuisance.

23. Cliff's former roommate tells Cliff's girlfriend that he and Cliff smoked marijuana when they were roommates. Assuming the statement is true, Cliff can successfully sue for: a. defamation. b. slander. c. false light. d. public disclosure of private facts.

d. public disclosure of private facts.

60. The owner of the bottom of a lake located in Jacksonville, Florida, which has no stream flowing either into or out of it is a. the State of Florida. b. the City of Jacksonville. c. no one. d. the individual(s) who own the land surrounding the lake.

d. the individual(s) who own the land surrounding the lake.

what is a vicarious liability?

employer is liable for crime if employees commit it and it is directed/overseen/participated by the employer

what is burglary?

entry into building with intent to commit a felony

What is emotional distress?

extreme conduct that causes emotional distress

what is defamation?

false communication that injures a reputation

what is forgery?

falsify a document

What is dumping?

foreign companies sell a ton of products to the US for under market value, that's why we have tariffs and taxes

what is expropriation?

government taking private property at a fair price

what is confiscation?

government taking property at a low price or not for public use

what is assault?

intentional conduct that places a person in harms way

what is battery?

intentional infliction of harm/offense

what is conversion?

intentionally control others property

what is fraudulent misrepresentation

intentionally make a false statement to make someone act

what is bad checks

issue a check when you dont have sufficient funds

what is real property?

land and anything attached to it

What is robbery?

larceny with force or threat

what is a misdemeanor?

less serious crime, punishable with jail or fine

What is extortion?

make a threat to obtain money/property

what is a nuisance?

non trespassing interference

what is a white-collar crime?

nonviolent crime, typically deceit, corruption, or breach of trust

what are defenses to torts?

not giving consent or defending themself

What is bribery?

offer money to public official to influence decision

what is the foreign corrupt practices act?

prohibits companies from bribing other countries officials

what is the fourth, fifth, and sixth amendment?

protect against unreasonable search, protect against self-incrimination, speedy and public trial

what is OPIC?

provides US investors with overseas investment assistance. goods/services bought by them can charge more money

what is false pretenses?

providing false representation to get title to property

what is disparagement?

publicize false statements about others property

what is false light?

publicizing false info

what is public disclosure of private facts?

publicizing true and private information

what are the four defenses to a crime?

self defense, duress, mistake of fact, entrapment

what is slander?

spoken defamation

what is embezzlement?

taking anothers property, but you had the right to temporarily have possession (banker taking money)

what is larceny?

trespassing, taking away with the intention of it to be permanent

what is appropriation?

unauthorized use of another identitiy

what is intrusion?

unreasonable interference with seclusion of another

what is libel?

written/electronic defamation

What two characteristics must a crime have?

wrongful act/omission and intent/mental fault

what is trespass?

wrongfully enter and taking personal property

what is a felony?

a serious crime, punishable by prison

3. A defamatory communication which is typewritten or printed is referred to as a. libel. b. slander. c. false light. d. fraudulent misrepresentation.

a. libel.

18. Big Bucks, Inc. fires one of its employees and then, when asked for a reference on him makes some untrue statements which prevent him from finding a job. Big Bucks is liable for defamation. a. True b. False

a. True

26. Conversion is a civil form of larceny or theft. a. True b. False

a. True

29. Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests. a. True b. False

a. True

53. The Crackle Breakfast Food Company puts Arthur Attorney's picture on the Crackle box without first getting Arthur's permission. Arthur can sue for appropriation. a. True b. False

a. True

62. The same act can be both a tort and a crime. a. True b. False

a. True

69. Timothy Teenager and his friend are playing catch in the backyard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks the window. This is trespass to real property even if Tim himself does not go onto the property to get the ball. a. True b. False

a. True

71. Tort law is primarily common law. a. True b. False

a. True

8. Al, the bus driver on a cross country Greyhound, kisses Susie, a passenger, while she sleeps. Al could be sued for battery. a. True b. False

a. True

33. If a licensee remains upon land after his invitation has expired, he becomes a. a trespasser. b. a criminal. c. an invitee. d. a squatter.

a. a trespasser.

34. If a publication prints defamatory material concerning a public figure, the individual may recover compensatory damages if he can show: a. actual malice. b. negligence. c. strict liability. d. constitutional privilege.

a. actual malice.

73. Viewing the private papers or emails of another person without permission is an example of a. intrusion. b. public disclosure of private facts. c. false light. d. appropriation. e. defamation.

a. intrusion.

20. Carl Criminal 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. Carl 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 Carl for her injuries. c. Carl has committed a crime, but he is not liable for any torts. d. Carl has committed the tort of intrusion.

b. The intent to harm the agent is transferred to the secretary who can sue Carl for her injuries.

32. How far down does a landowner own the land? a. 20 feet b. To the center of the earth c. As far down as he/she can reasonably use d. Only the surface unless he/she has a separate deed for the mineral rights

b. To the center of the earth

65. The unauthorized use of another's name or likeness for one's own benefit: a. intrusion. b. appropriation. c. public disclosure of private facts. d. false light.

b. appropriation

38. Intentional conduct by one person directed at another that places the other in apprehension of immediate bodily harm or offensive contact is called a. battery. b. assault. c. false imprisonment. d. infliction of emotional distress.

b. assault.

