Question 1

Which of the following is a correct statement regarding the tort of assault?

Accepted Answer

A)  Assault is putting another in apprehension of an eventual threat to his or her physical safety. 
B)  The tort of assault is designed to protect people from threats of battery. 
C)  Contact is necessary. 
D)  Most courts say that "mere words are enough" for assault. 
A)  Assault is putting another in apprehension of an eventual threat to his or her physical safety. 
B)  The tort of assault is designed to protect people from threats of battery. 
C)  Contact is necessary. 
D)  Most courts say that "mere words are enough" for assault. B

Question 2

The use of force to drive away a person's customers or employees constitutes the tort of disparagement.

Accepted Answer

A) True 
 B)False  False

Question 3

In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that the:

Accepted Answer

A)  wrongfully brought suit did not terminate in his favor. 
B)  suit was brought with probable cause. 
C)  suit was brought for an improper purpose. 
D)  wrongfully brought suit terminated in the defendant's favor. 
A)  wrongfully brought suit did not terminate in his favor. 
B)  suit was brought with probable cause. 
C)  suit was brought for an improper purpose. 
D)  wrongfully brought suit terminated in the defendant's favor. C

Question 4

Abuse of process requires:

Accepted Answer

A)  that the wrongfully brought suit terminated in the defendant's favor. 
B)  that there be no probable cause in order for the person wrongfully sued to win. 
C)  proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed. 
D)  proof that there was malice involved in the suit and that the wrongful suit ended in the plaintiff's favor. 
A)  that the wrongfully brought suit terminated in the defendant's favor. 
B)  that there be no probable cause in order for the person wrongfully sued to win. 
C)  proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed. 
D)  proof that there was malice involved in the suit and that the wrongful suit ended in the plaintiff's favor.

Question 5

In recent years the United States Supreme Court has expanded the amounts and circumstances under which punitive damages can be awarded.

Accepted Answer

A) True 
 B)False

Question 6

Dr. Reilly is a neurosurgeon. He does an interview in a talk show about his occupation and his field. Dr. Reilly goes on to say how Phil Donrey, a famous natural healer who helps people through his Ayurvedic methods, is bogus and how there is no science or logic behind it. For which of the following reasons can Phil Donrey sue Dr. Reilly?

Accepted Answer

A)  Libel 
B)  Invasion of privacy 
C)  Conversion 
D)  False imprisonment 
A)  Libel 
B)  Invasion of privacy 
C)  Conversion 
D)  False imprisonment

Question 7

The tort of disparagement:

Accepted Answer

A)  requires proof of actual damage. 
B)  covers true statements about the personal behavior of persons in business. 
C)  is identical to the tort of slander. 
D)  does not include truth as a common defense. 
A)  requires proof of actual damage. 
B)  covers true statements about the personal behavior of persons in business. 
C)  is identical to the tort of slander. 
D)  does not include truth as a common defense.

Question 8

Define trespass to personal property and conversion, and discuss the difference between the two torts.

Accepted Answer

Intentional interference with personal p

Question 9

In order to keep Jamila from leaving the house, Sabah locked the front door of her house but forgot to lock the back door. Sabah has falsely imprisoned Jamila.

Accepted Answer

A) True 
 B)False

Question 10

Esther is upset with her roommate Julio because he refuses to clean up after himself. In a fit of rage, Esther tries to hit him on his head but misses. At the time, Julio is turned away from Esther and is completely unaware that she tried to hit him. Under these circumstances, _____.

Accepted Answer

A)  Esther is liable only for battery 
B)  Esther is liable only for assault 
C)  Esther is liable neither for battery nor assault 
D)  Esther is liable for both battery and assault 
A)  Esther is liable only for battery 
B)  Esther is liable only for assault 
C)  Esther is liable neither for battery nor assault 
D)  Esther is liable for both battery and assault

Question 11

Under the tort of invasion of privacy, _____.

Accepted Answer

A)  some widespread dissemination of information is necessary for liability 
B)  true, but public, facts about a person can be an invasion of privacy 
C)  truth is a defense to "publication of private facts" 
D)  newsworthy items or items of legitimate public interest can be the basis of a successful suit 
A)  some widespread dissemination of information is necessary for liability 
B)  true, but public, facts about a person can be an invasion of privacy 
C)  truth is a defense to "publication of private facts" 
D)  newsworthy items or items of legitimate public interest can be the basis of a successful suit

Question 12

The plaintiff's burden of proof in a tort case is by a preponderance of the evidence. This means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff's side.

