Bus Law Ch. 7

An absolute privilege exists to protect which of the following defendants in defamation cases? a. Members of Congress on the floor of Congress. b. Statements made by the President of the U.S. in the discharge of official duty. c. Statements about a third party made to one's spouse when the couple is alone. d. All of the above.

All of the above.

A radio communication that meets the test of defamation may also be categorized as: a. false light. b. slander. c. libel. d. intrusion.

c. libel.

Business torts consist of: a. interference with contractual relations. b. disparagement. c. fraudulent misrepresentation. d. All of these are correct.

d. All of these are correct.

The tort of __________ is a false 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

Intentional harm to property includes the torts of: a. trespass to real and personal property. b. nuisance. c. conversion. d. All of the above.

All of the above.

Harms or injuries that are tortious may be inflicted: a. intentionally. b. negligently. c. without fault. d. All of these are correct.

All of these are correct.

Invasion of privacy consists of: a. appropriation. b. intrusion. c. public disclosure of private facts. d. All of these are correct.

All of these are correct.

Intentional harm to the person includes which of the following torts? a. Assault. b. Nuisance. c. Conversion. d. All of the above.

Assault.

Intent as used in the law of intentional torts requires the defendant to: a. have knowledge or reckless disregard of the negligence of her action. b. desire to cause the consequences of her action. c. believe the consequences are substantially certain to result from her action. d. Both (b) and (c).

Both (b) and (c).

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

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

A false communication made with knowledge of its falsity and with the intent to induce another to act is known as: a. disparagement. b. fraudulent misrepresentation. c. defamation. d. invasion of privacy.

fraudulent misrepresentation.

In an article about a prominent judge, a newspaper indicates that the judge had organized crime connections. The judge sues. The judge will have a cause of action: a. if the suit is for defamation and the newspaper responsibly checked its sources. b. if the suit is a suit for intrusion. c. whether or not the newspaper checked its sources as long as the information printed is ultimately found to be untrue. d. if the statement, which was untrue, was made with malice.

if the statement, which was untrue, was made with malice.

Francenie was digging a trench to install a drainage pipe along her property line and in the process, she had to tunnel under a small area on her neighbor's property. The entry onto the neighbor's property: a. cannot be a trespass because it was beneath the surface of the land. b. is not a trespass unless there was some actual damage to the neighbor's land. c. is a trespass. d. is not a trespass if Francenie was under the reasonable belief that she owned all of the land on which she was digging.

is a trespass.

Cameron doesn't like Bradley, so at a cocktail party he spread untrue rumors about Bradley's lifestyle. These rumors harm Bradley's reputation in the community. Cameron: a. is guilty of libel. b. is guilty of slander. c. cannot be subject to a defamation suit brought by Bradley. d. is protected by the First Amendment to the Constitution.

is guilty of slander.

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, she will: a. lose if there was another exit she could have used. b. lose because she was not harmed by the confinement. c. win even if there was another way out because she was, in effect, being confined to the Civic Center. d. win because they were blocking her passage to her car.

lose if there was another exit she could have used.

A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if the: a. movie star was in a restaurant at the time. b. pictures were not published. c. movie star was in bed at the time. d. photographer never entered onto the movie star's property.

movie star was in a restaurant at the time.

Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not show to anyone else. Ashley has committed: a. the tort of slander. b. the tort of libel. c. neither libel nor slander, because there has been no publication of the letter. d. the tort of false light.

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

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

the tort of libel.

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.

trespass to personal property

A newspaper article hints that a certain corporation is a front for illegal activity. The corporation: a. will lose a defamation suit because only natural persons can successfully bring defamation suits. b. will likely win a defamation suit if the statement is untrue. c. will likely lose a defamation suit because the press has an absolute privilege in this type of case. d. can win an invasion of privacy suit even if the statement is true.

will likely win a defamation suit if the statement is untrue.

Most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect: a. without physical discomfort. b. with probable cause, in a reasonable manner, and for not more than a reasonable time. c. for no more than thirty minutes. d. in a way that will not cause embarrassment or physical injury to the suspect.

with probable cause, in a reasonable manner, and for not more than a reasonable time.

With respect to the tort of conversion, which of the following statements is true? a. Conversion is an intentional exercise of dominion over another's real property that so seriously interferes with the right of control as to justly require the payment of damages. b. All conversions are nuisances. c. All trespasses are conversions. d. None of the above.

None of the above.

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.

Nuisance.

A significant trend affecting business has been the bringing of defamation suits against former employers by discharged employees. Such suits comprise approximately what share of all defamation lawsuits? a. One fifth. b. One fourth. c. One third. d. One half.

One third.

Sarah joined a religious cult while a student at college. 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. In this case: 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 abuse of process. d. Sarah's parents are guilty of intrusion but not of false imprisonment.

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

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

b. Steve is a trespasser.

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

battery.

Mark 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. Mark: a. cannot be liable to the secretary for any torts because he did not intend to hurt her. b. can be sued by the secretary for her injuries based on an intentional tort cause of action because Mark's intent to harm the agent is transferred to the secretary. c. has committed a crime, but he is not liable for any torts. d. has committed the tort of intrusion.

can be sued by the secretary for her injuries based on an intentional tort cause of action because Mark's intent to harm the agent is transferred to the secretary.

Andrew noticed Michael and his pregnant wife Georgette walking down the street and, as a joke, drove his car within inches of Michael. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy. Andrew has: a. no liability to Georgette, because he has not committed a tort against her. b. committed the tort of battery against Georgette. c. committed the tort of battery against Michael but has committed no tort against Georgette. d. committed the tort of intentional infliction of emotional distress against Georgette.

committed the tort of intentional infliction of emotional distress against Georgette.

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.

conversion.