Exam 2
The use of someone's photo for commercial purposes without their permission is invasion of privacy.
True
The use of someone's voice for commercial purposes without their permission is appropriation
True
There are three invasion of privacy torts.
True
Slander is oral defamation.
True
Businesses are never liable for criminal activity on their premises.
False
Comparative negligence, if established, is a complete defense to negligence.
False
Contract interference is remedied by a suit for breach of contract.
False
Driving with brakes in need of replacement is not a breach of duty.
False
Invasion of privacy is a tort of negligence.
False
Malice is a required element in all defamation cases.
False
Negligence is available as a tort remedy only when the breach of duty is a statutory violation.
False
Newspapers have an absolute privilege with respect to defamation suits.
False
Non-public figures need not prove publication in their suits for defamation.
False
Only libel requires proof of publication.
False
"Car dealers are crooked" is an example of actionable defamation.
False
"Negligence in the air" is the standard of liability the Palsgraf case established.
False
A newspaper running a picture of Julia Roberts' twins has invaded her privacy.
False
A tort is a private wrong carrying criminal penalties.
False
Proximate cause is the same thing as causation.
False
Some damages other than emotional damages must be established for the tort of intentional infliction of emotional distress.
False
Testimony in a court room is not privileged for purposes of defamation actions.
False
The Palsgraf case expanded the notion of causation.
False
The disclosure of private but true facts is not an invasion of privacy.
False
The tort of false imprisonment requires proof of some actual injury.
False
To establish the tort of false imprisonment, there must have been some physical harm.
False
Speeding is a breach of duty for negligence purposes.
True
The failure to follow industry code is a breach of duty.
True
The media have a qualified privilege in defamation cases.
True
The purpose of causation is to tie the breach of duty to the resulting injury.
True
The shopkeeper's privilege is a defense to false imprisonment if the detention is reasonable.
True
The tort of contract interference requires knowledge of an existing contract between two parties.
True
The use of someone's photo for commercial purposes without their permission is appropriation.
True
In most states, letters of reference are exempt from liability for defamation.
True
It is possible that those who write letters of recommendation could have liability for the content of those letters.
True
Members of Congress enjoy an absolute privilege for their speech while on the floor.
True
Public figures must prove malice to establish a case of defamation against a newspaper.
True
Qualified privilege statutes protect those with a moral obligation to speak
True
Running a red light is a breach of duty for negligence purposes.
True
A breach of duty can still be established for negligence cases even when the defendant has complied with the law.
True
A false statement that impeaches someone's honesty is defamatory.
True
A newspaper photographer entering a delivery room and taking a picture of Julia Roberts delivering her twins has invaded her privacy.
True
All states provide some form of immunity for people who stop and help but make mistakes in offering their assistance.
True
Asking buyers to break their existing contracts with other suppliers is tortious interference.
True
Assumption of risk is a complete defense to negligence.
True
Contributory negligence, if established, is a complete defense to negligence.
True
For public figures the media has a qualified privilege.
True
The Arizona Daily Desert View carried a story on a recent E-Coli problem in a Phoenix fast food restaurant. The story included a history of Arizona E-Coli incidents and indicated that the Saguaro Grill had an E-Coli problem in 1999 that resulted in the hospitalization of seven customers. Suppose that the restaurant that had the E-Coli outbreak in 1999 was Saguaro Buffet, not the Saguaro Grill. The Arizona Daily Desert View: a. is liable to the Saguaro Grill for libel. b. is liable to the Saguaro Grill for defamation. c. is liable to the Saguaro Grill for invasion of privacy. d. none of the above.
a.
The distinguishing element between intentional torts and negligent torts is: a. intent. b. level of damages. c. causation. d. All of the above are distinctions.
a.
Which of the following defenses to negligence serves as a complete bar to recovery? a. comparative negligence b. contributory negligence c. both a and b d. none of the above
b.
Which of the following is/are HIPAA requirements? a. No computer use for health care information transmittal. b. Patient right of access to records. c. Use only of postcards for communication. d. a, b and c
b.
Which of the following is not an intentional tort? a. battery b. false imprisonment c. invasion of privacy d. negligence
d.
