Question 1

Which of the following is an example of the privilege of statements made to protect or further the legitimate interests of another?

Accepted Answer

A) Employment reference 
B) Intracorporate communications 
C) Accurate media reports 
D) Opinion polls 
A) Employment reference 
B) Intracorporate communications 
C) Accurate media reports 
D) Opinion polls A

Question 2

Maria goes to Auto Mart to test drive a Corvette.While on the test drive,Maria is merely involved in a fender-bender.If Auto Mart sues Maria,what is the likely result?

Accepted Answer

A) Maria is liable for trespass to personal property and obligated to pay Auto Mart the reasonable value of the car. 
B) Maria is liable for trespass to personal property and obligated to pay Auto Mart damages to compensate it for the loss in value of the car. 
C) Maria is liable for conversion and obligated to pay Auto Mart damages to compensate it for its loss of use of the car. 
D) Maria is liable for conversion and obligated to pay Auto Mart the reasonable value of the car. 
A) Maria is liable for trespass to personal property and obligated to pay Auto Mart the reasonable value of the car. 
B) Maria is liable for trespass to personal property and obligated to pay Auto Mart damages to compensate it for the loss in value of the car. 
C) Maria is liable for conversion and obligated to pay Auto Mart damages to compensate it for its loss of use of the car. 
D) Maria is liable for conversion and obligated to pay Auto Mart the reasonable value of the car. B

Question 3

As discussed in Neumann v.Liles,the case in the text,statements of pure opinion:

Accepted Answer

A) do not amount to defamation because they are not statements of "fact." 
B) do not amount to defamation because they do not purport to be completely true. 
C) amount to defamation when shared with at least one person. 
D) are not protected under the First Amendment. 
A) do not amount to defamation because they are not statements of "fact." 
B) do not amount to defamation because they do not purport to be completely true. 
C) amount to defamation when shared with at least one person. 
D) are not protected under the First Amendment. A

Question 4

Libel is distinct from slander,in that,libel:

Accepted Answer

A) involves views on public figures. 
B) involves only content in print. 
C) involves only content on the Internet. 
D) is more permanent in nature. 
A) involves views on public figures. 
B) involves only content in print. 
C) involves only content on the Internet. 
D) is more permanent in nature.

Question 5

In Mathias v.Accor Economy Lodging Inc. ,the case in the text,the court found that punitive damages were appropriate because:

Accepted Answer

A) the jury also awarded compensatory damages. 
B) there was sufficient evidence of willful and wanton conduct (recklessness). 
C) the hotel admitted that they sold rooms ridden with bedbugs to customers. 
D) the hotel's bedbugs warning was insufficient. 
A) the jury also awarded compensatory damages. 
B) there was sufficient evidence of willful and wanton conduct (recklessness). 
C) the hotel admitted that they sold rooms ridden with bedbugs to customers. 
D) the hotel's bedbugs warning was insufficient.

Question 6

Traditionally,the common law has allowed plaintiffs to recover for libel without proof of ________.

Accepted Answer

A) punitive damages 
B) criminal damages 
C) liquidated damages 
D) actual damages 
A) punitive damages 
B) criminal damages 
C) liquidated damages 
D) actual damages

Question 7

Davis throws a dagger at Smith,intending to kill him.However,the dagger misses Smith and strikes the hat on Potter's head.The dagger does not make contact with Potter's body.Unharmed but finding the whole thing offensive,Potter sues Davis for battery.Which of the following is most true?

Accepted Answer

A) Davis is not liable because he did not intend to make contact with Potter. 
B) Davis is liable to Potter for negligence. 
C) Davis is not liable because Potter did not suffer any physical harm. 
D) Davis is liable to Potter for battery. 
A) Davis is not liable because he did not intend to make contact with Potter. 
B) Davis is liable to Potter for negligence. 
C) Davis is not liable because Potter did not suffer any physical harm. 
D) Davis is liable to Potter for battery.

Question 8

The defendant's intentional exercise of dominion or control over the plaintiff's personal property without the plaintiff's consent is called:

Accepted Answer

A) defamation. 
B) conversion. 
C) interference. 
D) libel. 
A) defamation. 
B) conversion. 
C) interference. 
D) libel.

