BLAW 2101 Ch.7 TestBank
The constitutional privilege protects the press in a defamation action: a. in the absence of malice. b. when the plaintiff is a public figure or official. c. from all liability to anyone. d. both (a) and (b).
D.
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. fraudulent misrepresentation d. none of the above.
D.
Which of the following can be raised as a defense to a claim of defamation? a. That the statement was true. b. That there was a constitutional privilege to comment about the plaintiff who is a public figure and that the statement was made without malice. c. there there was a conditional privilege to make defamatory comment on another's statements in order to protect legitimate self-interest. d. All of the above.
D.
Which of the following is ordinarily held liable for their intentional torts? a. a person who has not reached the age of majority. b. an incompetent c. an employer, for the acts of employees in the course of employments d. all of the above.
D.
Intentional harm to property includes which of the following torts? a. Trespass to real property b. Nuisance c. Trespass to personal property d. Conversion e. All of the above.
E.
"Punitive damages" is a term referring to damages that will merely compensate victims for the harm they have suffered, but that will cost defendants more money than they have.
F
A defamatory communication that is spoken or oral is designated libel.
F
A letter sent to someone falsely accusing her of being a murderer constitutes the tort of defamation.
F
A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does.
F
A person may employ deadly force to protect his property.
F
A true statement of a highly personal nature made to embarrass someone is defamation.
F
Camilla observes Ramon, a star soccer player, alone at a table at the back of a restaurant. If she asks him for an autograph, she has committed tort of intrusion by interfering with his solitude and seclusion.
F
Generally, consent is not a defense in an intentional tort action.
F
In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.
F
Intentional infliction of emotional distress is a tort that has long been recognized by the common law and which traces its roots back to England in the Middle Ages.
F
Intentional infliction of emotional distress will protect a person from abusive language and rudeness.
F
John and Megan are at a crowded theater. In the press of people exiting the theater, John accidentally steps on Megan's big toe and breaks it. Megan can sue John for tort or battery.
F
Only the intentional destruction of personal property and not the use of the properties in a unauthorized manner can give rise to a cause of action for conversion
F
Sam, a student, goes to the movies one Friday. The movie is boring and Sam falls asleep. At 2 a.m., the security guard locks the building. Sam awakens the next morning when the cleaning crew opens the door. Sam can sue for false imprisonment.
F
The same act can never be both a tort and a crime.
F
The spoken threat, "If you don't give me you billfold and keys, I'll shoot you," is not an assault since it only involves words.
F
The term "nuisance" and "trespass to property" refer to the same tort.
F
Three torts comprise the misuse of legal procedure: malicious prosecution, wrongful civil proceedings, and verbal abuse.
F
Tort law is primarily criminal law.
F
Under constitutional privilege, a public official does not have to prove that the defendant published the defamatory and false comment with knowledge or with reckless disregard of the comment's falsity and it defamatory character.
F
Under the Restatement, the publicity for the tort of public disclosure of private facts is the same as "publication" under the law of defamation.
F
X knows Y has offered to sell wheat to Z at a certain price per bushel. Hoping to get Z for a customer, X offers Z wheat at $.50 less a bushel than Y offered. X gets the contract. X is liable to Y for the tort of interference with contractual relations.
F
A person can be guilty of trespass whether he or she intended or did not intend to violate the other's rights.
T
A person would be liable to the rightful owner of stolen property for conversion even though the person bought it in good faith from the thief and without knowledge that it had been stolen.
T
AB, Inc. fires an employee and then, when asked for a reference on him, knowingly makes some untrue statements which prevent him from finding a job. AB is liable for defamation.
T
Abuse of process applies even when there is probable cause or when the plaintiff or prosecution succeeds in the litigation.
T
Al, the driver on a cross-country bus, kisses Susie, a passenger, while she sleeps. Al could be sued for batter.
T
All conversions of personal property are trespasses, but not all trespasses to personal property are conversions.
