Question 1

A tort is a violation of a duty imposed by the civil law.

Accepted Answer

A) True 
 B)False

Question 2

A national magazine published an article about a famous television star.The television personality is upset because the information contained in the story is not correct.If the actress sues the magazine:

Accepted Answer

A)  she will need to show that the magazine has a history of being "reckless" with facts on a regular basis. 
B)  she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts. 
C)  she will need to show that the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed. 
D)  she will need to show that the magazine could have discovered that the story was false but failed to do so.

Question 3

A company that makes a commercial with a person who does an excellent,realistic job of pretending to be a famous movie star could be sued by the real actor for the tort of:

Accepted Answer

A)  intrusion. 
B)  defamation. 
C)  commercial exploitation. 
D)  none of the above, since public figures are often imitated by other actors.

Question 4

Working out some frustrations after a bad game,Jessica angrily hits a baseball and then sees it is flying toward the umpire.She yells,"Watch out!" The umpire ducks and the ball misses him.Since there was no physical contact,no assault or battery occurred.

Accepted Answer

A) True 
 B)False

Question 5

Theft is to the criminal law as ____ is to the civil law.

Accepted Answer

A)  stealing 
B)  appropriating 
C)  conversion 
D)  trespass

Question 6

Lori works for Big Corporation as an "at will" employee.Richard,owner of a small store,offers to pay Lori much more money if she will leave Big Corp and work for his store.When Lori starts to work for Richard,Big Corp correctly claims Richard is liable for tortious interference with a contract.

Accepted Answer

A) True 
 B)False

Question 7

The elements in a defamation case are:

Accepted Answer

A)  defamatory statement; falseness; communication; and injury. 
B)  a contract; knowledge of the contract; improper inducement; injury. 
C)  false or misleading fact statements; statements in commercial advertising; likelihood of harm. 
D)  duty; breach of duty; proximate causation; and damages.

Question 8

Trein,Inc.entered into a one-year,$1 million contract with Mia,a sports celebrity,to promote Trein's products.E-presto Inc.,a competitor of Trein,was interested in having Mia promote its products but knew of her contract with Trein.E-presto offered Mia a three-year,$5 million contract.Mia left Trein and signed with E-presto.If Trein sues E-presto for tortious interference with a contract,E-presto:

Accepted Answer

A)  will be able to establish a justification since E-presto was acting to protect an existing economic interest. 
B)  will be able to establish a justification because, in talking to Mia, E-presto was exercising its First Amendment freedom of speech. 
C)  will be able to establish a justification because to decide otherwise would subject Mia to involuntary servitude. 
D)  will not be able to establish a justification.

Question 9

Which of the following is a true statement about tort reform?

Accepted Answer

A)  Almost all the states have passed statutes limiting the amount a jury can award in a tort case. 
B)  Congress has proposed and debated bills placing limits on tort awards, but so far has not enacted such legislation. 
C)  Large medical malpractice awards account for about 60 percent of the dramatic increase in health care costs in the United States during the last two decades. 
D)  All of the above.

Question 10

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one third of that space.Dewayne is liable for the intentional tort of fraud.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following statements about torts is correct?

Accepted Answer

A)  A tortious act is always a criminal act. 
B)  A criminal act is always a tortious act. 
C)  A tortious act may also be a criminal act. 
D)  All the above are correct.

Question 12

Jim told his manager,Lana,that a co-worker,Diane,had been in prison for theft.Lana checked into the matter and,when she learned that Diane had served time in prison for theft,fired her.

Accepted Answer

A)  Jim is liable to Diane for defamation. 
B)  Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history. 
C)  Jim is liable to Diane for defamation only if she is a public figure. 
D)  Jim is not liable to Diane for defamation.

Question 13

E-trex,Inc.wanted Prince,a professional basketball player,to endorse its products.Prince,however,was not interested.E-trex was not deterred and hired a person who looked and sounded liked Prince for its commercials.

Accepted Answer

A)  E-trex has defamed Prince. 
B)  E-trex has interfered with a contract. 
C)  E-trex has interfered with a prospective advantage. 
D)  E-trex's conduct raises the issue of commercial exploitation.