Question 9

The standard of proof in a tort case is the preponderance of the evidence standard.

Accepted Answer

A) True 
 B)False

Question 10

________ is defined as the desire to cause certain consequences or the substantial certainty that those consequences will result from one's behavior.

Accepted Answer

A) Intent 
B) Negligence 
C) Liability 
D) Battery 
A) Intent 
B) Negligence 
C) Liability 
D) Battery

Question 11

________ are intended to punish flagrant wrongdoers and to deter them.

Accepted Answer

A) Compensatory damages 
B) Punitive damages 
C) Liquidated damages 
D) Tort damages 
A) Compensatory damages 
B) Punitive damages 
C) Liquidated damages 
D) Tort damages

Question 12

Which of the following is least likely to create liability for the first form of invasion of privacy (intrusion on personal solitude or seclusion)?

Accepted Answer

A) Using binoculars to look from your apartment into a neighbor's bedroom. 
B) Tapping someone's telephone,because this is a nonphysical intrusion. 
C) Examining someone's bank account. 
D) Examining public records concerning a person. 
A) Using binoculars to look from your apartment into a neighbor's bedroom. 
B) Tapping someone's telephone,because this is a nonphysical intrusion. 
C) Examining someone's bank account. 
D) Examining public records concerning a person.

Question 13

Humorous or satirical accounts ordinarily are not considered to be defamation unless:

Accepted Answer

A) a reasonable reader believes them to be real events. 
B) they are political in nature. 
C) the plaintiff can prove that they are about him/her. 
D) they expressly state so. 
A) a reasonable reader believes them to be real events. 
B) they are political in nature. 
C) the plaintiff can prove that they are about him/her. 
D) they expressly state so.

Question 14

Which tort defined in the Restatement (Second)of Torts requires behavior that is "so outrageous in character,and so extreme in degree,as to go beyond all possible bounds of decency?"

Accepted Answer

A) Battery 
B) Assault 
C) Intentional Infliction of Emotional Distress 
D) Conversion of Property 
A) Battery 
B) Assault 
C) Intentional Infliction of Emotional Distress 
D) Conversion of Property

Question 15

Books are Us (BU),a bookstore,is being sued for defamation after it sold a book containing false,defamatory statements about the plaintiff.What is BU's best defense to this lawsuit?

Accepted Answer

A) BU is not the publisher of the book. 
B) BU did not intend to harm the plaintiff. 
C) BU had no knowledge of the contents of the book. 
D) BU did not violate any criminal law or regulation in selling the book. 
A) BU is not the publisher of the book. 
B) BU did not intend to harm the plaintiff. 
C) BU had no knowledge of the contents of the book. 
D) BU did not violate any criminal law or regulation in selling the book.

Question 16

A party other than the person who initially made a defamatory statement may be liable along with the original speaker or writer if that other party served as a ________ of the defamatory falsehood but not if the other party was a mere ________.

Accepted Answer

A) publisher;distributor 
B) distributor;listener 
C) distributor;publisher 
D) publisher;listener. 
A) publisher;distributor 
B) distributor;listener 
C) distributor;publisher 
D) publisher;listener.

Question 17

In Obsidian Finance Group,LLC v.Cox,the case in the text,the court held that the Gertz negligence requirement for private defamation actions:

Accepted Answer

A) is limited to cases with intuitional media defendants. 
B) is inapplicable to private figures in the media. 
C) is not limited to cases with institutional media defendants. 
D) is inapplicable to cases that involve public concern. 
A) is limited to cases with intuitional media defendants. 
B) is inapplicable to private figures in the media. 
C) is not limited to cases with institutional media defendants. 
D) is inapplicable to cases that involve public concern.

Question 18

Ann is troubled with the noise of an old generator set up by her neighbor,Jose,at his residence.The noise the generator makes is unbearable.Ann sues Jose for nuisance.Will she succeed?