T
Damages for interference with contractual relations include: a. payment for emotional distress b. nominal damages c. conversion fees d. criminal fines
A.
Fraudulent or intentional misrepresentation is covered under Section _______ of the Restatement. a. 525 b. 537 c. 538 d. None of the above.
A.
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: a. she will lose if there was another exit she could have used. b. she will lose because she was not harmed by the confinement. c. she will win even if there was another way out because she was, in effect, being confined to the Civic Center. d. she will win because they were blocking her passage to her car.
A.
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.
Tort law: a. is primarily federal statutory law b. is primarily state statutory law c. is primarily common law d. has a primary objective the punishment of offenders
C.
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 and was made with malice. c. will likely lose a defamation suit because the press has as absolute privilege in this type of case. d. can win an invasion of privacy suit even if the statement is true.
B.
A points an unloaded gun at B and threatens to shoot. Unobserved by A, C witnesses the threat and believes A's gun is loaded and that B is about to die. C pulls out a gun and shoots and kills A. a. C cannot successfully invoke the privilege of defense of others because A's gun was unloaded. b. C can successfully invoke the privilege of defense of others because of his reasonable belief at the time he shot A. c. One can use deadly force only to protect himself and his immediate family; therefore, C is liable. d. Deadly force was not being threatened against B and hence C had no right to counter with deadly force.
B.
A(n) _________ is a non-trespassory invasion of another's interest in the private use and enjoyment of land. a. trespass to real property b. nuisance c. interference with contractual relations. d. fraudulent misrepresentation
B.
An employer: a. must not provide electronic bulletin boards and chat rooms because of provisions of the CDA. b. should act quickly to remove any defamatory statements brought to its attention because Section 230 of the CDA grants immunity from defamation liability only to ISPs. c. need not be concerned about allegedly defamatory statements on e-forums it controls because section 230 of the CDA grants any employers immunity from liability for defamation for publishing information originating from a third party. d. cannot be held liable for unauthorized online defamatory statements made by employees.
B.
Arnold wrote a defamatory letter regarding Bill which he mailed to Bill, but which he did not show to anyone, but which he posted on a bulletin board in the laundromat. a. Arnold has committed the tort of slander. b. Arnold has committed the tort of libel. c. Arnold has committed neither libel nor slander, because there has been no publication of the letter. d. Arnold has committed the tort of false light.
B.
Bodily contact that is harmful or offensive can give rise to the tort of: a. assault b. battery c. defamation d. appropriation
B.
Hal doesn't like Bradley, so he spread untrue rumors about his personal lifestyle and sexual practices at a cocktail party. These rumors harm Bradley's reputation in the community. a. Hal is guilty of libel b. Hal is guilty of slander c. Bradley does not have a defamation suit against Hal. d. Hal is protected by the First Amendment to the Constitution.
B.
Handwritten, typewritten, printed, pictorial, or televised defamation is: a. false light b. libel c. slander d. disparagement
B.
Ray 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. a. Ray cannot be liable to the secretary for any torts because he did not intend to hurt her. b. The intent to harm the agent is transferred to the secretary who can sue Ray for her injuries with an intentional tort cause of actions. c. Ray has committed the crime, but he is not liable for any torts. d. Ray has committed the tort of intrusion.
B.
Tammy 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 Tammy met with her boyfriend one weekend, she rejoined the cult and sued her father and the deprogrammer for false imprisonment. a. Tammy will win because this is clearly false imprisonment. b. Tammy will lose if she had reasonable means of escaping and voluntarily consented to the confinement. c. Tammy has committed the tort of malicious prosecution. d. Tammy's parents are guilty of intrusion but not of false imprisonment.
B.
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
B.
There is a(n) __________ privilege to comment regarding public officials or public figures so long as it is done without malice. a. Fourth Amendment. b. First Amendment. c. conditional d. absolute
B.