Troy Nolan, age 17, was in a Games and Stuff store browsing. Troy frequented Games and Stuff but did not always make a purchase. After 45 minutes of looking, Troy picked up his skateboard, put his hand in his pocket, and headed toward the door. The day manager yelled from the back of the store to the cashier at the front of the store, "Stop the kid with the skateboard. He's stolen two games." There were 22 people in the store who heard the statement. Troy had not taken the games. Troy: a. will be successful in a defamation suit against Tower. b. has no course of action because of the shopkeeper's privilege. c. has no basis for recovery. d. could recover only for false imprisonment.
a.
Ms. Leitch was having a glass of champagne in the outdoor section of a restaurant in Delray Beach, Florida on New Year's Eve. She was hit by a stray bullet and injured. There had been stray bullet injuries in the past on the streets of Delray on New Year's Eve, but the city did not issue any warnings to revelers prior to New Year's Eve. Ms. Leitch has filed suit against the city of Delray Beach to recover for her medical costs, lost wages, and physical pain and suffering. What will the city use as a defense in the case? a. That the stray bullet incidents were remote and isolated. b. That Ms. Leitch was contributorily negligent for being in an outside area of a restaurant on New Year's Eve in Delray Beach. c. That you cannot be held liable for the criminal activities of third parties. d. That there is strict liability for wounds from guns within city limits.
a.
Which of the following have an absolute privilege against defamation for their speech? a. a senator while speaking on the floor of the Senate b. a newspaper c. neither a nor b d. both a and b
a.
Representative Pete Stark said the following in a speech on the floor of the U.S. House of Representatives, "You're going to spend it to blow up innocent people if we can get enough kids to grow old enough for you to send to Iraq to get their heads blown off for the president's amusement." Representative Stark: a. is protected from defamation liability because of the privilege for elected officials. b. is liable to the president for defamation because the statement was not related to government issues. c. is not liable for defamation because of the public figure privilege. d. both a and c
a.
The "But for" test: a. is the test for causation. b. is the test for proximate cause. c. has been eliminated as the causation test in negligence cases. d. none of the above
a.
Whistle-blowers may have some statutory protection by receiving a(n): a. qualified privilege. b. absolute privilege. c. absolute immunity. d. unqualified privilege.
a.
Ms. Leitch was having a glass of champagne in the outdoor section of a restaurant in Delray Beach, Florida on New Year's Eve. She was hit by a stray bullet and injured. There had been stray bullet injuries in the past on the streets of Delray on New Year's Eve, but the city did not issue any warnings to revelers prior to New Year's Eve. Ms. Leitch has filed suit against the city of Delray Beach to recover for her medical costs, lost wages, and physical pain and suffering. What will Ms. Leitch use to establish duty in her negligence case against the city? a. That the city was aware of the stray bullet problem but did not issue warnings. b. That the city did not control stray gun fire. c. That the city allowed outdoor areas in restaurants there. d. That the city did not prohibit guns in the streets.
a.
A local liquor store posts the checks of customers that are returned from the bank. The store manager says the public display of the checks is a good way to deter other bad-check writers. The display of the checks is: a. an invasion of privacy. b. defamation. c. protected by a qualified privilege. d. none of the above
a.
A-Plus Linens sent the following notice to John C. Lincoln Hospital: "We'll pay you. Drop your current linen service and we'll give you $5 for every 100 pounds of linen you send our way." The notice sent by A-plus: a. is contract interference. b. is defamatory. c. is invasion of privacy. d. none of the above
a.
Cindy Bonfield posted the following on her Facebook, "My friend Eliza just stole an Apple phone from Walmart. Can you believe it?" Eliza was working at the time and did not steal the phone. Which of the following statements is true? a. Cindy has defamed Eliza. b. Cindy has not defamed anyone because not many people would know who Eliza is. c. Cindy was just mistaken and is not liable for defamation. d. none of the above
a.
Galley, Inc. has a contract for operating the kitchen at the Palm Crest Hotel in Miami, Florida. Mealco has approached Palm Crest's director of operations and stated, "Look, sign with us. We'll take care of whatever damages you owe Galley." Suppose Mealco added the following phrase, "Galley is going under fast. They haven't paid rent in five months and their rent is $15,000 per month." Galley is current on its rent, and its rent is $5000 per month. Mealco's statements: a. are defamatory. b. constitute the tort of negligence. c. are covered under the shopkeeper's privilege. d. none of the above
a.