Accepted Answer

A) No,because it is reasonable noise. 
B) No,because generator is not Ann's personal property. 
C) No,because Ann cannot interfere with Jose's personal matters. 
D) Yes,because the noise is interfering with Ann's use and enjoyment of her land. 
A) No,because it is reasonable noise. 
B) No,because generator is not Ann's personal property. 
C) No,because Ann cannot interfere with Jose's personal matters. 
D) Yes,because the noise is interfering with Ann's use and enjoyment of her land.

Question 19

Ken,a car mechanic,agreed to repair the bumper of Anne's car after it was destroyed in a fender-bender.Ken and Anne have been friends for a number of years.When Ken finishes the repair,he calls Anne to let her know her car is ready to be picked up and to ask her out on a date.Anne is excited that her car is finished but politely declines Ken's date invitation.Ken is upset and refuses to return Anne's car.If Anne sues Ken,he may be liable for:

Accepted Answer

A) trespass to chattels. 
B) trespass to personal property. 
C) conversion. 
D) theft. 
A) trespass to chattels. 
B) trespass to personal property. 
C) conversion. 
D) theft.

Question 20

In Bertrand v.Mullin,the case in the text,the court held that:

Accepted Answer

A) the evidence demonstrated that the defendant's failure to write the advertisement in a different way amounted to actual malice. 
B) the evidence demonstrated that the defendant had a high degree of subjective awareness of falsity. 
C) the evidence failed to show actual malice and the plaintiff could not establish a defamation claim. 
D) the evidence failed to show that the defendant knowingly made a false statement. 
A) the evidence demonstrated that the defendant's failure to write the advertisement in a different way amounted to actual malice. 
B) the evidence demonstrated that the defendant had a high degree of subjective awareness of falsity. 
C) the evidence failed to show actual malice and the plaintiff could not establish a defamation claim. 
D) the evidence failed to show that the defendant knowingly made a false statement.

Exam 6: Intentional Torts

Which of the following is an example of the privilege of statements made to protect or further the legitimate interests of another?

Maria goes to Auto Mart to test drive a Corvette.While on the test drive,Maria is merely involved in a fender-bender.If Auto Mart sues Maria,what is the likely result?

As discussed in Neumann v.Liles,the case in the text,statements of pure opinion:

Libel is distinct from slander,in that,libel:

In Mathias v.Accor Economy Lodging Inc. ,the case in the text,the court found that punitive damages were appropriate because:

Traditionally,the common law has allowed plaintiffs to recover for libel without proof of ________.

Davis throws a dagger at Smith,intending to kill him.However,the dagger misses Smith and strikes the hat on Potter's head.The dagger does not make contact with Potter's body.Unharmed but finding the whole thing offensive,Potter sues Davis for battery.Which of the following is most true?

The defendant's intentional exercise of dominion or control over the plaintiff's personal property without the plaintiff's consent is called:

The standard of proof in a tort case is the preponderance of the evidence standard.

________ is defined as the desire to cause certain consequences or the substantial certainty that those consequences will result from one's behavior.

________ are intended to punish flagrant wrongdoers and to deter them.

Which of the following is least likely to create liability for the first form of invasion of privacy (intrusion on personal solitude or seclusion)?

Humorous or satirical accounts ordinarily are not considered to be defamation unless:

Which tort defined in the Restatement (Second)of Torts requires behavior that is "so outrageous in character,and so extreme in degree,as to go beyond all possible bounds of decency?"

Books are Us (BU),a bookstore,is being sued for defamation after it sold a book containing false,defamatory statements about the plaintiff.What is BU's best defense to this lawsuit?

A party other than the person who initially made a defamatory statement may be liable along with the original speaker or writer if that other party served as a ________ of the defamatory falsehood but not if the other party was a mere ________.

In Obsidian Finance Group,LLC v.Cox,the case in the text,the court held that the Gertz negligence requirement for private defamation actions:

Ann is troubled with the noise of an old generator set up by her neighbor,Jose,at his residence.The noise the generator makes is unbearable.Ann sues Jose for nuisance.Will she succeed?

In Bertrand v.Mullin,the case in the text,the court held that:

The Nature of Law

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

Filters

A party other than the person who initially made a defamatory statement may be liable along with the original speaker or writer if that other party served as a of the defamatory falsehood but not if the other party was a mere .