Question 1

To help sell the product, a book publisher used a well-known commentator's name and her quote on the back book jacket of a new release without the commentator's knowledge or permission. No tort was involved since there was no injury to anyone.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following is not a principal objective of tort law?

Accepted Answer

A)  To compensate persons who sustain harm or loss resulting from another's conduct. 
B)  To punish the person who committed the tort. 
C)  To place the cost of compensating victims only on those parties who should bear it. 
D)  To prevent future harms and losses.

Question 3

Francenie was digging a trench to install a drainage pipe along her property line and she accidentally tunneled under a small area on her neighbor's property. The entry onto the neighbor's property:

Accepted Answer

A)  cannot be a trespass because it was beneath the surface of the land. 
B)  is not a trespass unless there was some actual damage to the neighbor's land. 
C)  is a trespass. 
D)  is not a trespass because Francenie was under the reasonable belief that she owned all of the land on which she was digging.

Question 4

A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does.

Accepted Answer

A) True 
 B)False

Question 5

Most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect:

Accepted Answer

A)  without physical discomfort. 
B)  with probable cause, in a reasonable manner, and for not more than a reasonable time. 
C)  for no more than 30 minutes. 
D)  in a way that will not cause embarrassment or physical injury to the suspect.

Question 6

The law of torts reallocates losses caused by human misconduct.

Accepted Answer

A) True 
 B)False

Question 7

The Restatement Third, Torts: Intentional Torts to Persons, parts of which were approved in 2015, will address recovery for physical and emotional harm to persons.

Accepted Answer

A) True 
 B)False

Question 8

Infliction of emotional distress occurs when a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person.

Accepted Answer

A) True 
 B)False

Question 9

Damages recoverable for the tort of disparagement may include:

Accepted Answer

A)  monetary losses that indirectly result from the impairment of the marketability of the property disparaged. 
B)  expenses for the cost of notifying customers. 
C)  three times the actual monetary losses caused by the disparagement. 
D)  the actual loss of revenue for the next three years.

Question 10

A newspaper article hints that a certain corporation is a front for illegal activity. The corporation:

Accepted Answer

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. 
C)  will likely lose a defamation suit because the press has an absolute privilege in this type of case. 
D)  can win an invasion of privacy suit even if the statement is true.

Question 11

Julian threw a brick at Will, intending to hit him. If the brick instead hits Anna, Julian has:

Accepted Answer

A)  committed a battery. 
B)  committed an assault. 
C)  no liability if he has not yet reached the age of majority. 
D)  not committed a tort because he did not have the intent to harm Anna.

Question 12

Invasion of privacy is in reality a collection of four distinct torts.

Accepted Answer

A) True 
 B)False

Question 13

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 14

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 15

Sam goes to the movies one Friday evening. 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.

Accepted Answer

A) True 
 B)False

Question 16

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:

Accepted Answer

A)  trespass to personal property. 
B)  interference with economic interests. 
C)  conversion. 
D)  fraudulent misrepresentation.

Question 17

The law of torts is primarily made up of statutory law.

Accepted Answer

A) True 
 B)False

Question 18

All batteries are immediately preceded by an assault.

Accepted Answer

A) True 
 B)False

Question 19

A defamatory communication that is spoken or oral is designated as libel.

Accepted Answer

A) True 
 B)False

Question 20

Sending a letter to Sally falsely accusing her of being a murderer constitutes the tort of defamation.

Accepted Answer

A) True 
 B)False

Exam 7: Intentional Torts

To help sell the product, a book publisher used a well-known commentator's name and her quote on the back book jacket of a new release without the commentator's knowledge or permission. No tort was involved since there was no injury to anyone.

Which of the following is not a principal objective of tort law?

Francenie was digging a trench to install a drainage pipe along her property line and she accidentally tunneled under a small area on her neighbor's property. The entry onto the neighbor's property:

A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does.

Most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect:

The law of torts reallocates losses caused by human misconduct.

The Restatement Third, Torts: Intentional Torts to Persons, parts of which were approved in 2015, will address recovery for physical and emotional harm to persons.

Infliction of emotional distress occurs when a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person.

Damages recoverable for the tort of disparagement may include:

A newspaper article hints that a certain corporation is a front for illegal activity. The corporation:

Julian threw a brick at Will, intending to hit him. If the brick instead hits Anna, Julian has:

Invasion of privacy is in reality a collection of four distinct torts.

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.

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

Sam goes to the movies one Friday evening. 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.

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:

The law of torts is primarily made up of statutory law.

All batteries are immediately preceded by an assault.

A defamatory communication that is spoken or oral is designated as libel.

Sending a letter to Sally falsely accusing her of being a murderer constitutes the tort of defamation.