Hamburger Hamlets, Inc. is a chain of fast-food restaurants. Its major competitor is Sam's Sandwiches, Inc. Sam's Sandwiches' public relations vice president issued the following statement, "We have documented proof that Hamburger Hamlets uses horse meat in its burgers." Which of the following statements is true? a. Sam's is liable for defamation. b. Sam's is liable for public disclosure of private facts. c. Sam's is liable for negligence. d. Sam's has not committed a tort.
a.
How many people must have heard or read a statement for there to be publication for purposes of defamation? a. one b. at least two c. there must be widespread community knowledge d. it must be heard simultaneously by at least two people
a.
John Reisen posted the following message in a chat room, "MIC Corporation will have to restate its earnings for the past three years. Its CEO will resign in disgrace because he is responsible." The message is false and MIC Corporation's shares lose 45% of their value before the company can stop the rumor. a. Reisen has committed the tort of defamation. b. Reisen has not committed the tort of defamation because there is no publication. c. Reisen has not committed defamation because there are no damages to the company, only the shareholders. d. both b and c e. none of the above
a.
Contract interference: a. requires involvement by more than one third party. b. requires proof of intent to interfere. c. is a federal crime. d. requires proof of misappropriation.
b.
Galley, Inc. has a contract for operating the kitchen at the Palm Crest Hotel in Miami, Florida. Mealco has approached Palm Crest's director of operations and stated, "Look, sign with us. We'll take care of whatever damages you owe Galley." Mealco's statements: a. are defamatory. b. constitute the tort of contract interference. c. constitute the tort of negligence. d. none of the above
b.
In an opinion column published in wallstreetbuzz.com, a columnist wrote, "James Jackson, CEO of Blain Investments, now posting an $8 billion write-down, has robbed shareholders blind through his accounting slights of hand. Jackson insists that he has scruples. I don't know about that but if he does have scruples you can bet they belong to somebody else." The columnist: a. has committed the tort of libel. b. is protected from defamation liability under the opinion/analysis quasi-privilege. c. cannot be protected from defamation liability by the opinion/analysis privilege if the statement was published. d. none of the above
b.
James Keller was an employee at Radical Boards, Inc. Radical Boards is a surf and skateboard shop that also sells clothing. While employed there, Radical Board's principal shareholder discovered that Keller had created peep holes in the shop's dressing rooms. When confronted with the peep holes, Keller denied every using them and indicated that they were there to prevent shoplifting. The shop manager was told to fire Keller. Shortly after Keller left, a 16-year-old and her mother filed suit because the teen learned, through conversations with Keller, that he had seen her in the dressing room while she was trying on swimming suits. Keller was able to describe her not-generally-seen birthmarks to her. Radical Boards: a. cannot be held liable to the teen and her mother because it did engage in the conduct. b. could be held liable under a theory of negligent failure to supervise. c. is no longer liable because it terminated Keller. d. has not committed any tort because watching customers in dressing rooms in part of a merchant's right. e. none of the above
b.
Jane Mitchell, age 16, was shopping at her neighborhood Osco Drug Store. She had been looking at magazines as she waited for a friend. She decided to purchase a Tiger Beat magazine and then wait for her friend outside the store. She paid for the magazine, but as she headed for the door, the store manager used the store's loudspeaker system to announce, "You, with the green hair and the maroon Converse shoes on. Yes, you, by the front of the store. I saw you take that magazine. Stop right there. I have a gun pointed at you." The manager's actions: a. are protected by the shopkeeper's privilege. b. constitute defamation. c. were excessive but will not result in any liability. d. none of the above
b.
On the floor of the U.S. Senate, Senator Harry Reid said of then presidential candidate Mitt Romney, "He has not paid his taxes in years." Which of the following statements is true? a. The statement is defamation and actionable. b. The statement is defamation, but is privileged. c. The statement is not defamatory because it was made during a presidential campaign. d. The statement is defamatory, but requires proof of malice because Mr. Romney was a public figure.
b.
Punitive damages are: a. generally not available in tort cases. b. often awarded in cases of contract interference. c. only available in negligence actions. d. none of the above
b.
