ch 7 - intentional torts

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

a. malicious prosecution.

A photographer taking videos of a movie star with a cell phone would not be guilty of intrusion if the: a. movie star was having her star unveiled on the "Walk of Fame." b. videos were taken when the photographer entered the star's home through a gap in a privacy fence. c. movie star was in her dressing room at the time. d. photographer entered onto the movie star's property.

a. movie star was having her star unveiled on the "Walk of Fame."

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

a. publication.

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

a. battery.

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. conversion. b. trespass to personal property. c. nuisance. d. larceny.

a. conversion.

Andy and his family are next door neighbors to Fred. There is a direct route across Fred's lawn to Andy's school. Andy's parents have obtained Fred's permission for Andy to walk across the lawn each day he walks to school. One day Andy brings his soccer team across Fred's yard, and they stop to play soccer on Fred's yard: a. Andy's friends are not liable of trespass to real property, because they were with Andy. b. Andy and his friends are liable of trespass to real property, because they played soccer in Fred's yard. c. Andy is liable of trespass to real property, because he walked across Fred's yard. d. Andy is not liable of trespass to real property, because he had Fred's permission to cross the yard.

b. Andy and his friends are liable of trespass to real property, because they played soccer in Fred's yard.

Roger fires a gun in the middle of the desert. He intends to fire the gun, but has no reason to believe anyone else is in the area. Little does Roger know, but Dalton is standing in the distance and can see Roger aim the gun in his direction. Seeing this causes Dalton fear of imminent injury. If the bullet hits Dalton: a. Roger has committed the tort of intentional infliction of emotional distress. b. Dalton can sue Roger for both assault and battery. c. Dalton can sue Roger for the tort of assault. d. Dalton can sue Roger for the tort of battery.

b. Dalton can sue Roger for both assault and battery.

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. Reckless.

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

b. intrusion.

The Hometown Gazette is the local paper in the town where Tim lives and attends college. One warm day, Sam decided to take a nap under a tree on campus. A photographer from the Hometown Gazette snapped a picture of Sam as he was sleeping under the tree on campus. They printed the picture on the front page of the paper. The caption under the picture was about the weather and did not mention Sam by name. The Hometown Gazette is liable for: a. intrusion. b. nothing. c. disparagement. d. appropriation.

b. nothing.

Andy wrote a defamatory statement regarding Sam which he did not show to anyone but which he posted on the campus public access television channel (where he worked as a workstudy). Andy has committed: a. the tort of slander b. the tort of libel. c. the tort of false light. d. neither libel nor slander, because there has been no publication of the statement.

b. the tort of libel.

Bella was arrested for shoplifting at the age of 16 and convicted as an adult. She is now 32 years old and plans to marry Ed. Ed's sister found out about Bella's arrest and then told Ed's parents. Bella now wants to sue Ed's sister for public disclosure of private facts. Does Bella have a case against Ed's sister? a. No, because telling Ed's parents is not sufficient publicity for public disclosure of private facts. b. Yes. c. No, because arrests are a public and not a private fact, and because telling Ed's parents is not sufficient publicity. d. No, because the statement is true.

c. No, because arrests are a public and not a private fact, and because telling Ed's parents is not sufficient publicity.

Sadie was shopping at the local discount store early in the morning on Black Friday (after Thanksgiving). Just as she tried to exit after completing her purchases, the door was locked due to a momentary power failure. She was quickly let out of the door by a nearby security guard. If Mary brings suit against them for false imprisonment, she will: a. win because the law protects any false detention, no matter how short. b. win because the store was at fault for detaining her. c. lose if the amount of time was very short. d. win even if the inconvenience was brief because she was, in effect, being confined to the store.

c. lose if the amount of time was very short.

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

c. To compensate persons who sustain harm or loss resulting from another's conduct.

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. after the plaintiff or prosecution used a legal proceeding (criminal or civil) to accomplish a purpose for which the proceeding was not designed.

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. battery. b. intrusion. c. assault. d. intentional infliction of emotional distress.

c. assault.

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. disparagement. d. false light.

c. disparagement.

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. for no more than a reasonable amount of time. b. in a reasonable manner. c. on camera. d. with probable cause.

c. on camera.

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. All of these are correct.

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. All of these are correct.

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. Any of these are correct.

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. both the infant's age and knowledge are such that he can form the required intent.

Sara is an FBI agent. She was looking at Facebook in her off duty hours. Sara saw a picture of one of her friends. She noticed a picture of one of her high school friends, Brett. She remembered being hurt by Brett when he failed to ask her out to a dance. Sara included Brett's name and photograph in a list of the FBI's top ten criminals. Brett has never been convicted of any crime and is horrified by the thought of being considered a criminal. Sara's action: a. is false light. b. is libel. c. is slander. d. could be either libel or false light.

d. could be either libel or false light.

Karen idolizes her roommate, Cindy. She uses Cindy's picture in an advertising campaign at the dress shop where Karen works. Karen did not ask for Cindy's permission or pay her anything. Karen is: a. is protected by the First Amendment to the Constitution. b. liable of libel. c. cannot be subject to a lawsuit brought by Cindy. Cindy should be flattered. d. liable of appropriation.

d. liable of appropriation.