Question 1

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. A

Question 2

_____ are intended to punish flagrant wrongdoers and to deter them.

Accepted Answer

A)  Compensatory damages 
B)  Punitive damages 
C)  Liquidated damages 
D)  Tort damages 
A)  Compensatory damages 
B)  Punitive damages 
C)  Liquidated damages 
D)  Tort damages B

Question 3

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 D

Question 4

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 5

Store owners' "conditional privilege" defense against intentional tort claims brought by detained shoplifting suspects,recognized by most states,usually:

Accepted Answer

A)  requires that the store owner act with police consent. 
B)  requires that the store owner act with written consent of suspects. 
C)  requires that the store owner act on evidence against suspect. 
D)  requires that the store owner act with reasonable cause. 
A)  requires that the store owner act with police consent. 
B)  requires that the store owner act with written consent of suspects. 
C)  requires that the store owner act on evidence against suspect. 
D)  requires that the store owner act with reasonable cause.

Question 6

Which of the following is least likely to create liability for the first form of invasion of privacy (intrusion on personal solitude or seclusion)?

Accepted Answer

A)  Using binoculars to look from your apartment into a neighbor's bedroom. 
B)  Tapping someone's telephone,because this is a nonphysical intrusion. 
C)  Examining someone's bank account. 
D)  Examining public records concerning a person. 
A)  Using binoculars to look from your apartment into a neighbor's bedroom. 
B)  Tapping someone's telephone,because this is a nonphysical intrusion. 
C)  Examining someone's bank account. 
D)  Examining public records concerning a person.

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is NOT one of the four distinct torts that make up the invasion of privacy cause of action?

Accepted Answer

A)  Intrusion on Solitude 
B)  Breach of Contract 
C)  Public Disclosure of Private Facts 
D)  False Light Publicity 
A)  Intrusion on Solitude 
B)  Breach of Contract 
C)  Public Disclosure of Private Facts 
D)  False Light Publicity

Question 9

If one individual opens the mail of another without permission to do so,then the injured party can sue under the tort law theory of invasion of privacy.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

Davis throws a dagger at Smith,intending to kill Smith.However,the dagger misses Smith and strikes the hat on Potter's head.The dagger does not make contact with Potter's body.Unharmed but finding the whole thing offensive,Potter sues Davis for battery.Which of the following is most true?

Accepted Answer

A)  Davis is not liable because he did not intend to make contact with Potter. 
B)  Davis is liable to Potter for negligence. 
C)  Davis is not liable because Potter did not suffer any physical harm. 
D)  Davis is liable to Potter for battery. 
A)  Davis is not liable because he did not intend to make contact with Potter. 
B)  Davis is liable to Potter for negligence. 
C)  Davis is not liable because Potter did not suffer any physical harm. 
D)  Davis is liable to Potter for battery.

Question 12

The necessary intent for assault is the same as that required for battery,which is to cause:

Accepted Answer

A)  loss of reputation 
B)  offensive contact 
C)  conversion of one's property 
D)  contractual breach 
A)  loss of reputation 
B)  offensive contact 
C)  conversion of one's property 
D)  contractual breach

Question 13

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 14

A person distributes unsolicited e-mails to large numbers of employees of the company.
He does so illegally from the company's e-mail system without consent of the company.Has the distributor committed tort of trespass to personal property?

Accepted Answer

No.Distributor is not liable for the tor

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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 17

_____ is the failure to use reasonable care,with harm to another party occurring as a result.

Accepted Answer

A)  Assault 
B)  Recklessness 
C)  Negligence 
D)  Liability 
A)  Assault 
B)  Recklessness 
C)  Negligence 
D)  Liability

Question 18

Which of the following is generally true regarding the tort of conversion?

Accepted Answer

A)  It involves both real property (land and interests in land)and personal property. 
B)  As its name implies,conversion always involves the transformation of the plaintiff's property into something else-e.g. ,its destruction,alteration,etc. 
C)  A defendant who buys or sells stolen property may be liable for conversion even if she does so in good faith and without knowledge of the theft. 
D)  Conversion involves all interferences with the plaintiff's property rights-whether serious or nonserious. 
A)  It involves both real property (land and interests in land)and personal property. 
B)  As its name implies,conversion always involves the transformation of the plaintiff's property into something else-e.g. ,its destruction,alteration,etc. 
C)  A defendant who buys or sells stolen property may be liable for conversion even if she does so in good faith and without knowledge of the theft. 
D)  Conversion involves all interferences with the plaintiff's property rights-whether serious or nonserious.

Question 19

What tort defined in the Restatement (Second)of Torts requires behavior that is "so outrageous in character,and so extreme in degree,as to go beyond all possible bounds of decency"?

Accepted Answer

A)  Battery 
B)  Assault 
C)  Intentional Infliction of Emotional Distress 
D)  Conversion of Property 
A)  Battery 
B)  Assault 
C)  Intentional Infliction of Emotional Distress 
D)  Conversion of Property

Question 20

The standard of proof in a tort case is the preponderance of the evidence.

Accepted Answer

A) True 
 B)False

Exam 6: Intentional Torts

In an assault case,it is irrelevant:

_____ are intended to punish flagrant wrongdoers and to deter them.

Which of the following characterizes false imprisonment?

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?

Store owners' "conditional privilege" defense against intentional tort claims brought by detained shoplifting suspects,recognized by most states,usually:

Which of the following is least likely to create liability for the first form of invasion of privacy (intrusion on personal solitude or seclusion)?

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

Which of the following is NOT one of the four distinct torts that make up the invasion of privacy cause of action?

If one individual opens the mail of another without permission to do so,then the injured party can sue under the tort law theory of invasion of privacy.

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

Davis throws a dagger at Smith,intending to kill Smith.However,the dagger misses Smith and strikes the hat on Potter's head.The dagger does not make contact with Potter's body.Unharmed but finding the whole thing offensive,Potter sues Davis for battery.Which of the following is most true?

The necessary intent for assault is the same as that required for battery,which is to cause:

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

A person distributes unsolicited e-mails to large numbers of employees of the company. He does so illegally from the company's e-mail system without consent of the company.Has the distributor committed tort of trespass to personal property?

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

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

_____ is the failure to use reasonable care,with harm to another party occurring as a result.

Which of the following is generally true regarding the tort of conversion?

What tort defined in the Restatement (Second)of Torts requires behavior that is "so outrageous in character,and so extreme in degree,as to go beyond all possible bounds of decency"?

The standard of proof in a tort case is the preponderance of the evidence.

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 Robinson-Patman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

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