Question 1

In the case of false imprisonment,the plaintiff must be under confinement for a long period of time.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following is most likely to be classed as a nuisance (rather than as a trespass to land)?

Accepted Answer

A) Firing a machine gun through an adjoining landowner's airspace. 
B) Allowing thick smoke from your manufacturing operations to continually drift over an adjoining landowner's land. 
C) Leaving smelly,unsanitary garbage on your ex-landlord's land after the expiration of your lease. 
D) Chasing another person onto an adjoining landowner's land. 
A) Firing a machine gun through an adjoining landowner's airspace. 
B) Allowing thick smoke from your manufacturing operations to continually drift over an adjoining landowner's land. 
C) Leaving smelly,unsanitary garbage on your ex-landlord's land after the expiration of your lease. 
D) Chasing another person onto an adjoining landowner's land.

Question 3

Typically,those that voluntarily participate in sports have consented to the touching in such sports.However,this consent is limited to:

Accepted Answer

A) the rules of the sport. 
B) what the plaintiff objectively believed was appropriate for the sport. 
C) what the plaintiff subjectively believed was appropriate for the sport. 
D) contacts that are a normal consequence of the activity. 
A) the rules of the sport. 
B) what the plaintiff objectively believed was appropriate for the sport. 
C) what the plaintiff subjectively believed was appropriate for the sport. 
D) contacts that are a normal consequence of the activity.

Question 4

Which of the following characterizes false imprisonment?

Accepted Answer

A) Unintentional confinement of a person with consent 
B) Partial confinement of a person by blocking an exit,when several exist 
C) Intentional confinement of a person with consent 
D) Unfounded assertion of legal authority to detain a person 
A) Unintentional confinement of a person with consent 
B) Partial confinement of a person by blocking an exit,when several exist 
C) Intentional confinement of a person with consent 
D) Unfounded assertion of legal authority to detain a person

Question 5

The tort of malicious prosecution affords a remedy when the defendant mounted a wrongful and unjustifiable civil suit against the plaintiff.

Accepted Answer

A) True 
 B)False

Question 6

What type of damages are awarded to an injured party in a tort case to cover damages for the harm that the injured party suffered?

Accepted Answer

A) Compensatory Damages 
B) Punitive Damages 
C) Criminal Fines 
D) Liquidated Damages 
A) Compensatory Damages 
B) Punitive Damages 
C) Criminal Fines 
D) Liquidated Damages

Question 7

A(n)________ shields the author of a defamatory statement regardless of his/her knowledge,motive,or intent.

Accepted Answer

A) demurrer 
B) transferred intent 
C) intentional tort 
D) absolute privilege 
A) demurrer 
B) transferred intent 
C) intentional tort 
D) absolute privilege

Question 8

Television and radio broadcasts usually are classified as slander rather than libel because they involve spoken words rather than written ones.

Accepted Answer

A) True 
 B)False

Question 9

Adam published his personal opinion about the current condition of politics stating,"Though the government is unable to fulfill the demands of the public,they demand votes;they really are beggars on streets." Can politicians sue him for defamation under tort?

Accepted Answer

A) No,because as a general rule the material in a newspaper is totally exempted. 
B) Yes,because defamation in a newspaper is always a tort. 
C) Yes,because Adam wrote even though he did not have authority. 
D) No,because statements of pure opinion do not amount to defamation. 
A) No,because as a general rule the material in a newspaper is totally exempted. 
B) Yes,because defamation in a newspaper is always a tort. 
C) Yes,because Adam wrote even though he did not have authority. 
D) No,because statements of pure opinion do not amount to defamation.

Question 10

As a prank,Joe signs Susan's name to a pro-abortion petition that appears in a local newspaper.Susan is passionately opposed to abortion.Thus,Susan sues Joe for both defamation and for putting her in a false light in the public eye.Is Joe liable for either tort? If it matters,assume that the town in question is a fairly liberal one with a lot of abortion supporters.

Accepted Answer

Joe cannot be liable for defamation beca

Question 11

Nuisance involves the physical invasion of another's property.

Accepted Answer

A) True 
 B)False

Question 12

With a tort,the government,either the State or Federal,prosecutes an individual for a harm to society.

