Question 1

In the Ferrell v.Mikula case,the Georgia Court of Appeals said that:

Accepted Answer

A) false imprisonment is the unlawful detention of the person of another for an unreasonable length of time. 
B) the essential elements of an action for false imprisonment include detention, unlawfulness, and malice. 
C) the elements of a cause of action for intentional infliction of emotional distress include either intentional or reckless conduct that is extreme and outrageous, a causal connection between the wrongful conduct and the emotional distress, and severe emotional distress. 
D) to constitute the tort of intentional infliction of emotional distress, action must be intentional, not merely reckless. 
A) false imprisonment is the unlawful detention of the person of another for an unreasonable length of time. 
B) the essential elements of an action for false imprisonment include detention, unlawfulness, and malice. 
C) the elements of a cause of action for intentional infliction of emotional distress include either intentional or reckless conduct that is extreme and outrageous, a causal connection between the wrongful conduct and the emotional distress, and severe emotional distress. 
D) to constitute the tort of intentional infliction of emotional distress, action must be intentional, not merely reckless.

Question 2

Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks the window.This is trespass to real property,even if Tim himself does not go onto the property to get the ball.

Accepted Answer

A) True 
 B)False

Question 3

To help sell the product,a book publisher used a well-known commentator's name and her quote on the back book jacket of a new release without the commentator's knowledge or permission.No tort was involved since there was no injury to anyone.

Accepted Answer

A) True 
 B)False

Question 4

Two absolute defenses to the tort of defamation are:

Accepted Answer

A) truth and self-defense. 
B) truth and privilege. 
C) privilege and self-defense. 
D) truth and defense of property. 
A) truth and self-defense. 
B) truth and privilege. 
C) privilege and self-defense. 
D) truth and defense of property.

Question 5

Which of the following is not a principal objective of tort law?

Accepted Answer

A) To compensate persons who sustain harm or loss resulting from another's conduct. 
B) To punish the person who committed the tort. 
C) To place the cost of compensating victims only on those parties who should bear it. 
D) To prevent future harms and losses. 
A) To compensate persons who sustain harm or loss resulting from another's conduct. 
B) To punish the person who committed the tort. 
C) To place the cost of compensating victims only on those parties who should bear it. 
D) To prevent future harms and losses.

Question 6

Minors under the age of 18 are not held liable for their intentional torts.

Accepted Answer

A) True 
 B)False

Question 7

Intent,as used in tort law,requires an evil motive.

Accepted Answer

A) True 
 B)False

Question 8

Defenses of absolute,conditional,and constitutional privilege apply to defamation and also to publication of any matter that is an invasion of privacy.

Accepted Answer

A) True 
 B)False

Question 9

For purposes of intentional torts,a person can have the intent to cause harm if the harm is substantially certain to occur even if he or she doesn't desire that such harm occur.

Accepted Answer

A) True 
 B)False

Question 10

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 was not confined within fixed boundaries, she was not harmed by the deprogrammer's presence, and she had a reasonable means of leaving. 
C) Sarah has committed the tort of malicious prosecution. 
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 was not confined within fixed boundaries, she was not harmed by the deprogrammer's presence, and she had a reasonable means of leaving. 
C) Sarah has committed the tort of malicious prosecution. 
D) Sarah's parents are guilty of intrusion but not of false imprisonment.

Question 11

Malicious prosecution and wrongful civil proceedings impose liability for damages caused by improperly brought proceedings,including harm to reputation,credit,or standing; emotional distress; and expenses of defense.

Accepted Answer

A) True 
 B)False

Question 12

Which one of the following is NOT one of the torts included within invasion of privacy?

Accepted Answer

A) Nuisance. 
B) Intrusion. 
C) Appropriation. 
D) False light. 
A) Nuisance. 
B) Intrusion. 
C) Appropriation. 
D) False light.

Question 13

For purposes of defamation,a publication includes non-written,verbal communication to third parties.

Accepted Answer

A) True 
 B)False

Question 14

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 15

Brad doesn't like Jordan and especially dislikes Jordan's new felt hat,so he intentionally knocks it off Jordan's head in order to embarrass Jordan.Brad has committed a battery.

Accepted Answer

A) True 
 B)False

Question 16

A privilege may result in immunity from tort liability.

Accepted Answer

A) True 
 B)False

Question 17

Cameron doesn't like Bradley,so at a cocktail party he spread untrue rumors about Bradley's lifestyle.These rumors harm Bradley's reputation in the community.

Accepted Answer

A) Cameron is guilty of libel. 
B) Cameron is guilty of slander. 
C) Bradley does not have a defamation suit against Cameron. 
D) Cameron is protected by the First Amendment to the Constitution. 
A) Cameron is guilty of libel. 
B) Cameron is guilty of slander. 
C) Bradley does not have a defamation suit against Cameron. 
D) Cameron is protected by the First Amendment to the Constitution.

Question 18

A letter sent to someone falsely accusing her of being a murderer constitutes the tort of defamation.

Accepted Answer

A) True 
 B)False

Question 19

Qualified privilege depends on proper use of the privilege.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

Criminal intent or mens rea is the menta

Exam 7: Intentional Torts

In the Ferrell v.Mikula case,the Georgia Court of Appeals said that:

Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks the window.This is trespass to real property,even if Tim himself does not go onto the property to get the ball.

To help sell the product,a book publisher used a well-known commentator's name and her quote on the back book jacket of a new release without the commentator's knowledge or permission.No tort was involved since there was no injury to anyone.

Two absolute defenses to the tort of defamation are:

Which of the following is not a principal objective of tort law?

Minors under the age of 18 are not held liable for their intentional torts.

Intent,as used in tort law,requires an evil motive.

Defenses of absolute,conditional,and constitutional privilege apply to defamation and also to publication of any matter that is an invasion of privacy.

For purposes of intentional torts,a person can have the intent to cause harm if the harm is substantially certain to occur even if he or she doesn't desire that such harm occur.

Malicious prosecution and wrongful civil proceedings impose liability for damages caused by improperly brought proceedings,including harm to reputation,credit,or standing; emotional distress; and expenses of defense.

Which one of the following is NOT one of the torts included within invasion of privacy?

For purposes of defamation,a publication includes non-written,verbal communication to third parties.

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

Brad doesn't like Jordan and especially dislikes Jordan's new felt hat,so he intentionally knocks it off Jordan's head in order to embarrass Jordan.Brad has committed a battery.

A privilege may result in immunity from tort liability.

Cameron doesn't like Bradley,so at a cocktail party he spread untrue rumors about Bradley's lifestyle.These rumors harm Bradley's reputation in the community.

A letter sent to someone falsely accusing her of being a murderer constitutes the tort of defamation.

Qualified privilege depends on proper use of the privilege.

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

Introduction to Law

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