Suppose that Radical Board's manager simply verifies employment for the camp director. During Keller's first month at the camp, he is able to gain access to the girls at night and sexually assaults three of them. The girls' parents have brought suit against the camp as well as Radical Boards. The camp: a. is not liable for the criminal conduct of employees that was not authorized. b. might be liable for negligent hiring. c. has no liability for conduct of employees after hours. d. both a and b e. none of the above
b.
The shopkeeper's privilege applies: a. regardless of the amount of time the shopper is detained. b. even if the shopkeeper made a good-faith mistake. c. only if a security guard is used by the store. d. all of the above
b.
The tort of false imprisonment: a. requires proof of some actual damage to the plaintiff. b. is also known as the "shopkeeper's tort." c. requires proof of emotional distress. d. no longer exists in states that have adopted the shopkeeper's privilege.
b.
Which of the following constitutes a defamatory statement (assuming the statements are untrue)? a. "I don't think you'll be happy with their work." b. "He was dismissed for embezzlement from his last job." c. "I don't care for him at all." d. "All people from Kentucky are stupid."
b.
A magazine ad features a photo of the head of Albert Einstein placed atop the photo of a young, muscular torso with loads of tattoos and the top of his underwear showing. The ad is one for General Motors and features the line, "Ideas are sexy, too." The Hebrew University of Jerusalem was given the rights to Mr. Einstein's works and names by his family when he died. GM says that it purchased the rights to use the Einstein photo from a reputable licensing firm. What would be the basis of a suit by the University against General Motors? a. Defamation b. Intrusion into private affairs c. Appropriation d. Strict liability
c.
A retail store: a. has no duty to protect customers from criminal conduct by third parties. b. owes its customers duties as licensees. c. owes its customers duties as invitees. d. need not protect its customers against problems it has knowledge of.
c.
If a defendant in a defamation suit holds a qualified privilege: a. the defendant has a complete defense to the suit. b. the defendant cannot be sued if he/she retracts the statement. c. the plaintiff will be required to prove additional elements to recover. d. the defendant enjoys higher protection than the absolute privilege.
c.
In Van Horn v. Watson, the court concluded that in California the Good Samaritan laws: a. do not exist. b. apply to anyone helping another injured person. c. apply to anyone offering medical care in good faith at the scene of a medical emergency. d. apply to anyone offering medical care to another person.
c.
Ms. Leitch was having a glass of champagne in the outdoor section of a restaurant in Delray Beach, Florida on New Year's Eve. She was hit by a stray bullet and injured. There had been stray bullet injuries in the past on the streets of Delray on New Year's Eve, but the city did not issue any warnings to revelers prior to New Year's Eve. Ms. Leitch has filed suit against the city of Delray Beach to recover for her medical costs, lost wages, and physical pain and suffering. What might explain why the restaurant isn't named in the lawsuit? a. The restaurant owes no duty of safety to customers. b. Restaurants are never liable for the criminal activities of third parties. c. There had never been an injury in the outside area of the restaurant. d. That there was assumption of risk on Ms. Leitch's part.
c.
On a radio talk show, the host said, "That no-good felon, O.J. Simpson." Mr. Simpson has been convicted of a felony. a. The talk show host has defamed Mr. Simpson. b. Because most people believe Mr. Simpson to be a murderer, there is no defamation. c. The talk show host enjoys the media qualified privilege. d. both a and c
c.
Proximate cause: a. is the same as causation. b. need not be proved in every negligence case. c. was established in the Palsgraf case. d. is no longer an element of negligence.
c.
The statement, "All used-car dealers take advantage of customers" is: a. defamation because it meets the requirement that the statement reflect on the honesty of the business. b. defamation because the businesses are sufficiently identified. c. not defamation. d. defamation so long as there was publication.
c.
This term is given to witnesses who do nothing while a crime is being committed out of fear, apathy, or a mistaken belief that someone else will help the victim. a. Watcher effect b. Stockholm effect c. Bystander effect d. Richmond effect
c.
Which of the following does not enjoy an absolute privilege to charges of defamation? a. members of Congress while speaking on the floor b. witnesses in a court hearing c. newspaper reporting witness testimony from a trial d. All of the above carry absolute privileges.
c.
Which of the following is not an element of negligence? a. duty b. breach of duty c. reckless disregard d. causation
c.
