Question 1

Tort liability is civil liability that is voluntarily assumed.

Accepted Answer

A) True 
 B)False

Question 2

Allpay Industries, in manufacturing its products, emits noxious fumes into the neighboring community. It also releases pollutants into a stream that runs through its property. Identify the elements of a tort in general and discuss whether Allpay's actions constitute a tort. If so, identify the tort.

Accepted Answer

The answer of Allpay Industries, in manufacturing its products, emits...

Question 3

In 1996 the ALI approved development of the Restatement Third, Torts: Liability for Physical and Emotional Harm, which applies mostly to nonintentional torts. As of 2011, neither of this Restatement's two volumes had yet been published in final form.

Accepted Answer

A) True 
 B)False

Question 4

The tort of nuisance includes only the trespassory invasion of real property.

Accepted Answer

A) True 
 B)False

Question 5

Pamela, without authorization, eavesdrops on a conversation between Mark and Elise. Pamela has not committed the tort of intrusion unless she makes the conversation public.

Accepted Answer

A) True 
 B)False

Question 6

The intentional dispossession or unauthorized use of the personal property of another is known as:

Accepted Answer

A)  conversion. 
B)  trespass to personal property. 
C)  fraud. 
D)  stealing.

Question 7

Misuse of procedure can occur even when the plaintiff succeeds in the litigation.

Accepted Answer

A) True 
 B)False

Question 8

Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the laundromat. Arnold has committed:

Accepted Answer

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

Question 9

A person cannot be guilty of trespass unless he or she intended to violate the other's rights.

Accepted Answer

A) True 
 B)False

Question 10

Which one of the following is NOT one of the torts included within invasion of privacy?

Accepted Answer

A)  Nuisance. 
B)  Intrusion. 
C)  Appropriation. 
D)  False light.

Question 11

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.

Accepted Answer

A) True 
 B)False

Question 12

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 13

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 14

Stephen and Martha have spent months looking for their dream home. One day they saw it and fell in love with everything about the house, and they asked the realtor to draw up a purchase agreement, which they then signed. After signing the papers, they asked the realtor whether the house was in good shape. The realtor said it was. When the couple moved into the house, they realized that the basement had serious water problems and that the roof leaked. They now want to sue the realtor. What tort should they consider? If they sue the realtor for this tort, will they win? Why or why not? Explain.

Accepted Answer

The answer of Stephen and Martha have spent months looking...

Question 15

In the Ferrell v. Mikula case, the Georgia Court of Appeals said that:

Accepted Answer

A)  false imprisonment is the unlawful detention of the person of another for an unreasonable length of time. 
B)  the essential elements of an action for false imprisonment include detention, unlawfulness, and malice. 
C)  the elements of a cause of action for intentional infliction of emotional distress include either intentional or reckless conduct that is extreme and outrageous, a causal connection between the wrongful conduct and the emotional distress, and severe emotional distress. 
D)  to constitute the tort of intentional infliction of emotional distress, action must be intentional, not merely reckless.

Question 16

For purposes of defamation, a publication includes non-written, verbal communication to third parties.

Accepted Answer

A) True 
 B)False

Question 17

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:

Accepted Answer

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.

Question 18

All batteries are immediately preceded by an assault.

Accepted Answer

A) True 
 B)False

Question 19

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 20

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.

Exam 7: Intentional Torts

Tort liability is civil liability that is voluntarily assumed.

In 1996 the ALI approved development of the Restatement Third, Torts: Liability for Physical and Emotional Harm, which applies mostly to nonintentional torts. As of 2011, neither of this Restatement's two volumes had yet been published in final form.

The tort of nuisance includes only the trespassory invasion of real property.

Pamela, without authorization, eavesdrops on a conversation between Mark and Elise. Pamela has not committed the tort of intrusion unless she makes the conversation public.

The intentional dispossession or unauthorized use of the personal property of another is known as:

Misuse of procedure can occur even when the plaintiff succeeds in the litigation.

Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the laundromat. Arnold has committed:

A person cannot be guilty of trespass unless he or she intended to violate the other's rights.

Which one of the following is NOT one of the torts included within invasion of privacy?

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.

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.

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

In the Ferrell v. Mikula case, the Georgia Court of Appeals said that:

For purposes of defamation, a publication includes non-written, verbal communication to third parties.

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:

All batteries are immediately preceded by an assault.

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:

Two absolute defenses to the tort of defamation are: