Question 1

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?

Accepted Answer

A)  There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called. 
B)  When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time. 
C)  Whenever a retailer has a reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police. 
D)  The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police. 
E)  The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive. 
A)  There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called. 
B)  When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time. 
C)  Whenever a retailer has a reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police. 
D)  The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police. 
E)  The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive.

Question 2

_____ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm.

Accepted Answer

A)  Criminal 
B)  Liability 
C)  Intentional 
D)  Negligent 
E)  Strict-liability 
A)  Criminal 
B)  Liability 
C)  Intentional 
D)  Negligent 
E)  Strict-liability

Question 3

Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions?

Accepted Answer

A)  Ben has committed a battery. 
B)  Ben has committed both an assault and a battery. 
C)  Ben has not committed an assault or a battery because he acted in self-defense. 
D)  Ben cannot rely on self-defense because he was involved in the argument and not completely innocent. 
E)  Ben cannot rely upon self-defense because his life was not in danger. 
A)  Ben has committed a battery. 
B)  Ben has committed both an assault and a battery. 
C)  Ben has not committed an assault or a battery because he acted in self-defense. 
D)  Ben cannot rely on self-defense because he was involved in the argument and not completely innocent. 
E)  Ben cannot rely upon self-defense because his life was not in danger.

Question 4

What did the court rule in regard to the plaintiff's claim of intentional infliction of emotional distress in Olson v. CenturyLink, the case in the text in which the plaintiff alleged that representatives of the defendant, a provider of telephone services, wrongly failed to process his application, disconnected his telephone service, and hung up on him during telephone conversations?

Accepted Answer

A)  That the conduct complained of by the plaintiff failed to meet the level of conduct required for a finding of the intentional infliction of emotional distress. 
B)  That the plaintiff's complaint regarding the disconnection of his telephone service was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress. 
C)  That the plaintiff's complaint regarding the refusal to process his application was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress. 
D)  That the plaintiff's complaint regarding representatives hanging up on him were sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress. 
E)  That the plaintiff would be allowed to proceed as to all allegations because they were all adequate to support a verdict based on the intentional infliction of emotional distress. 
A)  That the conduct complained of by the plaintiff failed to meet the level of conduct required for a finding of the intentional infliction of emotional distress. 
B)  That the plaintiff's complaint regarding the disconnection of his telephone service was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress. 
C)  That the plaintiff's complaint regarding the refusal to process his application was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress. 
D)  That the plaintiff's complaint regarding representatives hanging up on him were sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress. 
E)  That the plaintiff would be allowed to proceed as to all allegations because they were all adequate to support a verdict based on the intentional infliction of emotional distress.

Question 5

"Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music.
-Which of the following would be the most appropriate cause of action, if any, against Annette based upon the farm animals and the music?

Accepted Answer

A)  Trespass to property. 
B)  Harassment. 
C)  Private nuisance. 
D)  Negligence. 
E)  No cause of action is appropriate because Annette is entitled to use her property as she sees fit. 
A)  Trespass to property. 
B)  Harassment. 
C)  Private nuisance. 
D)  Negligence. 
E)  No cause of action is appropriate because Annette is entitled to use her property as she sees fit.

Question 6

Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true?

Accepted Answer

A)  Robby's conduct constitutes a battery. 
B)  Robby's conduct constitutes an assault. 
C)  Robby's conduct constitutes both a battery and an assault. 
D)  Robby's conduct does not constitute an assault because there is no question of immediate bodily harm. 
E)  Robby's conduct does not constitute an assault because there was no physical contact. 
A)  Robby's conduct constitutes a battery. 
B)  Robby's conduct constitutes an assault. 
C)  Robby's conduct constitutes both a battery and an assault. 
D)  Robby's conduct does not constitute an assault because there is no question of immediate bodily harm. 
E)  Robby's conduct does not constitute an assault because there was no physical contact.

Question 7

Which of the following torts seek to compensate people wrongfully subjected to litigation?

Accepted Answer

A)  Malicious prosecution, wrongful civil proceedings, and abuse of process. 
B)  Wrongful civil proceedings but not malicious prosecution or abuse of process. 
C)  Abuse of process but not malicious prosecution or wrongful civil proceedings. 
D)  Malicious prosecution and wrongful civil proceedings, but not abuse of process. 
E)  Malicious prosecution and abuse of process but not wrongful civil proceedings. 
A)  Malicious prosecution, wrongful civil proceedings, and abuse of process. 
B)  Wrongful civil proceedings but not malicious prosecution or abuse of process. 
C)  Abuse of process but not malicious prosecution or wrongful civil proceedings. 
D)  Malicious prosecution and wrongful civil proceedings, but not abuse of process. 
E)  Malicious prosecution and abuse of process but not wrongful civil proceedings.

