Question 1

Punitive damages is a term referring to damages that will merely compensate victims for the harm they have suffered, but will cost defendants more money than they have.

Accepted Answer

A) True 
 B)False

Question 2

Bodily contact that is harmful or offensive can give rise to the tort of:

Accepted Answer

A) assault. 
B) battery. 
C) defamation. 
D) appropriation. 
A) assault. 
B) battery. 
C) defamation. 
D) appropriation.

Question 3

The major distinction between trespass to personal property and conversion is whether the exercise of dominion or control was intentional.

Accepted Answer

A) True 
 B)False

Question 4

Barnhart, an employer in control of an electronic bulletin board, is protected under the Communications Decency Act from liability for online defamatory statements made by employees.

Accepted Answer

A) True 
 B)False

Question 5

The law of torts reallocates losses caused by human misconduct.

Accepted Answer

A) True 
 B)False

Question 6

An absolute privilege exists to protect which of the following defendants in defamation cases?

Accepted Answer

A) Members of Congress on the floor of Congress. 
B) Statements made by the President of the U.S.in the discharge of official duty. 
C) Statements about a third party made to one's spouse when the couple is alone. 
D) All of the above. 
A) Members of Congress on the floor of Congress. 
B) Statements made by the President of the U.S.in the discharge of official duty. 
C) Statements about a third party made to one's spouse when the couple is alone. 
D) All of the above.

Question 7

Intent as used in the law of intentional torts requires the defendant to:

Accepted Answer

A) have knowledge or reckless disregard of the negligence of her action. 
B) desire to cause the consequences of her action. 
C) believe the consequences are substantially certain to result from her action. 
D) Both (b) and (c) are correct. 
A) have knowledge or reckless disregard of the negligence of her action. 
B) desire to cause the consequences of her action. 
C) believe the consequences are substantially certain to result from her action. 
D) Both (b) and (c) are correct.

Question 8

All batteries are immediately preceded by an assault.

Accepted Answer

A) True 
 B)False

Question 9

In only a minority of states a jury may award punitive damages if a defendant's tortious conduct is intentional and outrageous.

Accepted Answer

A) True 
 B)False

Question 10

How does intentional infliction of emotional distress differ from assault and battery? What types of situations are covered by intentional infliction of emotional distress that would not be covered by assault and battery? Give an example.

Accepted Answer

Intentional infliction of emotional dist

Question 11

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, she will:

Accepted Answer

A) lose if there was another exit she could have used. 
B) lose because she was not harmed by the confinement. 
C) win even if there was another way out because she was, in effect, being confined to the Civic Center. 
D) win because they were blocking her passage to her car. 
A) lose if there was another exit she could have used. 
B) lose because she was not harmed by the confinement. 
C) win even if there was another way out because she was, in effect, being confined to the Civic Center. 
D) win because they were blocking her passage to her car.

Question 12

Intentional infliction of emotional distress will protect a person from rudeness if the conduct was intended to cause emotional distress.

Accepted Answer

A) True 
 B)False

Question 13

With respect to the tort of conversion, which of the following statements is true?

Accepted Answer

A) Conversion is an intentional exercise of dominion over another's real property that so seriously interferes with the right of control as to justly require the payment of damages. 
B) All conversions are nuisances. 
C) All trespasses are conversions. 
D) None of the above. 
A) Conversion is an intentional exercise of dominion over another's real property that so seriously interferes with the right of control as to justly require the payment of damages. 
B) All conversions are nuisances. 
C) All trespasses are conversions. 
D) None of the above.

Question 14

Business torts consist of:

Accepted Answer

A) interference with contractual relations. 
B) disparagement. 
C) fraudulent misrepresentation. 
D) (a), (b), and (c) are correct. 
A) interference with contractual relations. 
B) disparagement. 
C) fraudulent misrepresentation. 
D) (a), (b), and (c) are correct.

Question 15

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.

Accepted Answer

A) True 
 B)False

Question 16

Two absolute defenses to the tort of defamation are:

Accepted Answer

A) truth and self-defense. 
B) truth and privilege. 
C) privilege and self-defense. 
D) truth and defense of property. 
A) truth and self-defense. 
B) truth and privilege. 
C) privilege and self-defense. 
D) truth and defense of property.

Question 17

Unauthorized use of another person's name for one's own benefit is an invasion of the person's right to privacy.

Accepted Answer

A) True 
 B)False

Question 18

The purpose of tort law is to punish the wrongdoer.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following can be raised as a defense to a claim of defamation?

Accepted Answer

A) That the Internet service provider was publishing information originating from a third party. 
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) That there was a conditional privilege to publish a defamatory statement in order to protect a legitimate self-interest. 
D) All of the above. 
A) That the Internet service provider was publishing information originating from a third party. 
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) That there was a conditional privilege to publish a defamatory statement in order to protect a legitimate self-interest. 
D) All of the above.

Question 20

The tort of public disclosure of private facts requires:

Accepted Answer

A) publication. 
B) private information about either an individual or a corporation. 
C) a false statement. 
D) that the matter made public would be highly offensive and objectionable to a reasonable person. 
A) publication. 
B) private information about either an individual or a corporation. 
C) a false statement. 
D) that the matter made public would be highly offensive and objectionable to a reasonable person.

Exam 7: Intentional Torts

Punitive damages is a term referring to damages that will merely compensate victims for the harm they have suffered, but will cost defendants more money than they have.

Bodily contact that is harmful or offensive can give rise to the tort of:

The major distinction between trespass to personal property and conversion is whether the exercise of dominion or control was intentional.

Barnhart, an employer in control of an electronic bulletin board, is protected under the Communications Decency Act from liability for online defamatory statements made by employees.

The law of torts reallocates losses caused by human misconduct.

An absolute privilege exists to protect which of the following defendants in defamation cases?

Intent as used in the law of intentional torts requires the defendant to:

All batteries are immediately preceded by an assault.

In only a minority of states a jury may award punitive damages if a defendant's tortious conduct is intentional and outrageous.

How does intentional infliction of emotional distress differ from assault and battery? What types of situations are covered by intentional infliction of emotional distress that would not be covered by assault and battery? Give an example.

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, she will:

Intentional infliction of emotional distress will protect a person from rudeness if the conduct was intended to cause emotional distress.

With respect to the tort of conversion, which of the following statements is true?

Business torts consist of:

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.

Two absolute defenses to the tort of defamation are:

Unauthorized use of another person's name for one's own benefit is an invasion of the person's right to privacy.

The purpose of tort law is to punish the wrongdoer.

Which of the following can be raised as a defense to a claim of defamation?

The tort of public disclosure of private facts requires:

Introduction to Law

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Negligence and Strict Liability

Introduction to Contracts

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