Question 1

One of the principal objectives of tort law is to prevent future harms and losses.

Accepted Answer

A) True 
 B)False

Question 2

A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does.

Accepted Answer

A) True 
 B)False

Question 3

Mary's car was parked just outside the east door of the Civic Center.When she tried to exit,three ominous-looking gang members were blocking that door.She called the police who arrested the three for loitering.If Mary brings suit against them for false imprisonment:

Accepted Answer

A) she will lose if there was another exit she could have used. 
B) she will lose because she was not harmed by the confinement. 
C) she will win even if there was another way out because she was, in effect, being confined to the Civic Center. 
D) she will win because they were blocking her passage to her car. 
A) she will lose if there was another exit she could have used. 
B) she will lose because she was not harmed by the confinement. 
C) she will win even if there was another way out because she was, in effect, being confined to the Civic Center. 
D) she will win because they were blocking her passage to her car.

Question 4

Pamela,without authorization,eavesdrops on a conversation between Mark and Elise.Pamela has not committed the tort of intrusion unless she makes the conversation public.

Accepted Answer

A) True 
 B)False

Question 5

In some instances the same facts will give rise to an action for both false light and defamation.

Accepted Answer

A) True 
 B)False

Question 6

Allpay Industries,in manufacturing its products,emits noxious fumes into the neighboring community.It also releases pollutants into a stream that runs through its property.Identify the elements of a tort in general and discuss whether Allpay's actions constitute a tort.If so,identify the tort.

Accepted Answer

In general,a tort involves the breach of

Question 7

BB,Inc.fires an employee and then,when asked for a reference on him,negligently makes some untrue statements,which prevent him from finding a job.BB is liable for defamation.

Accepted Answer

A) True 
 B)False

Question 8

Francenie was digging a trench to install a drainage pipe along her property line and she accidentally tunneled under a small area on her neighbor's property.The entry onto the neighbor's property:

Accepted Answer

A) cannot be a trespass because it was beneath the surface of the land. 
B) is not a trespass unless there was some actual damage to the neighbor's land. 
C) is a trespass. 
D) is not a trespass because Francenie was under the reasonable belief that she owned all of the land on which she was digging. 
A) cannot be a trespass because it was beneath the surface of the land. 
B) is not a trespass unless there was some actual damage to the neighbor's land. 
C) is a trespass. 
D) is not a trespass because Francenie was under the reasonable belief that she owned all of the land on which she was digging.

Question 9

The same act can be both a tort and a crime.

Accepted Answer

A) True 
 B)False

Question 10

The tort of __________ is a false communication,which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

Accepted Answer

A) false light 
B) intrusion 
C) defamation 
D) disparagement 
A) false light 
B) intrusion 
C) defamation 
D) disparagement

Question 11

Three torts comprise the misuse of legal procedure.They include:

Accepted Answer

A) malicious prosecution. 
B) slanderous prosecution. 
C) fraudulent misrepresentation. 
D) All of the above. 
A) malicious prosecution. 
B) slanderous prosecution. 
C) fraudulent misrepresentation. 
D) All of the above.

Question 12

Stephen and Martha have spent months looking for their dream home.One day they saw it and fell in love with everything about the house,and they asked the realtor to draw up a purchase agreement,which they then signed.After signing the papers,they asked the realtor whether the house was in good shape.The realtor said it was.When the couple moved into the house,they realized that the basement had serious water problems and that the roof leaked.They now want to sue the realtor.What tort should they consider? If they sue the realtor for this tort,will they win? Why or why not?

Accepted Answer

The couple should consider the tort of m

Question 13

Sam goes to the movies one Friday evening.The movie is boring and Sam falls asleep.At 2
a.m., the security guard locks the building. Sam awakens the next morning when the cleaning crew opens the door. Sam can sue for false imprisonment.

Accepted Answer

A) True 
 B)False

Question 14

The cause of action of infliction of emotional distress protects a person from abusive language by a supervisor.

Accepted Answer

A) True 
 B)False

Question 15

Perkins commits a battery against Connors.If the government brings a criminal action against Perkins,Connors cannot bring a civil tort action against Perkins for the same battery because this would constitute double jeopardy.

