Exam 7: Intentional Torts

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Carl threw a bomb into the office of his insurance agent,intending to kill the agent because the company had disallowed his claim.The agent wasn't in the building,but the bomb seriously injured his secretary,who was working in the office.

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(Multiple Choice)

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Question 1

Correct Answer:

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What is the broad category of defenses available to the tort of defamation? Under what circumstances can the U.S.Constitution be used as a defense to an action for an intentional tort?

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(Essay)

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Question 2

Correct Answer:

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Privilege is the broad category of defenses to the tort of defamation.Privilege includes absolute privilege,conditional privilege,and constitutional privilege.Absolute privilege protects the defendant regardless of motive or intent and includes statements made by participants in a judicial proceeding,statements made by members of Congress on the floor of Congress,statements made by certain executive branch officers while performing their governmental duties,and statements regarding a third party made between spouses when they are alone.Qualified or conditional privilege exists to protect the publisher's own legitimate interests,or in some cases,the interests of another.It is forfeited by a publisher who acts in an excessive manner,without probable cause,or for an improper purpose.Constitutional privilege extends to defamatory and false statements about public officials or public figures so long as it is done without malice.In a defamation suit brought by a private person,the plaintiff must prove that the defendant published the defamatory and false comment with malice or negligence.

All conversions are trespasses but not all trespasses are conversions.

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(True/False)

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Question 3

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True

Anita included Bob's name and photograph in a list of the FBI's top ten criminals.Bob has never been convicted of any crime and is horrified by the thought of being considered a criminal.This:

(Multiple Choice)

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Question 4

Arthur fired a gun in the middle of the desert.He intended to fire the gun,but had no reason to believe anyone else was in the area.The bullet hit Bob,who happened to be riding his ATV across the desert.In this case:

(Multiple Choice)

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Question 5

Al,a cross-country bus driver,kisses Susie,a passenger,while she sleeps.Al could be sued for battery.

(True/False)

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Question 6

In the Philip Morris USA v.Williams case,the Supreme Court stated that punitive damages may be properly imposed in certain cases but,because of constitutional limitations,cannot be grossly excessive.

(True/False)

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Question 7

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

(Multiple Choice)

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Question 8

X knows that Y has offered to sell wheat to Z at a certain price per bushel.Hoping to get Z for a customer,X offers Z wheat at $.50 less a bushel than Y offered.X gets the contract.X is liable to Y for the tort of interference with contractual relations.

(True/False)

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Question 9

Tort liability is civil liability that is voluntarily assumed.

(True/False)

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Question 10

Infliction of emotional distress occurs when a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person.

(True/False)

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Question 11

Julian threw a brick at Will,intending to hit him.If the brick instead hits Anna,Julian has:

(Multiple Choice)

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Question 12

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

(Essay)

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Question 13

In 1996 the ALI approved development of the Restatement Third,Torts: Liability for Physical and Emotional Harm,which applies mostly to nonintentional torts.As of 2011,neither of this Restatement's two volumes had yet been published in final form.

(True/False)

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Question 14

The law of torts reallocates losses caused by human misconduct.

(True/False)

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Question 15

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.

(True/False)

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Question 16

In an article about a prominent judge,a newspaper indicates that the judge had organized crime connections.The judge sues.The judge will have a cause of action:

(Multiple Choice)

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Question 17

Which of the following can be raised as a defense to a claim of defamation?

(Multiple Choice)

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Question 18

Moore,an employee of Lewpenski Motors,fraudulently tells Tolson,a prospective car buyer,that the used car he is considering has never been in an accident.If Tolson buys the car in reliance on Moore's false statement,both Moore and Lewpenski Motors are liable to Tolson for damages based on the fraudulent misrepresentation.

(True/False)

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Question 19

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?

(Multiple Choice)

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Question 20

Showing 1 - 20 of 104

Exam 7: Intentional Torts

Carl threw a bomb into the office of his insurance agent,intending to kill the agent because the company had disallowed his claim.The agent wasn't in the building,but the bomb seriously injured his secretary,who was working in the office.

What is the broad category of defenses available to the tort of defamation? Under what circumstances can the U.S.Constitution be used as a defense to an action for an intentional tort?

All conversions are trespasses but not all trespasses are conversions.

Anita included Bob's name and photograph in a list of the FBI's top ten criminals.Bob has never been convicted of any crime and is horrified by the thought of being considered a criminal.This:

Arthur fired a gun in the middle of the desert.He intended to fire the gun,but had no reason to believe anyone else was in the area.The bullet hit Bob,who happened to be riding his ATV across the desert.In this case:

Al,a cross-country bus driver,kisses Susie,a passenger,while she sleeps.Al could be sued for battery.

In the Philip Morris USA v.Williams case,the Supreme Court stated that punitive damages may be properly imposed in certain cases but,because of constitutional limitations,cannot be grossly excessive.

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

X knows that Y has offered to sell wheat to Z at a certain price per bushel.Hoping to get Z for a customer,X offers Z wheat at $.50 less a bushel than Y offered.X gets the contract.X is liable to Y for the tort of interference with contractual relations.

Tort liability is civil liability that is voluntarily assumed.

Infliction of emotional distress occurs when a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person.

Julian threw a brick at Will,intending to hit him.If the brick instead hits Anna,Julian has:

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

In 1996 the ALI approved development of the Restatement Third,Torts: Liability for Physical and Emotional Harm,which applies mostly to nonintentional torts.As of 2011,neither of this Restatement's two volumes had yet been published in final form.

The law of torts reallocates losses caused by human misconduct.

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.

In an article about a prominent judge,a newspaper indicates that the judge had organized crime connections.The judge sues.The judge will have a cause of action:

Which of the following can be raised as a defense to a claim of defamation?

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?

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