Question 14

In awarding punitive damages,a court must consider:

Accepted Answer

A)  the reprehensibility of the defendant's conduct. 
B)  the ratio between the harm suffered and the award. 
C)  the difference between the punitive award and any civil penalties used in similar cases. 
D)  All of the above.

Question 15

Under Section 230 of the Communications Decency Act,Internet service providers are held responsible for defamatory postings by their members or users.

Accepted Answer

A) True 
 B)False

Question 16

On its Web site,Otrex,Inc.claimed that its pain reliever was more effective than Nelton,a competing pain reliever.Discuss the elements that Nelton must prove to win a case under Section 43(a)of the Lanham Act.

Accepted Answer

The answer of On its Web site,Otrex,Inc.claimed that its pain...

Question 17

Opinion is generally a valid defense in a defamation lawsuit because it is not meant to be a factual statement.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following is a valid defense to a defamation claim?

Accepted Answer

A)  The statement was true. 
B)  The statement was only an opinion. 
C)  The person making the statement made it only to the plaintiff, not to any third parties. 
D)  All of the above.

Question 19

Adam decided to play a practical joke on Linda,a co-worker.As Linda was leaving the office one night,Adam,wearing a mask,stepped out from behind some bushes.He pointed a handgun made out of licorice at her and demanded her purse.He then pushed the candy gun to her head and told her if she told anybody he'd kill her.Linda was very scared during the whole incident.She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back.Which statement is correct?

Accepted Answer

A)  Adam committed an assault but not a battery. 
B)  Adam committed a battery but not an assault. 
C)  Adam committed an assault and a battery. 
D)  Adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke on Linda.

Question 20

Jerry believes his co-worker,Ben,is using illegal drugs.Since both he and Ben are nurses,Jerry is concerned Ben's drug usage could result in injury to a patient.He tells his supervisor,Cyndi.Cyndi talks with Jerry about the alleged drug usage and Ben produces a bottle of prescription medicine he is required to take for high blood pressure.The medication does not affect his ability to do his work.When Ben learns it was Jerry who reported him,Ben claims that Jerry committed an act of defamation when Jerry told Cyndi he used illegal drugs.Is Ben right?

Accepted Answer

A)  Yes. Jerry committed slander. 
B)  Yes. Jerry committed libel. 
C)  No. Ben is, in fact, using drugs. 
D)  No. Jerry is protected by the qualified privilege defense.

Exam 6: Intentional Torts And Business Torts

A tort is a violation of a duty imposed by the civil law.

A national magazine published an article about a famous television star.The television personality is upset because the information contained in the story is not correct.If the actress sues the magazine:

A company that makes a commercial with a person who does an excellent,realistic job of pretending to be a famous movie star could be sued by the real actor for the tort of:

Working out some frustrations after a bad game,Jessica angrily hits a baseball and then sees it is flying toward the umpire.She yells,"Watch out!" The umpire ducks and the ball misses him.Since there was no physical contact,no assault or battery occurred.

Theft is to the criminal law as ____ is to the civil law.

Lori works for Big Corporation as an "at will" employee.Richard,owner of a small store,offers to pay Lori much more money if she will leave Big Corp and work for his store.When Lori starts to work for Richard,Big Corp correctly claims Richard is liable for tortious interference with a contract.

The elements in a defamation case are:

Which of the following is a true statement about tort reform?

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one third of that space.Dewayne is liable for the intentional tort of fraud.

Which of the following statements about torts is correct?

Jim told his manager,Lana,that a co-worker,Diane,had been in prison for theft.Lana checked into the matter and,when she learned that Diane had served time in prison for theft,fired her.

E-trex,Inc.wanted Prince,a professional basketball player,to endorse its products.Prince,however,was not interested.E-trex was not deterred and hired a person who looked and sounded liked Prince for its commercials.

In awarding punitive damages,a court must consider:

Under Section 230 of the Communications Decency Act,Internet service providers are held responsible for defamatory postings by their members or users.

On its Web site,Otrex,Inc.claimed that its pain reliever was more effective than Nelton,a competing pain reliever.Discuss the elements that Nelton must prove to win a case under Section 43(a)of the Lanham Act.

Opinion is generally a valid defense in a defamation lawsuit because it is not meant to be a factual statement.

Which of the following is a valid defense to a defamation claim?