Exam 6: Intentional Torts

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The common law has,traditionally,allowed plaintiffs to recover for libel without proof of _____.

(Multiple Choice)
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A valid defense for battery is the free and intelligent consent given.

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_____ is defined as the desire to cause certain consequences or the substantial certainty that those consequences will result from one's behavior.

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In the case of false imprisonment,the plaintiff must be under confinement for a long time.

(True/False)
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There is no tort liability for fraud or deceit where the defendant did not actively make a false statement,but instead merely failed to disclose something.

(True/False)
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Dave tells Dora that Phil,a financial advisor,has been stealing money from his clients.Dora then repeats Dave's statement to Tom,telling Tom that the information comes from Dave.All these statements are oral,defamatory,and false.Phil sues Dave and Dora for defamation.Which of the following is true? (Don't consider defenses and privileges).

(Multiple Choice)
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Humorous or satirical accounts ordinarily are not considered to be defamation unless:

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Most defamation cases brought by public official or public figure plaintiffs are won by the defendant,because the plaintiff was unable to prove:

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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?

(Essay)
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After a student named Bob insults him in class,Marvin,a business law professor,pulls out his .38-revolver and fires a shot at the student.The shot misses the first student,but strikes another student named Cathy,who never saw the shot coming and never knew what hit her.Bob and Cathy sue Marvin for assault and battery.Who can recover for what? Why?

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

(Multiple Choice)
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Nuisance involves the invasion of another's property.

(True/False)
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Ann is troubled with the noise of the old generator set up by her neighbor Jose at his residence.The noise the generator makes is unbearable.Ann sues Jose for nuisance.Will she succeed?

(Multiple Choice)
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Which of the following is true of 'invasion of privacy'?

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What type of damages is awarded to an injured party in a tort case to cover damages for the harm that the injured party suffered?

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Which of the following can recover damages for proven actual injury,but not presumed or punitive damages,by proving only fault?

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Libel is distinct from slander,in that,libel:

(Multiple Choice)
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Which of the following is an example of the privilege of statements made to protect or further the legitimate interests of another?

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

(True/False)
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Jack was an employee of ABC Corp.Harry,the president of ABC,had reasonable grounds to believe that Jack had stolen money from the corporation.ABC fired Jack.One month later,Jack applied for employment at DEF Corp.The vice president for Human Relations at DEF contacted Harry and asked about Jack's performance at ABC.Harry responded,"I believe that Jack stole money while working here".DEF declined to hire Jack.Jack later discovered what Harry had said,and is now suing Harry for defamation.What is the likely outcome of this case?

(Multiple Choice)
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