Tim and Steve are roughhousing in Tim's parents' front yard when Steve intentionally pushed Tim onto the neighbor's property. a. Tim is a trespasser. b. Steve is a trespasser. c. Tim and Steve are both trespassers. d. None of the above.
B.
Under the Third Restatement of Torts, a person acts recklessly if the person: a. has an unconscious disregard of the consequences of the act committed. b. knows facts that make the risk obvious to another in the person's situation. c. exhibits malice or a fraudulent or evil motive. d. All of the above.
B.
Arnold wrote a defamatory letter regarding Bill which he mailed to Bill, but which he did not show to anyone else. a. Arnold has committed the tort of slander. b. Arnold has committed the tort of libel. c. Arnold has committed neither libel nor slander, because there has been no publication of the letter. d. Arnold has committed the tort of false light.
C.
Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else was in the area. The bullet hit Tom, who happened to be riding his ATV across the desert. a. Arthur has committed the tort of assault. b. Arthur has committed the tort of battery. c. It is unlikely that Arthur has the necessary intent to commit a tort. d. Arthur has committed the tort of intentional infliction or emotional distress.
C.
The Restatement Third, Torts: a. was approved in its final form by the American Law Institute in 1995. b. addresses the element of the tort action for liability for accidental personal injury, including property damage and liability for economic loss. c. has been expanded to include chapters on emotional harm and landowner liability. d. All of the above.
C.
A photographer taking photos of a movie star with a telephone lens would NOT be guilty of intrusion if: a. the photographer never entered onto the movie star's property. b. the pictures were not published. c. the movie star was in bed at the time. d. the movie star was in a public building at the time.
D.
Acting with reckless disregard for the falsity of the matter, Anita included Joe's name and photograph in a list of the FBI's top ten criminals. Joe has never been convicted of a crime and is horrified by the thought of being considered a criminal. a. this is defamation. b. this is false light. c. this is nuisance. d. This could be either defamation or false light.
D.
Alice was briefly married at the age of 16. She is now 28 years old and plans to marry Henry in the spring. Henry's sister found out about Alice's first marriage and then told Henry's parents. Alice now wants to sue Henry's sister for public disclosure of private facts. Does Alice have a case against Henry's sister? a. No, because marriage is a public and not a private fact. b. No, because telling Henry's parents is not sufficient publication for public disclosure of private facts. c. No, because the statement is true. d. Both (a) and (b) are correct.
D.
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 US President in the discharge of official duty. c. Statements about third persons made to one's spouse when they are alone. d. All of the above.
D.
Andrew noticed Michael and his pregnant wife, Georgette, walking down the street and drove his car within inches of Michael, as a joke. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy. a. Andrew has no liability to Georgette, because he has not committed a tort against her. b. Andrew has committed the tort of battery against Georgette. c. Andrew has committed the tort of battery against Michael but has committed no tort against Georgette. d. Andrew has committed the tort of intentional infliction of emotional distress against Georgette.
D.
Business torts consist of: a. interference with contractual relations b. disparagement c. fraudulent misrepresentation d. All of the above.
D.
Defenses to intentional torts include: a. self-defense and consent b. defense of others and consent c. self-defense and defense of property d. All of the above are valid defenses.
D.
Harms or injuries that are tortious may be inflicted: a. intentionally b. negligently c. without fault d. in all of the above ways
D.
In an article about a prominent judge, a newspaper indicates the possibility that the judge had organized crime connections. 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 information is untrue and the newspaper did not check its sources.
D.
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 consequence of her action. c. believe the consequences are substantially certain to result from her action. d. Both (b) and (c).
D.
Invasion of privacy consists of: a. appropriation b. intrusion c. public disclosure of private facts d. All of the above are invasions of privacy
D.