Question 8

Which of the following was the result in Thomas P. Lamb v. Tony Rizzo, the case in the text in which the defending newspaper reporter claimed that he could not be held liable to the plaintiff for making alleged defamatory statements because the plaintiff's reputation as a kidnapper and murderer serving three life sentences was so bad that his reputation could not be further harmed?

Accepted Answer

A)  The court allowed the lawsuit to proceed ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to a defamation lawsuit. 
B)  The court allowed the lawsuit to proceed ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to the lawsuit involved, an action for libel, although the plaintiff's reputation would likely have barred an action for slander. 
C)  The court allowed the lawsuit to proceed ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to the lawsuit involved, an action for slander, although the plaintiff's reputation would likely have barred an action for libel. 
D)  The court dismissed the lawsuit recognizing that the facts fit within the jurisdiction's description of when the libel-proof doctrine might apply based upon the plaintiff's already bad reputation. 
E)  The court dismissed the lawsuit on the basis that the statements were not false but also recognized that the only proof justifying application of the libel-proof doctrine is proof that a defendant has been sentenced to death. 
A)  The court allowed the lawsuit to proceed ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to a defamation lawsuit. 
B)  The court allowed the lawsuit to proceed ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to the lawsuit involved, an action for libel, although the plaintiff's reputation would likely have barred an action for slander. 
C)  The court allowed the lawsuit to proceed ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to the lawsuit involved, an action for slander, although the plaintiff's reputation would likely have barred an action for libel. 
D)  The court dismissed the lawsuit recognizing that the facts fit within the jurisdiction's description of when the libel-proof doctrine might apply based upon the plaintiff's already bad reputation. 
E)  The court dismissed the lawsuit on the basis that the statements were not false but also recognized that the only proof justifying application of the libel-proof doctrine is proof that a defendant has been sentenced to death.

Question 9

If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is a tort?

Accepted Answer

A)  A civil or criminal action in state court. 
B)  A civil or criminal action in state court or federal court. 
C)  A breach of contract. 
D)  A wrong or injury to another, other than a breach of contract. 
E)  A wrong or injury to another, including a breach of contract. 
A)  A civil or criminal action in state court. 
B)  A civil or criminal action in state court or federal court. 
C)  A breach of contract. 
D)  A wrong or injury to another, other than a breach of contract. 
E)  A wrong or injury to another, including a breach of contract.

Question 11

List and explain the four different types of privacy torts.

Accepted Answer

The four privacy torts are (1) false lig

Question 12

"Hair Stylist Woes." Maryann, a college student, went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but that there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked and she could do no more business.
-As far as the statements made to her friends are concerned, which of the following is true in regards to Maryann's statement that Candy cannot recover because Candy has not suffered a loss of income?

Accepted Answer

A)  Maryann is correct. 
B)  Maryann is correct only if she can show that she did not intend to cause Candy loss of income. 
C)  Maryann is incorrect because her statements constituted slander per se. 
D)  Maryann is incorrect because general damages will be presumed. 
E)  Maryann is incorrect but only because Candy cannot establish liable per se. 
A)  Maryann is correct. 
B)  Maryann is correct only if she can show that she did not intend to cause Candy loss of income. 
C)  Maryann is incorrect because her statements constituted slander per se. 
D)  Maryann is incorrect because general damages will be presumed. 
E)  Maryann is incorrect but only because Candy cannot establish liable per se.

Question 13

Which of the following is true regarding the intent needed for an intentional tort?

Accepted Answer

A)  The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another. 
B)  The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical injury to another. Economic injury is insufficient. 
C)  The intent at issue is intent to harm that results in an injury, physical or economic, to another. 
D)  The intent at issue is intent to harm that results in physical injury to another. Economic injury is insufficient. 
E)  The intent at issue is not intent to harm and is not intent to engage in a specific act. Instead, negligence will suffice. 
A)  The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another. 
B)  The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical injury to another. Economic injury is insufficient. 
C)  The intent at issue is intent to harm that results in an injury, physical or economic, to another. 
D)  The intent at issue is intent to harm that results in physical injury to another. Economic injury is insufficient. 
E)  The intent at issue is not intent to harm and is not intent to engage in a specific act. Instead, negligence will suffice.