Which of the following statements best describes the property protection given a singer's voice? a. No protection is given since it is intangible. b. No protection is given because many people legitimately sound like famous singers. c. The voice is given the same protection as the face or likeness. d. none of the above
c.
Which of the following statements would qualify for a defamation action (assuming the statement is false)? a. "All corporate types are selfish." b. "Accountants will sign off on anything." c. "Jones pled guilty to a violation of campaign contribution laws." d. All of the above qualify for a defamation action.
c.
Which of the following would not be classified as libel? a. a newspaper article with untrue statements b. a letter with untrue statements sent to only one person c. a true statement d. a speech at a Veteran's Day parade
c.
Which of the following is prohibited under HIPAA? a. Patients' right to restrict disclosure and discussion of a hospital stay. b. A computer screen in a doctor's office turned toward the waiting room. c. Calling a patient at work who has requested no calls there. d. all of the above
d.
____ states provide a qualified privilege for letters of recommendation. a. All b. No c. A few d. Nearly all
d.
James Keller was an employee at Radical Boards, Inc. Radical Boards is a surf and skateboard shop that also sells clothing. While employed there, Radical Board's principal shareholder discovered that Keller had created peep holes in the shop's dressing rooms. When confronted with the peep holes, Keller denied every using them and indicated that they were there to prevent shoplifting. The shop manager was told to fire Keller. Shortly after Keller left, a 16-year-old and her mother filed suit because the teen learned, through conversations with Keller, that he had seen her in the dressing room while she was trying on swimming suits. Keller was able to describe her not-generally-seen birthmarks to her. Radical Boards: a. has no liability to the girls or their parents. b. enjoys an employer privilege and immunity against such litigation. c. might be held liable for the negligent failure to disclose Keller's history. d. has no liability for the subsequent acts of terminated employees. e. none of the above
c.
Keller has applied for a position at a summer camp for girls, ages 14-18. The camp director had called Radical Board's manager and asked for a reference on Keller. a. Radical Board has no liability if it simply verifies Keller's employment there. b. Radical Board has liability for its failure to prosecute Keller. c. Radical Board has no liability for the actions of employees beyond their job description. d. Radical Board enjoys a privilege against defamation if it discloses the peep hole story. e. none of the above
d.
Public figures: a. can never have an action in defamation. b. lose their defamation action rights if the remark or information is part of a story. c. can seek a retraction, but can never recover damages for defamation. d. must establish malice in order to recover damages for defamation.
d.
Shirley Raphart was using the crosswalk on a street near her office. The light was red, but Shirley stepped in to the crosswalk anyway because she was texting. Janice Godfrey, who was driving her car in the other direction, had a green light and did not see Shirley because she also was texting. Janice struck and injured Shirley, who was hospitalized. Shirley brought suit against Janice. Which of the following statements is true? a. Neither one can recover because they both breached their duties regarding safety. b. Shirley can recover for Janice's breach of duty because pedestrians always win over vehicles. c. Shirley has a defense of contributory negligence. d. Janice has a defense of contributory negligence.
d.
Singer Courtney Love tweeted several posts on her Twitter feed as well as her MySpace page that a clothing designer "bullied victims, stole, sold drugs, drank three bottles of vodka," and "is a danger to society." The designer sued Ms. Love for defamation. Which of the following would be a defense for Ms. Love? a. That the statements were made on social media. b. That she is a public figure and enjoys a privilege for her communications. c. That there is no publication because Tweets and MySpace communications are not permanent. d. That the statements are true.
d.
Suppose A-Plus Linens sent the following notice to John C. Lincoln Hospital: "On your next call for bids, call us. We'll give you a $5 discount for every 100 pounds of linen we clean for you." The notice sent by A-Plus: a. is contract interference. b. is defamatory. c. is invasion of privacy. d. none of the above
d.
The tort of intentional infliction of emotional distress: a. requires proof of some physical harm before there can be recovery. b. is the same as the tort of false imprisonment. c. is a property tort. d. requires proof of conduct that exceeds all bounds of decency.
d.
What advice would you give to a friend who has been asked to write a letter of recommendation for an employee who was not a good employee, but who was not told of her poor performance? a. Write the letter and say all good things. b. Write the letter and tell all the mistakes the employee made. c. Write the letter and say she would not rehire the employee. d. Explain to the employee the issues and let the employee decide whether to have her write the letter.
d.
