TAMUSA BLAW ASS 5

Slander of quality or trade libel are criticisms of the ______, ______, or ______ of a business or its product. (Choose ALL that apply) reputation honesty quality warnings

reputation honesty quality

False imprisonment may occur by physical ______, such as tying someone to a chair. implications restraint force intentions

restraint force

The privacy tort of intrusion on an individual's affairs or ______ occurs when someone invades a person's personal affairs or solitude when that person has the right to expect privacy.

seclusion

The torts of malicious prosecution and wrongful civil proceedings serve ______ functions.

similar

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

Successful plaintiffs in malicious prosecution and wrongful civil proceedings claims are entitled to damages for harm to ______, ______, or ______ caused by the false claims. (Choose ALL that apply) standing intrusion credit standings reputation

standing credit standings reputation

In general, in deciding whether to strike down a punitive damage award as unconstitutional, the court will look at the following factors: ________ (Select THREE correct answers) the degree of reprehensibility of the defendant's conduct the disparity between the actual or potential harm suffered by the plaintiff whether the defendant has sufficient resources to pay the judgment difference between the punitive damages award and civil penalties

the degree of reprehensibility of the defendant's conduct the disparity between the actual or potential harm suffered by the plaintiff difference between the punitive damages award and civil penalties

The privacy tort of intrusion on an individual's affairs or seclusion occurs when someone invades any of the following except person's seclusion. personal affairs. a person's solitude. the public domain.

the public domain.

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

truth privilege

Compensatory damages are ______ rewarded for pain and suffering, costs of repairing damaged property, medical expenses, and lost wages.

typically

The tort of _______ competition applies when someone enters an industry with the ______ intent of driving another firm out of business. (Choose TWO correct answers) negligent unfair antecedent sole

unfair sole

A private nuisance occurs when a person uses her property in an unreasonable manner that harms a neighbor's ______ or ______ of his property. (Choose TWO correct answers)

use enjoyment

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) veggie libel trade disparagement trade libel food disparagement

veggie libel food disparagement

To prove the tort of fraudulent misrepresentation occurred, the injured party must demonstrate that the defendant intended to have other parties ______ on the misrepresentations.

rely

Appropriation for commercial gain occurs when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that person's ______. authorization consent knowledge permission

authorization consent permission

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

conditional

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

control possession

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

reasonably

In intentional interference with contract litigation, the plaintiff must prove a ______ and ______ contract between the plaintiff and defendant existed.

valid; enforceable

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

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

Abuse of process

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

Title Slander

Which of the following is a commonly-recognized defense to a defamation action?

Truth

The tort of food disparagement provides ______ with a cause of action when someone knowingly makes false, ______ statements about a(n) ______ product. (Check ALL that apply) food damaging industrial ranchers and farmers

food damaging ranchers and farmers

False imprisonment may occur by a threat to use ______ physical force.

immediate

A private ______ occurs when a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property.

nuisance

_____ _____ occurs when an individual is confined or restrained against his or her will for an appreciable period of time. False Truth Slander Imprisonment

False Imprisonment

Which of the following torts occurs when an individual is confined or restrained against his or her will for an appreciable period of time?

False imprisonment

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

Slander Ownership

False light is closely related to ______ and occurs when _______ about a person creates an impression about that individual that is not valid. slander per se publicity privacy defamation

publicity defamation

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

punitive

False light is closely related to which of the following torts?

Defamation

______ 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

______ is a commonly recognized tort against economic interests.

Disparagement

________ occurs when erroneous information from a computer about a business's credit standing or reputation impairs the business's ability to obtain credit, and the computer information's owner fails to correct the incorrect information in a(n) ______ manner. (Check TWO correct answers) Interference with contract Disparagement by computer Slander of quality timely

Disparagement by computer timely

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. Community Action Fairness Act 100 Class Action Fairness Act 50

100 Class Action Fairness Act

Which of the following is not a privacy tort? 1. Public disclosure of private facts 2. False light 3. False imprisonment 4. Appropriation for commercial gain

3. False imprisonment

Under which of the following circumstances does the tort of trespass to realty not occur?

A person causes an object to be placed on the land of another with the landowner's permission.

