Question 1

Which of the following is slander rather than libel?

Accepted Answer

A) A defamatory statue 
B) An oral defamatory statement 
C) A defamatory magazine article 
D) A defamatory TV broadcast 
A) A defamatory statue 
B) An oral defamatory statement 
C) A defamatory magazine article 
D) A defamatory TV broadcast

Question 2

In the context of conversion,if there is a nonserious interference,the defendant would most likely be liable for:

Accepted Answer

A) nuisance. 
B) trespass to chattels. 
C) trespass to land. 
D) trespass to personal property. 
A) nuisance. 
B) trespass to chattels. 
C) trespass to land. 
D) trespass to personal property.

Question 3

Generally,the appropriate party to seek abatement of a public nuisance is:

Accepted Answer

A) the government. 
B) the plaintiff's next-door neighbor. 
C) the owner of an industrial power plant. 
D) the company's board of directors. 
A) the government. 
B) the plaintiff's next-door neighbor. 
C) the owner of an industrial power plant. 
D) the company's board of directors.

Question 4

Which of the following is not an example of conversion?

Accepted Answer

A) Purchasing stolen property 
B) Staying past the term of a residential lease 
C) Moving the plaintiff's car 
D) Selling stolen goods 
A) Purchasing stolen property 
B) Staying past the term of a residential lease 
C) Moving the plaintiff's car 
D) Selling stolen goods

Question 5

In the case in the text,Durham v.McDonald's Restaurants of Oklahoma,Inc. ,the court looked to the concept of ________ to determine whether the plaintiff was bound by a prior court's decision that stated the defendant's conduct was "not severe."

Accepted Answer

A) evading review 
B) ripeness 
C) issue preclusion 
D) mootness 
A) evading review 
B) ripeness 
C) issue preclusion 
D) mootness

Question 6

The Daily Tattler,a supermarket-checkout-counter tabloid,says that a U.S.Senator has fathered fourteen illegitimate children.The statement is false and defamatory.If the Senator sues the Tattler for libel,which fault or culpability standard applies? Why?

Accepted Answer

Actual malice is knowledge of

Question 7

Punitive damages are not meant to compensate victims for their injuries.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is not an example of slander per se?

Accepted Answer

A) False statements that the plaintiff is professionally incompetent 
B) False statements that the plaintiff has committed a crime involving moral turpitude 
C) False statements that the plaintiff has a loathsome disease 
D) False statements that cause some special damage 
A) False statements that the plaintiff is professionally incompetent 
B) False statements that the plaintiff has committed a crime involving moral turpitude 
C) False statements that the plaintiff has a loathsome disease 
D) False statements that cause some special damage

Question 9

To be liable for conversion,the defendant must know that the property rightfully belongs to someone else.

Accepted Answer

A) True 
 B)False

Question 10

Pam,a public figure,sues a newspaper for defamation based on statements regarding her stance on a public issue.Pam must prove the newspaper had actual malice in order to recover any damage.

Accepted Answer

A) True 
 B)False

Question 11

If one party threatens to commit battery on another individual tomorrow,then this is an assault today.

Accepted Answer

A) True 
 B)False

Question 12

A tort is a civil wrong,which is also the same as breach of contract.

Accepted Answer

A) True 
 B)False

Question 13

In general,liability for defamation requires:

Accepted Answer

A) widespread communication of the defamatory statement. 
B) communication of the defamatory statement from the plaintiff herself. 
C) publication of the defamatory statement. 
D) the identification of the source of the defamatory statement. 
A) widespread communication of the defamatory statement. 
B) communication of the defamatory statement from the plaintiff herself. 
C) publication of the defamatory statement. 
D) the identification of the source of the defamatory statement.

Question 14

Which of the following draws on the personal property right connected with a person's identity and her exclusive right to control it?

Accepted Answer

A) Writing a political editorial on a public figure 
B) Signing a person's name on a petition that he/she is against 
C) Commercially using someone's name 
D) Spreading malicious gossip about a well-known person 
A) Writing a political editorial on a public figure 
B) Signing a person's name on a petition that he/she is against 
C) Commercially using someone's name 
D) Spreading malicious gossip about a well-known person

Question 15

Ingmar wanted to buy Otto's land.Otto did not want to sell.In order to pressure Otto into selling the land,Ingmar brought a private nuisance lawsuit against Otto.In this case,Ingmar has probably committed the tort of:

Accepted Answer

A) abuse of process. 
B) malicious prosecution. 
C) defamation. 
D) deceit. 
A) abuse of process. 
B) malicious prosecution. 
C) defamation. 
D) deceit.

Question 16

In which of the following cases is it most likely that the plaintiff will only have to prove negligence on the defendant's part to recover for defamation?

Accepted Answer

A) Statements that a U.S.Senator had someone killed while in office. 
B) Statements that Madonna had someone killed. 
C) A statement that you or I murdered an innocent person during a robbery. 
D) A credit report on a construction contractor. 
A) Statements that a U.S.Senator had someone killed while in office. 
B) Statements that Madonna had someone killed. 
C) A statement that you or I murdered an innocent person during a robbery. 
D) A credit report on a construction contractor.

Question 17

In Farrell v.Macy's Retail Holdings,Inc. ,the case in the text,the court held that Macy's was not liable for false imprisonment because its employees:

Accepted Answer

A) acted subjectively reasonable under the circumstances. 
B) recognized the Farrells and had suspected them to be shoplifters before. 
C) noticed the plaintiffs had walked past all points of sale. 
D) had probable cause to detain the Farrells and as such,was protected under the state's shopkeeper's statute. 
A) acted subjectively reasonable under the circumstances. 
B) recognized the Farrells and had suspected them to be shoplifters before. 
C) noticed the plaintiffs had walked past all points of sale. 
D) had probable cause to detain the Farrells and as such,was protected under the state's shopkeeper's statute.

Question 18

What is the standard of proof that the plaintiff must satisfy in a tort case?

Accepted Answer

A) Preponderance of the evidence 
B) Beyond a reasonable doubt 
C) Benefit of assumption 
D) Burden of proof 
A) Preponderance of the evidence 
B) Beyond a reasonable doubt 
C) Benefit of assumption 
D) Burden of proof

Question 19

If the only harm a plaintiff landowner can demonstrate is the same one that the public in general has sustained as a result of the defendant's supposed nuisance,this would likely be an action for ________.

Accepted Answer

A) public nuisance 
B) trespass to land 
C) private nuisance 
D) trespass to chattels 
A) public nuisance 
B) trespass to land 
C) private nuisance 
D) trespass to chattels

Question 20

Which of the following is most likely to involve both defamation liability and liability for putting a person in a false light?

Accepted Answer

A) Saying that a philosopher favors Plato's philosophy over Aristotle's,when in fact the reverse is true. 
B) Falsely saying that an anti-abortion activist favors a candidate that is conservative and is anti-abortion. 
C) Falsely saying that an anti-abortion activist favors giving parents a right of infanticide for all children less than one year old. 
D) Signing a conservative Christian clergyman's name to a petition advocating greater sexual freedom for homosexuals which the clergyman supports the petition in private. 
A) Saying that a philosopher favors Plato's philosophy over Aristotle's,when in fact the reverse is true. 
B) Falsely saying that an anti-abortion activist favors a candidate that is conservative and is anti-abortion. 
C) Falsely saying that an anti-abortion activist favors giving parents a right of infanticide for all children less than one year old. 
D) Signing a conservative Christian clergyman's name to a petition advocating greater sexual freedom for homosexuals which the clergyman supports the petition in private.

Exam 6: Intentional Torts

Which of the following is slander rather than libel?

In the context of conversion,if there is a nonserious interference,the defendant would most likely be liable for:

Generally,the appropriate party to seek abatement of a public nuisance is:

Which of the following is not an example of conversion?

In the case in the text,Durham v.McDonald's Restaurants of Oklahoma,Inc. ,the court looked to the concept of ________ to determine whether the plaintiff was bound by a prior court's decision that stated the defendant's conduct was "not severe."

The Daily Tattler,a supermarket-checkout-counter tabloid,says that a U.S.Senator has fathered fourteen illegitimate children.The statement is false and defamatory.If the Senator sues the Tattler for libel,which fault or culpability standard applies? Why?

Punitive damages are not meant to compensate victims for their injuries.

Which of the following is not an example of slander per se?

To be liable for conversion,the defendant must know that the property rightfully belongs to someone else.

Pam,a public figure,sues a newspaper for defamation based on statements regarding her stance on a public issue.Pam must prove the newspaper had actual malice in order to recover any damage.

If one party threatens to commit battery on another individual tomorrow,then this is an assault today.

A tort is a civil wrong,which is also the same as breach of contract.

In general,liability for defamation requires:

Which of the following draws on the personal property right connected with a person's identity and her exclusive right to control it?

Ingmar wanted to buy Otto's land.Otto did not want to sell.In order to pressure Otto into selling the land,Ingmar brought a private nuisance lawsuit against Otto.In this case,Ingmar has probably committed the tort of:

In which of the following cases is it most likely that the plaintiff will only have to prove negligence on the defendant's part to recover for defamation?

In Farrell v.Macy's Retail Holdings,Inc. ,the case in the text,the court held that Macy's was not liable for false imprisonment because its employees:

What is the standard of proof that the plaintiff must satisfy in a tort case?

If the only harm a plaintiff landowner can demonstrate is the same one that the public in general has sustained as a result of the defendant's supposed nuisance,this would likely be an action for ________.

Which of the following is most likely to involve both defamation liability and liability for putting a person in a false light?

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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