Accepted Answer

A) True 
 B)False

Question 13

Statements that are conditionally privileged can never serve as a basis for a successful defamation lawsuit.

Accepted Answer

A) True 
 B)False

Question 14

Eric Dunphy sued Starcross Builders because a few of the construction workers walked into his courtyard and drew water from his well without his knowledge. This caused no actual damage to Eric's property. Can this incident be considered a trespass?

Accepted Answer

Yes, this incident can be considered a t

Question 15

The same behavior may give rise to both tort and criminal liability.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following is a defense to trespass to personal property?

Accepted Answer

A)  Probable cause 
B)  Privilege 
C)  Truth 
D)  Necessity 
A)  Probable cause 
B)  Privilege 
C)  Truth 
D)  Necessity

Question 17

Which of the following statements can be conditionally privileged in defamation suits?

Accepted Answer

A)  Statements by members of Congress on the floor of Congress 
B)  Statements made in the furtherance of legitimate business interests 
C)  Statements by participants in judicial proceedings 
D)  Private statements between spouses 
A)  Statements by members of Congress on the floor of Congress 
B)  Statements made in the furtherance of legitimate business interests 
C)  Statements by participants in judicial proceedings 
D)  Private statements between spouses

Question 18

Loud Larry is a popular talk show in which the host, Larry, likes to take a confrontational approach to interviewing his guests. Larry is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the course of the interview, Larry attempts to demonstrate the harmless effects of passive smoking by blowing smoke directly at Alice's face even after she resisted. Which of the following is most likely to be true if Alice decides to press charges against Larry?

Accepted Answer

A)  Larry may be liable for battery. 
B)  Larry will not be liable for battery because he did not touch her body. 
C)  Larry may be liable for false imprisonment. 
D)  Larry will be liable for defamation. 
A)  Larry may be liable for battery. 
B)  Larry will not be liable for battery because he did not touch her body. 
C)  Larry may be liable for false imprisonment. 
D)  Larry will be liable for defamation.

Question 19

Privilege is NOT a common defense to _____.

Accepted Answer

A)  false imprisonment 
B)  trespass to land 
C)  interference with contract 
D)  disparagement 
A)  false imprisonment 
B)  trespass to land 
C)  interference with contract 
D)  disparagement

Question 20

The tort of false imprisonment protects:

Accepted Answer

A)  the right to life. 
B)  only the freedom of movement. 
C)  mental and physical interests. 
D)  only the freedom from knowledge of confinement. 
A)  the right to life. 
B)  only the freedom of movement. 
C)  mental and physical interests. 
D)  only the freedom from knowledge of confinement.

Exam 6: Intentional Torts

Which of the following is a correct statement regarding the tort of assault?

The use of force to drive away a person's customers or employees constitutes the tort of disparagement.

In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that the:

Abuse of process requires:

In recent years the United States Supreme Court has expanded the amounts and circumstances under which punitive damages can be awarded.

The tort of disparagement:

Define trespass to personal property and conversion, and discuss the difference between the two torts.

In order to keep Jamila from leaving the house, Sabah locked the front door of her house but forgot to lock the back door. Sabah has falsely imprisoned Jamila.

Esther is upset with her roommate Julio because he refuses to clean up after himself. In a fit of rage, Esther tries to hit him on his head but misses. At the time, Julio is turned away from Esther and is completely unaware that she tried to hit him. Under these circumstances, _____.

Under the tort of invasion of privacy, _____.

The plaintiff's burden of proof in a tort case is by a preponderance of the evidence. This means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff's side.

Statements that are conditionally privileged can never serve as a basis for a successful defamation lawsuit.

Eric Dunphy sued Starcross Builders because a few of the construction workers walked into his courtyard and drew water from his well without his knowledge. This caused no actual damage to Eric's property. Can this incident be considered a trespass?

The same behavior may give rise to both tort and criminal liability.

Which of the following is a defense to trespass to personal property?

Which of the following statements can be conditionally privileged in defamation suits?

Privilege is NOT a common defense to _____.

The tort of false imprisonment protects:

Law, Legal Reasoning, and the Legal Profession

Dispute Settlement

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Crimes

Negligence and Strict Liability

Licensing and Intellectual Property

The Nature and Origins of Contracts

Creating a Contract: Offers

Creating a Contract: Acceptances

Consideration

Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remedies

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

The Agency Relationship-Creation, Duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws

Which Form of Business Organization

Partnerships

Formation and Termination of Corporations

Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

Legal Liability of Accountants

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers

Introduction to Security

Security Interests in Personal Property

Bankruptcy

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

Filters