_____of _____applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends. (Choose TWO correct answers)

Abuse process

______ for commercial gain occurs when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that person's permission.

Appropriation

Which of the following torts occurs when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that person's permission? Amortization for commercial gain Amelioration for commercial gain Appropriation for commercial gain Annuitization for commercial gain

Appropriation for commercial gain

Which of the following is not a commonly recognized business tort?

Assimilation

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 50 Community Action Fairness Act 100

Class Action Fairness Act 100

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

______ damages are typically rewarded for pain and suffering, costs of repairing damaged property, medical expenses, and lost wages.

Compensatory

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

Conversion

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

Conversion

______ misrepresentation occurs when a party uses intentional deceit to facilitate personal gain.

Fraudulent

Which president signed the Class Action Fairness Act (CAFA) into law?

George W. Bush

Which of the following damages are given to recognize that a defendant committed a tort in a case where the plaintiff suffered no compensable damages?

Nominal

Which of the following is a commonly-recognized defense to a defamation action?

Privilege

______ disclosure of private facts occurs when someone publicizes a private fact about another that a(n) _______ person would find highly offensive. Public Sensational Reasonable Sensitive

Public Reasonable

______ disclosure of private facts occurs when someone publicizes a private fact about another that a(n) _______ person would find highly offensive. Sensational Public Reasonable Sensitive

Public Reasonable

Which of the following torts occurs when someone publicizes a private fact about another that a reasonable person would find highly offensive? Private disclosure of salient facts Public disclosure of salient facts Private disclosure of public facts Public disclosure of private facts

Public disclosure of private facts

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

Punitive

Which of the following damages are awarded to punish conduct that is extremely outrageous?

Punitive

Which of the following is a tort involving false statements related to the ownership of business property?

Slander of title

Appropriation for commercial gain occurs when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that person's ______. knowledge authorization consent permission

authorization consent permission

False light could involve attributing ______ or ______ to a person that he or she does not possess. (Choose ALL that apply) private facts appropriation beliefs characteristics

beliefs characteristics

Torts against _______ interests are frequently referred to as ______ torts.

business economic

The public figure privilege is a defense to a ______ action.

defamation

The tort of disparagement is similar to

defamation

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

defamation disparagement

Under conditional privilege, a party will not be held liable for ______ unless the false statement was made with actual ______. (Choose TWO correct answers) defamation recklessness slander per se malice

defamation malice

The primary type of damages is compensatory damages, designed to compensate the victim for all the harm caused by the person who committed the tort (also known as the ______). (Choose TWO correct answers) tortmanager plaintiff defendant tortfeasor

defendant tortfeasor

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: _______. 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 disparity between the actual or potential harm suffered by the plaintiff and the punitive damage award 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

The tort of disparagement is designed to protect one's ______ interests, while the tort of defamation is designed to protect one's ______ interests. (Choose TWO correct answers) disparagement conversion reputation property

disparagement reputation property

Under conditional privilege, a party will not be held liable for defamation unless the false statement was made with actual malice. Actual malice involves either ______ of the statement's falsity or reckless ______ for its truth. (Choose TWO correct answers) implications disregard knowledge truthfulness

disregard knowledge

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.

five

To prove the tort of _______ misrepresentation occurred, the injured party must demonstrate that the defendant knowingly, or with reckless disregard for the ______, misrepresented material facts or conditions. fraudulent unfair truth intent

fraudulent 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. intent conversion trespass nuisance

intent trespass

Fraudulent misrepresentation is a(n) ______ tort.

intentional

If a person calls his former employer and falsely says her son was just arrested for a double homicide after a botched robbery attempt, most courts would find that behavior outrageous enough to constitute: _______.

intentional infliction of emotional distress

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

False ______ is a privacy tort.

light

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

lost wages medical expenses pain and suffering

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

The tort of ______ prosecution protects those unreasonably subjected to litigation.

malicious

When someone deliberately engages in ________ conduct likely to cause extreme emotional distress to another party, the tort of ______ infliction of emotional distress has occurred.

outrageous intentional

Trespass to personal property is also called trespass to: _______.

personalty

A criticism of the quality, honesty, or reputation of a business or its product is called trade libel if it is ______. (Choose TWO correct answers) printed disparaging published offensive

printed published

The tort of _______ competition exists because United States law protects businesses acting on the ______ motive. profit fraudulent non-profit unfair

profit unfair