Question 1

In the Philip Morris USA v.Williams case, the U.S.Supreme Court held that:

Accepted Answer

A) the Due Process Clause forbids a state from using a punitive damages award to punish a defendant for injury it inflicts on nonparties. 
B) courts may not award punitive damages in negligence cases; the defendant must have acted purposefully. 
C) the punitive damage award was "grossly excessive" in this case. 
D) punitive damages serve a narrower function than compensatory damages. 
A) the Due Process Clause forbids a state from using a punitive damages award to punish a defendant for injury it inflicts on nonparties. 
B) courts may not award punitive damages in negligence cases; the defendant must have acted purposefully. 
C) the punitive damage award was "grossly excessive" in this case. 
D) punitive damages serve a narrower function than compensatory damages. A

Question 2

A significant trend affecting business has been the bringing of defamation suits against former employers by discharged employees.Such suits comprise approximately what share of all defamation lawsuits?

Accepted Answer

A) One fifth. 
B) One fourth. 
C) One third. 
D) One half. 
A) One fifth. 
B) One fourth. 
C) One third. 
D) One half. C

Question 3

A radio communication that meets the test of defamation may also be categorized as:

Accepted Answer

A) false light. 
B) slander. 
C) libel. 
D) intrusion. 
A) false light. 
B) slander. 
C) libel. 
D) intrusion. C

Question 4

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. 
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 5

Under constitutional privilege, a public official or public figure must prove that the defendant published the defamatory and false comment with knowledge of the comment's falsity or in reckless disregard of the truth.

Accepted Answer

A) True 
 B)False

Question 6

Alice was briefly married at the age of 16.She is now 28 years old and plans to marry Henry.Henry's sister found out about Alice's first marriage and then told Henry's parents.Alice now wants to sue Henry's sister for public disclosure of private facts.Does Alice have a case against Henry's sister?

Accepted Answer

A) Yes. 
B) No, because telling Henry's parents is not sufficient publicity for public disclosure of private facts. 
C) No, because the statement is true. 
D) No, because marriage is a public and not a private fact, and because telling Henry's parents is not sufficient publicity. 
A) Yes. 
B) No, because telling Henry's parents is not sufficient publicity for public disclosure of private facts. 
C) No, because the statement is true. 
D) No, because marriage is a public and not a private fact, and because telling Henry's parents is not sufficient publicity.

Question 7

Tort liability is civil liability that is voluntarily assumed.

Accepted Answer

A) True 
 B)False

Question 8

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 9

A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if the:

Accepted Answer

A) movie star was in a restaurant at the time. 
B) pictures were not published. 
C) movie star was in bed at the time. 
D) photographer never entered onto the movie star's property. 
A) movie star was in a restaurant at the time. 
B) pictures were not published. 
C) movie star was in bed at the time. 
D) photographer never entered onto the movie star's property.

Question 10

Brad doesn't like Carl and especially dislikes Carl's new felt hat, so he intentionally knocks it off Carl's head in order to embarrass Carl.Brad has committed a battery.

Accepted Answer

A) True 
 B)False

Question 11

The tort of false light imposes liability if the matter in question is objectionable to a reasonable person, but is not necessarily defamatory.

Accepted Answer

A) True 
 B)False

Question 12

The tort of __________ is a false communication, which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

Accepted Answer

A) false light 
B) intrusion 
C) defamation 
D) disparagement 
A) false light 
B) intrusion 
C) defamation 
D) disparagement

Question 13

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

Question 14

All conversions are trespasses but not all trespasses are conversions.

Accepted Answer

A) True 
 B)False

Question 15

Arthur offers Bob, an employee of Carol, a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carol.Arthur knows about the contract between Bob and Carol and knows that the contract should run for another five years, but Arthur badly wants Bob to work for him.Arthur probably is liable to Carol for intentional interference with contractual relations.

Accepted Answer

A) True 
 B)False

Question 16

In the Ferrell v.Mikula case, the court of appeals held that the essential elements of a false imprisonment action are detention and its unlawfulness, but that malice and want of probable cause need not be shown.

Accepted Answer

A) True 
 B)False

Question 17

Tort law gives persons relief from civil wrongs or injuries to their person and property but not their economic interests.

Accepted Answer

A) True 
 B)False

Question 18

Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not show to anyone else.Ashley 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. 
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 19

Identify the elements of a tort and the objectives of tort law.

Accepted Answer

The elements of a tort are: (a) a duty o

Question 20

Invasion of privacy consists of:

Accepted Answer

A) appropriation. 
B) intrusion. 
C) public disclosure of private facts. 
D) All of the above are invasions of privacy. 
A) appropriation. 
B) intrusion. 
C) public disclosure of private facts. 
D) All of the above are invasions of privacy.

Exam 7: Intentional Torts

In the Philip Morris USA v.Williams case, the U.S.Supreme Court held that:

A significant trend affecting business has been the bringing of defamation suits against former employers by discharged employees.Such suits comprise approximately what share of all defamation lawsuits?

A radio communication that meets the test of defamation may also be categorized as:

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:

Under constitutional privilege, a public official or public figure must prove that the defendant published the defamatory and false comment with knowledge of the comment's falsity or in reckless disregard of the truth.

Alice was briefly married at the age of 16.She is now 28 years old and plans to marry Henry.Henry's sister found out about Alice's first marriage and then told Henry's parents.Alice now wants to sue Henry's sister for public disclosure of private facts.Does Alice have a case against Henry's sister?

Tort liability is civil liability that is voluntarily assumed.

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

A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if the:

Brad doesn't like Carl and especially dislikes Carl's new felt hat, so he intentionally knocks it off Carl's head in order to embarrass Carl.Brad has committed a battery.

The tort of false light imposes liability if the matter in question is objectionable to a reasonable person, but is not necessarily defamatory.

The tort of __________ is a false communication, which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

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

All conversions are trespasses but not all trespasses are conversions.

In the Ferrell v.Mikula case, the court of appeals held that the essential elements of a false imprisonment action are detention and its unlawfulness, but that malice and want of probable cause need not be shown.

Tort law gives persons relief from civil wrongs or injuries to their person and property but not their economic interests.

Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not show to anyone else.Ashley has committed:

Identify the elements of a tort and the objectives of tort law.

Invasion of privacy consists of:

Introduction to Law

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