Question 1

For trespass to land,the plaintiff must show actual harm for:

Accepted Answer

A) all instance of trespass. 
B) negligent trespass only. 
C) reckless trespass only. 
D) both reckless and negligent trespasses.

Question 2

________ affords a remedy for the wrongful institution of criminal proceedings.

Accepted Answer

A) Abuse of process 
B) Malicious prosecution 
C) Wrongful use of civil proceedings 
D) Deceit

Question 3

Which of the following is true of 'invasion of privacy'?

Accepted Answer

A) Public figures do not enjoy any right to privacy. 
B) There are four distinct torts related to it. 
C) It is a subject of the Second Amendment of the U.S.Constitution. 
D) Examining a person's public records amounts to an invasion of privacy.

Question 4

Dave tells Dora that Phil,a financial advisor,has been stealing money from his clients.Dora then repeats Dave's statement to Tom,telling Tom that the information comes from Dave.All these statements are oral,defamatory,and false.Phil sues Dave and Dora for defamation.Which of the following is true? (Don't consider defenses and privileges. )

Accepted Answer

A) Phil can recover against Dave and Dora without proving special damages. 
B) Because Dora only repeated Dave's statement and identified Dave as its author,she can't be liable to Phil. 
C) Because Dave only communicated his statement to Dora,and not to an appreciable number of people,he cannot be liable to Phil. 
D) Phil must prove special damages in order to recover against Dave and Dora.

Question 5

If there is a serious interference and conversion,the defendant is liable for:

Accepted Answer

A) half of the item's value. 
B) the cost of an identical replacement and punitive damages. 
C) the difference between the value before and after the conversion. 
D) the full value of the property.

Question 6

Store owners' conditional privilege defense against intentional tort claims brought by detained shoplifting suspects,recognized by most states,usually:

Accepted Answer

A) requires that the store owner act with police consent. 
B) requires that the store owner act with written consent of suspects. 
C) requires that the store owner act on evidence against suspects. 
D) requires that the store owner act with reasonable cause.

Question 7

Which of the following is not an example of a conditional privilege in a defamation case?

Accepted Answer

A) Statements made to protect or further the legitimate interests of another 
B) Statements made to promote a common interest 
C) Statements that are characterized as fair comment 
D) Statements that are the truth

Question 8

In the case in the text,Toyo Tire North America Manufacturing,Inc.v.Davis,the court held that:

Accepted Answer

A) The Davises can only recover for their past discomfort and annoyance. 
B) The Davises can only recover for the diminution in their property value. 
C) The Davises can potentially recover for their past discomfort and annoyance as well as the diminution in their property value. 
D) The Davises can potentially recover the full price they paid for their property.

Question 9

In Banks v.Lockhart,the case in the text,at issue was whether the trial court erred when it denied the defendant's request for a remittitur.A remittitur is:

Accepted Answer

A) a demand that the jury demonstrate how it calculated damages to determine their validity. 
B) a retrial based on the same facts but leaving the issue of damages to the judge. 
C) a ruling by the court that the jury's damages award was excessive. 
D) a directed verdict because the evidence did not prove a prima facie case of battery.

Question 10

Most defamation cases brought by public official or public figure plaintiffs are won by the defendant,because the plaintiff was unable to prove:

Accepted Answer

A) damages due to defamation. 
B) actual malice. 
C) defendant made the statements. 
D) the actual statements were untrue.

Question 11

If one individual signed another's name to a petition for a political and social issue that the person had deep moral objections to,the injured party could sue under the theory of invasion of privacy.

Accepted Answer

A) True 
 B)False

Question 12

Under the principle of respondeat superior,an employer is not liable for torts committed by employees.

Accepted Answer

A) True 
 B)False

Question 13

Jack was an employee of ABC Corp.Harry,the president of ABC,had reasonable grounds to believe that Jack had stolen money from the corporation.ABC fired Jack.One month later,Jack applied for employment at DEF Corp.The vice president for human relations at DEF contacted Harry and asked about Jack's performance at ABC.Harry responded,"I believe that Jack stole money while working here." DEF declined to hire Jack.Jack later discovered what Harry said,and is now suing Harry for defamation.What is the likely outcome of this case?

