BUL 5810 Chapter 7 Homework Quizzes

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

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

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. neither libel nor slander, because there has been no publication of the statement. B. the tort of libel. C. the tort of false light. D. the tort of slander.

B

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

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

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

What issue did the court consider in White v. Samsung Electronics? A. Did Samsung exploit the value of Vanna White's identity without her consent? B. Should Samsung have paid Vanna White money after the fact of using her identity without her permission? C. Did Samsung cast a bad light on Vanna White through the publicity of its campaign with her likeness? D. Was Vanna White a celebrity with the right of protection of her identity?

A

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 is not liable of trespass to real property, because he had Fred's permission to cross the yard. C. Andy and his friends are liable of trespass to real property, because they played soccer in Fred's yard. D. Andy is liable of trespass to real property, because he walked across Fred's yard.

C

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? A. Intentional infliction of emotional distress B. Conversion C. Wrongful interference with a contractual relationship D. Trespass

D

If Tony and Shelly wish to prove defamation, what do they need to show? A. That Mrs. Vogel made a false statement of a fact. B. That Mrs. Vogel harmed the reputation of the car dealership. C. That the statement was published to at least one person, other than those who worked at the car dealership. D. All of these are needed.

D

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

Misuse of legal procedure consists of: A. malicious prosecution. B. wrongful criminal proceedings. C. intrusion. D. All of these are correct.

A

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

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

In the matter of Frank B. Hall & Co., Inc. v. Buck, the court considered what issue? A. Is communication of defamatory statements made to another without inducement sufficient to support "publication" as an essential element of the tort? B. Did the Hall employees make the statements against Buck with malice? C. Did the Hall employees like Larry Buck as a fellow employee? D. Were the statements made by the Buck employees protected by the First Amendment?

A

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. could be either libel or false light. B. is false light. C. is slander. D. is libel.

A

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: A. the opinion that Helen posted was a matter or absolute privilege. B. the tort of libel. C. neither libel nor slander, because there has been no publication of the post. D. the tort of slander.

B

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: A. the tort of slander. B. the tort of libel. C. neither libel nor slander, because there has been no publication of the post. D. the opinion that Helen posted was a matter or absolute privilege.

B

In the matter of Texaco, Inc. v. Pennzoil, Co.,what issue did the court consider? A. Did Texaco disparage Pennzoil to Getty in reckless disregard of the truth or falsity of the statements? B. 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? C. Did Texaco institute wrongful civil proceedings in an effort to get Getty to transfer his interest in the Pennzoil stock? D. Did Texaco exercise intentional dominion over the control of Getty's Pennzoil stock without their knowledge?

B

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? A. No, Melissa is free to do with her land as she pleases. B. Yes, because Melissa's drilling has significantly and unreasonably disturbed Mary's use and enjoyment of her land. C. No, Mary must learn to live with Melissa's drilling. D. No, so long as Melissa obtained permitting from the appropriate authorities.

B

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. Dalton can sue Roger for the tort of battery. B. Dalton can sue Roger for both assault and battery. C. Roger has committed the tort of intentional infliction of emotional distress. D. Dalton can sue Roger for the tort of assault.

B

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: A. has committed a crime and can only be sued for the tort if he is found guilty of the crime. B. 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. C. cannot be liable for any torts because his aim was bad. D. has committed the tort of assault.

B

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. disparagement. B. nothing. C. intrusion. D. appropriation.

B

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

Which of the following would be Mrs. Vogel's best defense against the tort of defamation? A. That her statements about the car dealership were only spoken and not printed. B. That her statements about the car dealership were true. C. That her statements about the car dealership were privileged. D. That her statements were made on a public street.

B

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 the statement is true. B. No, because telling Ed's parents is not sufficient publicity for public disclosure of private facts. C. No, because arrests are a public and not a private fact, and because telling Ed's parents is not sufficient publicity. D. Yes.

C

In the matter of Ferrell v. Mikula,the court considered the issue of whether: A. the manager was experienced enough to make the determination of probable cause. B. the manager acted with malice against the Ferrell's. C. the restaurant or the manager should have been granted a motion for summary judgment on the issue of false imprisonment of the Ferrell's. D. the restaurant violated the right to privacy that the Ferrell's had in driving their car.

C

Is there a chance that Vinny will be liable for the tort of battery? A. No, since he was trying to help Maria. B. No, since he was working at the store. C. Yes, because Maria told him not to touch her and he did. C. Yes, because he did not kick her out of the stock room.

C

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. cannot be subject to a lawsuit brought by Cindy. Cindy should be flattered. C. liable of appropriation. D. liable of libel.

C

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

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

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

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

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

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 store was at fault for detaining her. B. win even if the inconvenience was brief because she was, in effect, being confined to the store. C. win because the law protects any false detention, no matter how short. D. lose if the amount of time was very short.

D

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