Question 1

The First Amendment guarantee of freedom of speech is an absolute right.

Accepted Answer

A) True 
 B)False  False

Question 2

Jim told his manager,Lana,that a coworker,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,she 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. D

Question 3

Adam decided to play a practical joke on Linda,a coworker.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. C

Question 4

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)  A tortious act is the same as a contract dispute.

Question 5

Soledad tells Marco that she believes he was cheating on a biology exam and calls him a "cheater" to his face.She did not tell anyone else about her suspicions.Marco did not,in fact,cheat on the exam.Has defamation occurred?

Accepted Answer

A)  No,because no one else received the defamatory message besides Marco.
B)  No,because Soledad did not put her accusation in writing.
C)  Yes,because Soledad's accusation was false.
D)  Yes,because Marco's feelings were hurt.

Question 6

Runyon was ready to sign a two-year agreement with Barnett Corp.to become Barnett's sales representative for a three-state area.LaPrise,who wants to be the representative for that area,threatens Runyon with bodily harm if he takes the position.Runyon decides his physical well-being is more important to him than the job,so he does not accept the position.LaPrise

Accepted Answer

A)  committed tortious interference with a contract.
B)  committed tortious interference with a prospective advantage.
C)  committed a battery.
D)  caused a breach of contract and committed the tort of intrusion.

Question 7

Wholesome Bread,Inc.advertised that its honey wheat bread had 25% fewer calories than a competing brand,Valley Grains.In fact,Wholesome's bread had the same amount of calories as Valley Grains' bread.Wholesome Bread's conduct

Accepted Answer

A)  does not violate the Lanham Act because of the First Amendment freedom of speech.
B)  does not violate the Lanham Act because Wholesome did not act with actual malice.
C)  does not violate the Lanham Act because comparative ads are exempt from the law.
D)  violates the Lanham Act.

Question 8

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 9

Public officials can win a defamation case only by proving the defendant's actual malice.

Accepted Answer

A) True 
 B)False

Question 10

On its website,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 against Otrex under the Lanham Act.

Accepted Answer

The answer of On its website,Otrex,Inc.claimed that its pain reliever...

Question 11

Lori works for Big Corporation.The existing contract between Lori and Big Corporation can be terminated at will by either party.Richard,the owner of a small store,offers to pay Lori much more money if she will leave Big Corporation and work for his store.When Lori starts to work for Richard,Big Corporation correctly claims Richard is liable for tortious interference with a contract.

Accepted Answer

A) True 
 B)False

Question 12

In awarding punitive damages,a court considers all of the following EXCEPT

Accepted Answer

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

Question 13

The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses.

Accepted Answer

A) True 
 B)False

Question 14

Taking or using someone's personal property without consent is referred to as

Accepted Answer

A)  fraud.
B)  negligence.
C)  conversion.
D)  trespassing.

Question 15

Written defamation is _____;oral defamation is _______.

Accepted Answer

A)  fraud;conversion
B)  conversion;fraud
C)  slander;libel
D)  libel;slander

Question 16

Tipton Company makes a deal with Patton Company to purchase 100 canvas tarps.Patton's competitor,QC Industries,tells Tipton Company executives that Patton's goods are shoddy and Tipton cancels the contract with Patton.What will likely occur?

Accepted Answer

A)  Patton will sue Tipton for defamation.
B)  QC Industries will sue Patton for intentional infliction of emotional distress.
C)  Patton will sue QC Industries for tortious interference with a contract.
D)  Tipton will sue Patton for tortious interference with a prospective advantage.

Question 17

Which of the following guarantees that a witness testifying in a court or legislature may never be sued for defamation?

Accepted Answer

A)  recovery principle
B)  protected right to slander
C)  defamation privilege
D)  absolute privilege

Question 18

Don was standing in a cafeteria line holding a plate.Tim was upset with Don.Tim turned Don around and grabbed the plate out of Don's hand.Tim then held the plate up and threatened to break it over Don's head.Tim has committed

Accepted Answer

A)  a battery,but not an assault.
B)  an assault,but not a battery.
C)  both an assault and a battery.
D)  neither an assault nor a battery.

Question 19

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse.In most states,Braybon's will be able to detain the customer for suspicion of shoplifting.

Accepted Answer

A) True 
 B)False

Question 20

Ahmi was a witness in a lawsuit.When asked why he fired Rana,Ahmi replied,"Rana was fired for willful misconduct." Indeed,Rana had not engaged in any misconduct.Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.

Accepted Answer

A) True 
 B)False

Exam 8: Intentional Torts and Business Torts

The First Amendment guarantee of freedom of speech is an absolute right.

Jim told his manager,Lana,that a coworker,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,she fired her.

Which of the following statements about torts is correct?

Soledad tells Marco that she believes he was cheating on a biology exam and calls him a "cheater" to his face.She did not tell anyone else about her suspicions.Marco did not,in fact,cheat on the exam.Has defamation occurred?

Wholesome Bread,Inc.advertised that its honey wheat bread had 25% fewer calories than a competing brand,Valley Grains.In fact,Wholesome's bread had the same amount of calories as Valley Grains' bread.Wholesome Bread's conduct

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.

Public officials can win a defamation case only by proving the defendant's actual malice.

On its website,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 against Otrex under the Lanham Act.

In awarding punitive damages,a court considers all of the following EXCEPT

The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses.

Taking or using someone's personal property without consent is referred to as

Written defamation is _;oral defamation is ___.

Tipton Company makes a deal with Patton Company to purchase 100 canvas tarps.Patton's competitor,QC Industries,tells Tipton Company executives that Patton's goods are shoddy and Tipton cancels the contract with Patton.What will likely occur?

Which of the following guarantees that a witness testifying in a court or legislature may never be sued for defamation?

Don was standing in a cafeteria line holding a plate.Tim was upset with Don.Tim turned Don around and grabbed the plate out of Don's hand.Tim then held the plate up and threatened to break it over Don's head.Tim has committed

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse.In most states,Braybon's will be able to detain the customer for suspicion of shoplifting.

Ahmi was a witness in a lawsuit.When asked why he fired Rana,Ahmi replied,"Rana was fired for willful misconduct." Indeed,Rana had not engaged in any misconduct.Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.