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

b. battery.

56. The intentional control or dominion of another's personal property to the extent that the owner can not use it for a long period of time is the tort of: a. nuisance. b. conversion. c. appropriation. d. larceny.

b. conversion.

83. Which of the following requires communication to but one person other than the person who is the subject of the communication to be a tort? a. public disclosure of private facts b. defamation c. false light d. intrusion

b. defamation

70. To have the tort of false light, you must show that the information communicated was a. true, and communicated to many people. b. false, and communicated to many people. c. true, and communicated to a minimum of one other person. d. false, and communicated to a minimum of one other person.

b. false, and communicated to many people.

10. Andrew noticed Michael and his pregnant wife Catherine walking down the street and intentionally drove his car into Michael as a joke. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized for stress. a. Andrew has no liability to Catherine, because he has not committed a tort against her. b. Andrew has committed the tort of battery against Catherine. c. Andrew has committed the tort of battery against Michael but has committed no tort against Catherine. d. Andrew has committed the tort of intentional infliction of emotional distress against Catherine.

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

14. Arthur doesn't like Bradley, so he writes untrue rumors about his personal lifestyle and sexual practices which harm Bradley's reputation in the community. a. Arthur is guilty of libel. b. Arthur is guilty of defamation. c. Arthur is guilty of slander. d. Arthur is guilty of both defamation and libel.

d. Arthur is guilty of both defamation and libel.

81. Which of the following is not characterized by publication? a. False Light b. Appropriation c. Public Disclosure of Private Facts d. Defamation

d. Defamation

48. On December 2, the Houston Oilers were playing the Pittsburgh Steelers. On a particular play, the Pittsburgh defensive end who was rather frustrated because Manning, the quarterback, had completed passes for 450 yards, grabbed Manning by the faceguard, jerked Manning's helmet off and hit Manning over the head with it. Manning filed suit against the Pittsburgh defensive end. The Pittsburgh defensive end contends that he has a valid defense to this tort in that Manning consented to participate in the game. Which of the following most accurately represents the status of that defense? a. This is a valid defense. b. The defense is not valid because football is a rough game. c. The defense is not valid because football involves tackling and bodily contact and the most that could be derived from this would be a 15-yard penalty. d. The consent is not valid because of the intentional actions of the Pittsburgh end.

d. The consent is not valid because of the intentional actions of the Pittsburgh end.

11. Anita included Bob's name and photograph in a list of the FBI's top ten criminals. Bob has never been convicted of any crime and is horrified by the thought of being thought a criminal. a. This is defamation. b. This is intrusion. c. This is nuisance. d. This could be either defamation or false light.

d. This could be either defamation or false light.

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

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

42. Invasion of privacy consists of: a. appropriation. b. intrusion. c. public disclosure of private facts. d. all of the above are invasion of privacy

d. all of the above are invasion of privacy.

28. 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.

41. Intentional torts that involve interference with personal rights include: a. battery and assault. b. false imprisonment and malicious prosecution. c. defamation and invasion of privacy. d. all of the above.

d. all of the above.

64. The tort of conversion a. includes the intentional destruction of personal property. b. includes the use of personal property in an unauthorized manner. c. entitles the possessor to recover the full value of the converted property. d. all of the above.

d. all of the above.

82. Which of the following places another in apprehension of immediate bodily harm? a. infliction of emotional distress b. false imprisonment c. battery d. assault

d. assault

86. While having something to eat for lunch in the cafeteria, Neal sees Sid in a mirror, but he is unable to escape the blow. Most likely Sid has committed the tort of: a. assault only. b. battery only. c. defamation only. d. assault and battery.

d. assault and battery.

61. The publication of a knowingly false statement that results in harm to another's economic or monetary interests is a. nuisance. b. conversion. c. interference with contractual relations. d. disparagement.

d. disparagement.

2. A con artist who goes door to door and collects money for a false charity most likely commits: a. duress. b. embezzlement. c. extortion. d. false pretenses.

d. false pretenses.

24. Clyde points a toy gun at his next door neighbor and threatens to shoot. If the neighbor brings suit for assault: a. he will lose because only a toy was involved. b. he will lose because Clyde never fired the gun. c. he will win if he can show Clyde thought the gun was real. d. he will win if he can show that he reasonably believed the gun to be real.

d. he will win if he can show that he reasonably believed the gun to be real.

31. Harms or injuries that are tortuous may be inflicted: a. intentionally. b. negligently. c. without fault. d. in all of the above ways.

d. in all of the above ways.

54. The following is the intentional and improper interference with the performance of a contract by inducing one of the parties not to perform it. a. breach b. fraudulent misrepresentation c. disparagement d. interference with contractual relations

d. interference with contractual relations

40. Intentional interference with property does not include: a. conversion. b. nuisance. c. trespass to real property. d. intrusion.

d. intrusion.