Accepted Answer

A) True 
 B)False

Question 16

Business torts consist of:

Accepted Answer

A) interference with contractual relations. 
B) disparagement. 
C) fraudulent misrepresentation. 
D) (a), (b), and (c) are correct. 
A) interference with contractual relations. 
B) disparagement. 
C) fraudulent misrepresentation. 
D) (a), (b), and (c) are correct.

Question 17

The intentional exercise of dominion or control over another's personal property which so seriously interferes with the other's right of control as to justly require the payment of full value for the property is:

Accepted Answer

A) trespass to personal property. 
B) interference with economic interests. 
C) conversion. 
D) fraudulent misrepresentation. 
A) trespass to personal property. 
B) interference with economic interests. 
C) conversion. 
D) fraudulent misrepresentation.

Question 18

In only a minority of states a jury may award punitive damages if a defendant's tortious conduct is intentional and outrageous.

Accepted Answer

A) True 
 B)False

Question 19

The tort of public disclosure of private facts requires:

Accepted Answer

A) publication. 
B) private information about either an individual or a corporation. 
C) a false statement. 
D) that the matter made public would be offensive and objectionable to a reasonable person. 
A) publication. 
B) private information about either an individual or a corporation. 
C) a false statement. 
D) that the matter made public would be offensive and objectionable to a reasonable person.

Question 20

Andrew noticed Michael and his pregnant wife Georgette walking down the street and drove his car within inches of Michael,as a joke.Michael wasn't injured,but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy.Andrew has:

Accepted Answer

A) no liability to Georgette, because he has not committed a tort against her. 
B) committed the tort of battery against Georgette. 
C) committed the tort of battery against Michael but has committed no tort against Georgette. 
D) committed the tort of intentional infliction of emotional distress against Georgette. 
A) no liability to Georgette, because he has not committed a tort against her. 
B) committed the tort of battery against Georgette. 
C) committed the tort of battery against Michael but has committed no tort against Georgette. 
D) committed the tort of intentional infliction of emotional distress against Georgette.

Exam 7: Intentional Torts

One of the principal objectives of tort law is to prevent future harms and losses.

A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does.

Mary's car was parked just outside the east door of the Civic Center.When she tried to exit,three ominous-looking gang members were blocking that door.She called the police who arrested the three for loitering.If Mary brings suit against them for false imprisonment:

Pamela,without authorization,eavesdrops on a conversation between Mark and Elise.Pamela has not committed the tort of intrusion unless she makes the conversation public.

In some instances the same facts will give rise to an action for both false light and defamation.

Allpay Industries,in manufacturing its products,emits noxious fumes into the neighboring community.It also releases pollutants into a stream that runs through its property.Identify the elements of a tort in general and discuss whether Allpay's actions constitute a tort.If so,identify the tort.

BB,Inc.fires an employee and then,when asked for a reference on him,negligently makes some untrue statements,which prevent him from finding a job.BB is liable for defamation.

Francenie was digging a trench to install a drainage pipe along her property line and she accidentally tunneled under a small area on her neighbor's property.The entry onto the neighbor's property:

The same act can be both a tort and a crime.

The tort of __________ is a false communication,which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

Three torts comprise the misuse of legal procedure.They include:

Sam goes to the movies one Friday evening.The movie is boring and Sam falls asleep.At 2 a.m., the security guard locks the building. Sam awakens the next morning when the cleaning crew opens the door. Sam can sue for false imprisonment.

The cause of action of infliction of emotional distress protects a person from abusive language by a supervisor.

Perkins commits a battery against Connors.If the government brings a criminal action against Perkins,Connors cannot bring a civil tort action against Perkins for the same battery because this would constitute double jeopardy.

Business torts consist of:

The intentional exercise of dominion or control over another's personal property which so seriously interferes with the other's right of control as to justly require the payment of full value for the property is:

In only a minority of states a jury may award punitive damages if a defendant's tortious conduct is intentional and outrageous.

The tort of public disclosure of private facts requires:

Andrew noticed Michael and his pregnant wife Georgette walking down the street and drove his car within inches of Michael,as a joke.Michael wasn't injured,but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy.Andrew has:

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property, property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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