Les, a teenager, has the permission of Harold to walk across his yard on the way to school. Les now brings twenty of his friends across the yard, and the stop to play ball. a. Les is not guilty of trespass to real property, because he had Harold's permission to cross the yard. b. Les's friends are not guilty of trespass to real property, because they were with Les. c. Les is guilty of trespass to real property, because he walked across the yard. d. Les and his friends are guilty of trespass to real property, because they played ball in Harold's yard.
D.
Mark gave the keys to his apartment to his friend Jack so Jack could sleep after an all-night study session. When Jack walked in, Mark's roommate, Sam, was standing behind the door in the dark, holding a baseball bat over his head. Jack flicked on the light and Sam saw it was Jack, so he lowered the bat before Jack noticed him. a. Jack is guilty of assault. b. Sam is guilty of assault. c. Both Sam and Jack are guilty of assault. d. Neither Jack nor Sam are guilty of assault.
D.
Sally, while walking in a park, got hit on the head with a baseball. The ball was thrown at her by Aaron, who intended to hit her to show off in front of his friends. She may recover damages for: a. bodily harm b. emotional distress c. reasonable medical expenses d. All of the above.
D.
The "Hometown News" snapped a picture of Tom, a local teenager, as he was sleeping under a tree in the park on a warm spring day. They printed the picture on the front page of the newspaper. a. the "hometown news" is guilty of intrusion. b. the "hometown news" is guilty of false light. c. the "hometown news" is guilty of appropriation. d. it is unlikely that the "hometown news" is guilty of any tort.
D.
Arthur offers Bob, an employee of Carl, a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carl. Arthur knowns about the contract between Bob and Carl and knows that the contract should run for another five years, but Arthur badly wants Bob to work for him. Arthur probably is liable to Carl for intentional interference with contractual relations.
T
Assault is principally a mental rather than a physical injury.
T
Brad doesn't like Rob and especially dislikes Rob's new felt hat, so he intentionally knocks it off Rob's head in order to embarrass Rob. Brad has committed battery.
T
Businesses that conduct their business activities through employees are liable for their employees' torts committed in the course of employment.
T
Consent, given by a person with capacity, negates the wrongfulness of an act.
T
Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to economic interests.
T
For purposes of intentional torts, a person can have the intent to cause harm if the harm is substantially certain to occur even if he or she doesn't desire that such harm occur.
T
If Smith goes to work for Jones under an informal arrangement by which there is no contract stating dates for beginning or ending the relationship, Brown Co. could induce Smith to quit her job with Jones and come to work for Brown Co. and incur no liability to Jones.
T
In general, tort reform has focused on limiting liability by restricting damages or narrowing claims.
T
In many instances the same facts will give rise to both an action for false light and defamation.
T
Intent, for purposes of tort law, does not require an evil or hostile motive.
T
Internet service providers have immunity from liability for defamation when publishing information originating from a third party.
T
Invasion of privacy is in reality a collection of four distinct torts.
T
Malicious prosecution and wrongful civil proceedings impose liability for damages caused by improperly brought proceedings, including harm to reputation, credit, or standing; emotional distress; and expenses of defense.
T
Many courts will allow recovery for the infliction of emotional distress even in the absence of physical injury.
T
Minors under the age of 18 can be held liable for this intentional torts.
T
One of the principal objectives of tort law is to prevent future harms and losses.
T
Pointing an unloaded gun at someone who believes it is loaded and threatening to shoot constitutes an assault.
T
Qualified privilege depends upon proper use of the privilege.
T
Storeowners can occasionally have a problem with liability for false imprisonment when they seek to question a suspected shoplifter.
T
The tort of appropriation is also known as the right of publicity.
T
The tort of false light imposes liability if the matter in question is objectionable to a reasonable person but is not necessarily defamatory.
T
Tim and his friend are playing catch in the backyard when Tim suddenly throws the ball over the fence into the neighbor's yard where is breaks a window. This is trespass to real property, even if Time himself does not go onto the property to get the ball.
T
Tort law gives persons relief from civil wrongs or injuries to their person, property, and economic interests.
T
