Question 1

Most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect:

Accepted Answer

A) without physical discomfort. 
B) with probable cause, in a reasonable manner, and for not more than a reasonable time. 
C) for no more than 30 minutes. 
D) in a way that will not cause embarrassment or physical injury to the suspect. 
A) without physical discomfort. 
B) with probable cause, in a reasonable manner, and for not more than a reasonable time. 
C) for no more than 30 minutes. 
D) in a way that will not cause embarrassment or physical injury to the suspect.

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.

Accepted Answer

A) True 
 B)False

Question 4

Compare and contrast the intent necessary to commit a tort with the intent necessary to commit a crime.

Accepted Answer

Criminal intent or mens rea is the menta

Question 5

Three torts comprise the misuse of legal procedure.They include:

Accepted Answer

A) malicious prosecution. 
B) slanderous prosecution. 
C) fraudulent misrepresentation. 
D) All of the above. 
A) malicious prosecution. 
B) slanderous prosecution. 
C) fraudulent misrepresentation. 
D) All of the above.

Question 6

Only the intentional destruction of personal property and not the use of the property in an unauthorized manner can give rise to a cause of action for conversion.

Accepted Answer

A) True 
 B)False

Question 7

Smith, a witness in a lawsuit against Weaver, made a defamatory statement about Weaver at trial because she was jealous of Weaver and wanted her to be found guilty.Smith has the absolute privilege to make such a statement, so Weaver cannot successfully sue Smith for defamation.

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests.

Accepted Answer

A) True 
 B)False

Question 10

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 11

A newspaper article hints that a certain corporation is a front for illegal activity.The corporation:

Accepted Answer

A) will lose a defamation suit because only natural persons can successfully bring defamation suits. 
B) will likely win a defamation suit if the statement is untrue. 
C) will likely lose a defamation suit because the press has an absolute privilege in this type of case. 
D) can win an invasion of privacy suit even if the statement is true. 
A) will lose a defamation suit because only natural persons can successfully bring defamation suits. 
B) will likely win a defamation suit if the statement is untrue. 
C) will likely lose a defamation suit because the press has an absolute privilege in this type of case. 
D) can win an invasion of privacy suit even if the statement is true.

Question 12

A false communication made with knowledge of its falsity and with the intent to induce another to act is known as:

Accepted Answer

A) disparagement. 
B) fraudulent misrepresentation. 
C) defamation. 
D) invasion of privacy. 
A) disparagement. 
B) fraudulent misrepresentation. 
C) defamation. 
D) invasion of privacy.

Question 13

Litigation for the tort of disparagement may include:

Accepted Answer

A) a demand for those monetary losses that indirectly result from the impairment of the marketability of the property disparaged. 
B) a demand for expenses for the cost of notifying customers of the falsity of the publication. 
C) Both (a) and (b). 
D) None of the above. 
A) a demand for those monetary losses that indirectly result from the impairment of the marketability of the property disparaged. 
B) a demand for expenses for the cost of notifying customers of the falsity of the publication. 
C) Both (a) and (b). 
D) None of the above.

Question 14

Intentional harm to property includes the torts of:

Accepted Answer

A) trespass to real and personal property. 
B) nuisance. 
C) conversion. 
D) All of the above. 
A) trespass to real and personal property. 
B) nuisance. 
C) conversion. 
D) All of the above.

Question 15

Sarah joined a religious cult while a student at college.Her father hired a deprogrammer who spent several weeks with her, during which they occasionally went on outings.After Sarah met with her boyfriend one weekend, she rejoined the cult and sued her father and the deprogrammer for false imprisonment.In this case:

Accepted Answer

A) Sarah will win because this is clearly false imprisonment. 
B) Sarah will lose because she had a reasonable means of escaping and voluntarily consented to the confinement. 
C) Sarah has committed the tort of abuse of process. 
D) Sarah's parents are guilty of intrusion but not of false imprisonment. 
A) Sarah will win because this is clearly false imprisonment. 
B) Sarah will lose because she had a reasonable means of escaping and voluntarily consented to the confinement. 
C) Sarah has committed the tort of abuse of process. 
D) Sarah's parents are guilty of intrusion but not of false imprisonment.

Question 16

The Hometown News snapped a picture of Tim as he was sleeping under a tree in the park on a warm spring day.They printed the picture on the front page of the paper.The Hometown News is guilty of:

Accepted Answer

A) intrusion. 
B) false light. 
C) appropriation. 
D) It is unlikely that the Hometown News is guilty of any tort. 
A) intrusion. 
B) false light. 
C) appropriation. 
D) It is unlikely that the Hometown News is guilty of any tort.

Question 17

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

Question 18

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. 
A) trespass to personal property. 
B) interference with economic interests. 
C) conversion. 
D) fraudulent misrepresentation.

Question 19

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. 
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 20

The tort of defamation is best defined as the unreasonable public disclosure of private facts.

Accepted Answer

A) True 
 B)False

Exam 7: Intentional Torts

Most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect:

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

In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.

Compare and contrast the intent necessary to commit a tort with the intent necessary to commit a crime.

Three torts comprise the misuse of legal procedure.They include:

Only the intentional destruction of personal property and not the use of the property in an unauthorized manner can give rise to a cause of action for conversion.

Smith, a witness in a lawsuit against Weaver, made a defamatory statement about Weaver at trial because she was jealous of Weaver and wanted her to be found guilty.Smith has the absolute privilege to make such a statement, so Weaver cannot successfully sue Smith for defamation.

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

Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests.

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

A newspaper article hints that a certain corporation is a front for illegal activity.The corporation:

A false communication made with knowledge of its falsity and with the intent to induce another to act is known as:

Litigation for the tort of disparagement may include:

Intentional harm to property includes the torts of:

The Hometown News snapped a picture of Tim as he was sleeping under a tree in the park on a warm spring day.They printed the picture on the front page of the paper.The Hometown News is guilty of:

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

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:

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:

The tort of defamation is best defined as the unreasonable public disclosure of private facts.

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer

Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

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