Accepted Answer

A) True 
 B)False

Question 13

An essential element of the tort is that the alleged defamatory statement must be "of and concerning" the plaintiff.Why?

Accepted Answer

A) It is extremely difficult to prove. 
B) It places a burden on the defendant. 
C) It aims to protect reputation. 
D) It concerns public figures. 
A) It is extremely difficult to prove. 
B) It places a burden on the defendant. 
C) It aims to protect reputation. 
D) It concerns public figures.

Question 14

Sounds that reverberate across the plaintiff's land are more likely to be classed as a nuisance than as a trespass to land.

Accepted Answer

A) True 
 B)False

Question 15

William goes to Auto Imports and asks to test drive a new Aston Martin.While on the test drive,William wrecks the car,causing major damage.If Auto Imports sues William,what is the likely result?

Accepted Answer

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

Question 16

After a student named Bob insults him in class,Marvin,a business law professor,pulls out his .38-revolver and fires a shot at the student.The shot misses Bob,but strikes another student named Cathy,who never saw the shot coming and never knew what hit her.Bob and Cathy sue Marvin for assault and battery.Who can recover for what? Why?

Accepted Answer

Bob can recover for assault and Cathy fo

Question 17

Defamation liability requires publication of the defamatory statement to an appreciable number of people.

Accepted Answer

A) True 
 B)False

Question 18

The difference between a public figure and a private figure regarding defamation cases is that:

Accepted Answer

A) only the public figure can file a case. 
B) the private figure generally loses such cases. 
C) the public figure has to prove actual malice. 
D) the private figure does not enjoy conditional privileges. 
A) only the public figure can file a case. 
B) the private figure generally loses such cases. 
C) the public figure has to prove actual malice. 
D) the private figure does not enjoy conditional privileges.

Question 19

In an assault case,it is irrelevant:

Accepted Answer

A) whether the threatened contact actually occurs. 
B) whether there is any intent or not. 
C) whether there is an apprehension of harmful contact. 
D) whether there is any reasonable apprehension of imminent battery. 
A) whether the threatened contact actually occurs. 
B) whether there is any intent or not. 
C) whether there is an apprehension of harmful contact. 
D) whether there is any reasonable apprehension of imminent battery.

Question 20

For a battery to exist,the plaintiff must be aware of a harmful or offensive contact at the time that contact occurs.

Accepted Answer

A) True 
 B)False

Exam 6: Intentional Torts

In the case of false imprisonment,the plaintiff must be under confinement for a long period of time.

Which of the following is most likely to be classed as a nuisance (rather than as a trespass to land)?

Typically,those that voluntarily participate in sports have consented to the touching in such sports.However,this consent is limited to:

Which of the following characterizes false imprisonment?

The tort of malicious prosecution affords a remedy when the defendant mounted a wrongful and unjustifiable civil suit against the plaintiff.

What type of damages are awarded to an injured party in a tort case to cover damages for the harm that the injured party suffered?

A(n)________ shields the author of a defamatory statement regardless of his/her knowledge,motive,or intent.

Television and radio broadcasts usually are classified as slander rather than libel because they involve spoken words rather than written ones.

Adam published his personal opinion about the current condition of politics stating,"Though the government is unable to fulfill the demands of the public,they demand votes;they really are beggars on streets." Can politicians sue him for defamation under tort?

Nuisance involves the physical invasion of another's property.

With a tort,the government,either the State or Federal,prosecutes an individual for a harm to society.

An essential element of the tort is that the alleged defamatory statement must be "of and concerning" the plaintiff.Why?

Sounds that reverberate across the plaintiff's land are more likely to be classed as a nuisance than as a trespass to land.

William goes to Auto Imports and asks to test drive a new Aston Martin.While on the test drive,William wrecks the car,causing major damage.If Auto Imports sues William,what is the likely result?

Defamation liability requires publication of the defamatory statement to an appreciable number of people.

The difference between a public figure and a private figure regarding defamation cases is that:

In an assault case,it is irrelevant:

For a battery to exist,the plaintiff must be aware of a harmful or offensive contact at the time that contact occurs.

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

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