BLAW CHP 7

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:

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

The tort of abuse of process can be filed:

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:

assault.

The tort of appropriation requires all, except:

publication.

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:

Dalton can sue Roger for both assault and battery.

What issue did the court consider in White v. Samsung Electronics?

Did Samsung exploit the value of Vanna White's identity without her consent?

In the matter of Texaco, Inc. v. Pennzoil, Co.,what issue did the court consider?

Did Texaco actively persuade Getty and the Getty Museum to sell their shares of Getty Oil after had entered into a contract for sale to Pennzoil?

In the matter of Frank B. Hall & Co., Inc. v. Buck, the court considered what issue?

Is communication of defamatory statements made to another without inducement sufficient to support "publication" as an essential element of the tort?

Fraudulent misrepresentation imposes liability for:

Monetary loss. Justifiable reliance. A misrepresented fact intentionally made for the purpose of inducing the person to rely on it.

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?

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

This level of conduct evidences a conscious disregard of or an indifference to the consequences of the act committed.

Reckless.

If Tony and Shelly wish to prove defamation, what do they need to show?

That Mrs. Vogel made a false statement of a fact. That Mrs. Vogel harmed the reputation of the car dealership. That the statement was published to at least one person, other than those who worked at the car dealership.

Which of the following would be Mrs. Vogel's best defense against the tort of defamation?

That her statements about the car dealership were true.

Which of the following is a principal objective of tort law?

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

Herman points out that Shelly has a right to express her opinion on the side of the road. If she enters the lot, continues to use her bullhorn, and refuses to leave, she could be committing what tort?

Trespass

Melissa and Mary are next-door neighbors in a densely-populated residential neighborhood. One day, Melissa begins to drill on her property in search of oil and gas beneath the land's surface. During the process, Melissa's drilling emits unpleasant odors, dust, and loud noises from sunrise until sunset onto Mary's property. Since the drilling commenced, Mary has had trouble sleeping and developed a persistent, nagging cough. If Mary sues Melissa for the tort of nuisance, is Melissa liable?

Yes, because Melissa's drilling has significantly and unreasonably disturbed Mary's use and enjoyment of her land.

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.

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.

The intentional infliction of harmful or offensive bodily contact is the tort of

battery.

Intent as used in the law of intentional torts requires an infant to be liable for their intentional torts, if:

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

Steve had an insurance policy with Sentinel Insurance. He experienced a loss at his home due to a weather related claim. Sentinel Insurance denied coverage for the damage on Steve's house. A week later Steve 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 (and was unaware that Steve was outside the office at the time). Steve:

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

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:

conversion

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:

could be either libel or false light.

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:

disparagement

The unreasonable and highly offensive interference with the solitude of another is the tort of:

intrusion

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:

liable of appropriation.

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:

lose if the amount of time was very short.

Misuse of legal procedure consists of:

malicious prosecution

A photographer taking videos of a movie star with a cell phone would not be guilty of intrusion if the:

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

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:

nothing

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:

on camera.

In the matter of Ferrell v. Mikula,the court considered the issue of whether:

the restaurant or the manager should have been granted a motion for summary judgment on the issue of false imprisonment of the Ferrells.

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:

the tort of libel.

Helen is friends with Nuncio. Helen and Nuncio are in a general education class together at a local college. Nuncio did not call her to study for a test when he said he would. Helen sees Nuncio in class the next day, but he doesn't acknowledge her. Helen is so mad that she wrote a defamatory post on Nuncio's Facebook page. Five mutual friends "liked" Helen's post. Helen has committed:

the tort of libel.