Accepted Answer

A) Jack will win because Harry's statement harmed him. 
B) Jack will win because Harry did not have absolute proof that Jack had stolen money. 
C) Harry will win because he had a conditional privilege to make that statement. 
D) Harry will win because he had an absolute privilege to comment on a former employee's performance.

Question 14

Which of the following individuals can recover damages for proven actual injury,but not presumed or punitive damages,by proving only fault?

Accepted Answer

A) A public official plaintiff involved in a subject of public concern 
B) A public figure plaintiff involved in a subject of private concern 
C) A private figure plaintiff involved in a subject of public concern 
D) A private figure plaintiff involved in a subject of private concern

Question 15

If one individual opens the mail of another without permission to do so,then the injured party can sue under the tort law theory of invasion of privacy.

Accepted Answer

A) True 
 B)False

Question 16

Generally speaking,statements made during judicial proceedings are absolutely privileged and,therefore,shield the speaker against defamation liability.

Accepted Answer

A) True 
 B)False

Question 17

A person distributes unsolicited e-mails to large numbers of employees of the company.
He does so illegally from the company's e-mail system without consent of the company.Has the distributor committed the tort of trespass to personal property?

Accepted Answer

The answer of A person distributes unsolicited e-mails to large...

Question 18

________ to land may be defined as any unauthorized or unprivileged intentional intrusion upon another's real property.

Accepted Answer

A) Trespass 
B) Nuisance 
C) Conversion 
D) Battery

Question 19

Which of the following is generally true regarding the tort of conversion?

Accepted Answer

A) It involves both real property (land and interests in land)and personal property. 
B) As its name implies,conversion always involves the transformation of the plaintiff's property into something else-e.g. ,its destruction,alteration,etc. 
C) A defendant who buys or sells stolen property may be liable for conversion even if she does so in good faith and without knowledge of the theft. 
D) Conversion involves all interferences with the plaintiff's property rights-whether serious or nonserious.

Question 20

A valid defense for battery is the free and intelligent consent given.

Accepted Answer

A) True 
 B)False

Exam 6: Intentional Torts

For trespass to land,the plaintiff must show actual harm for:

________ affords a remedy for the wrongful institution of criminal proceedings.

Which of the following is true of 'invasion of privacy'?

If there is a serious interference and conversion,the defendant is liable for:

Store owners' conditional privilege defense against intentional tort claims brought by detained shoplifting suspects,recognized by most states,usually:

Which of the following is not an example of a conditional privilege in a defamation case?

In the case in the text,Toyo Tire North America Manufacturing,Inc.v.Davis,the court held that:

In Banks v.Lockhart,the case in the text,at issue was whether the trial court erred when it denied the defendant's request for a remittitur.A remittitur is:

Most defamation cases brought by public official or public figure plaintiffs are won by the defendant,because the plaintiff was unable to prove:

If one individual signed another's name to a petition for a political and social issue that the person had deep moral objections to,the injured party could sue under the theory of invasion of privacy.

Under the principle of respondeat superior,an employer is not liable for torts committed by employees.

Which of the following individuals can recover damages for proven actual injury,but not presumed or punitive damages,by proving only fault?

If one individual opens the mail of another without permission to do so,then the injured party can sue under the tort law theory of invasion of privacy.

Generally speaking,statements made during judicial proceedings are absolutely privileged and,therefore,shield the speaker against defamation liability.

A person distributes unsolicited e-mails to large numbers of employees of the company. He does so illegally from the company's e-mail system without consent of the company.Has the distributor committed the tort of trespass to personal property?

________ to land may be defined as any unauthorized or unprivileged intentional intrusion upon another's real property.

Which of the following is generally true regarding the tort of conversion?

A valid defense for battery is the free and intelligent consent given.