Question 14

Which of the following is defamation of a business product or service?

Accepted Answer

A)  Disparagement. 
B)  Interference with a contract. 
C)  Conversion. 
D)  Derogation. 
E)  Abuse of title. 
A)  Disparagement. 
B)  Interference with a contract. 
C)  Conversion. 
D)  Derogation. 
E)  Abuse of title.

Question 15

Which of the following would constitute false imprisonment?

Accepted Answer

A)  Threatening to use immediate physical force to detain someone; refusing to release property; and physical restraint, such as tying someone to a chair; but not moral pressure. 
B)  Threatening to use immediate physical force to detain someone; physical restraint, such as tying someone to a chair; and moral pressure; but not refusing to release property. 
C)  Physical restraint, such as tying someone to a chair, but not threatening to use immediate physical force to detain someone, refusing to release property, or moral pressure. 
D)  Threatening to use immediate physical force to detain someone; refusing to release property; physical restraint, such as tying someone to a chair; and moral pressure. 
E)  Physical restraint and threatening to use immediate physical force, but not refusing to release property or moral pressure. 
A)  Threatening to use immediate physical force to detain someone; refusing to release property; and physical restraint, such as tying someone to a chair; but not moral pressure. 
B)  Threatening to use immediate physical force to detain someone; physical restraint, such as tying someone to a chair; and moral pressure; but not refusing to release property. 
C)  Physical restraint, such as tying someone to a chair, but not threatening to use immediate physical force to detain someone, refusing to release property, or moral pressure. 
D)  Threatening to use immediate physical force to detain someone; refusing to release property; physical restraint, such as tying someone to a chair; and moral pressure. 
E)  Physical restraint and threatening to use immediate physical force, but not refusing to release property or moral pressure.

Question 16

"Hair Stylist Woes." Maryann, a college student, went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but that there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked and she could do no more business.
-The defamation printed in the school newspaper would be which of the following?

Accepted Answer

A)  Libel but not slander. 
B)  Slander but not libel. 
C)  Libel and slander. 
D)  No tort was committed because an editorial, not a formal news report, was involved. 
E)  No tort was committed because the falsehood involved matters of appearance, not business-related matters. 
A)  Libel but not slander. 
B)  Slander but not libel. 
C)  Libel and slander. 
D)  No tort was committed because an editorial, not a formal news report, was involved. 
E)  No tort was committed because the falsehood involved matters of appearance, not business-related matters.

Question 17

Which of the following may a person accused of defamation raise as a defense?

Accepted Answer

A)  Truth but not privilege. 
B)  Privilege but not truth. 
C)  Need and truth. 
D)  Need, truth and privilege. 
E)  Truth and privilege. 
A)  Truth but not privilege. 
B)  Privilege but not truth. 
C)  Need and truth. 
D)  Need, truth and privilege. 
E)  Truth and privilege.

Question 18

The use of moral pressure is insufficient to establish false imprisonment.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following is true regarding the apprehension necessary for the tort of assault?

Accepted Answer

A)  Apprehension and fear are the same thing. 
B)  A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm. 
C)  Actual injury is necessary for valid apprehension to be proven. 
D)  The test for assault involves subjective apprehension, not reasonable apprehension. 
E)  There is no requirement that the apprehension be of immediate physical contact. 
A)  Apprehension and fear are the same thing. 
B)  A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm. 
C)  Actual injury is necessary for valid apprehension to be proven. 
D)  The test for assault involves subjective apprehension, not reasonable apprehension. 
E)  There is no requirement that the apprehension be of immediate physical contact.

Question 20

Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation?

Accepted Answer

A)  Politicians, but not entertainers, are generally considered to be public figures. 
B)  Entertainers, but not politicians, are generally considered to be public figures. 
C)  Small business owners and politicians, but not entertainers, are generally considered to be public figures. 
D)  Politicians and entertainers, but not small business owners, are generally considered to be public figures. 
E)  Small business owners, but not politicians or entertainers, are generally considered to be public figures. 
A)  Politicians, but not entertainers, are generally considered to be public figures. 
B)  Entertainers, but not politicians, are generally considered to be public figures. 
C)  Small business owners and politicians, but not entertainers, are generally considered to be public figures. 
D)  Politicians and entertainers, but not small business owners, are generally considered to be public figures. 
E)  Small business owners, but not politicians or entertainers, are generally considered to be public figures.

Exam 8: Tort Law

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?

_____ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm.

Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions?

Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true?

Which of the following torts seek to compensate people wrongfully subjected to litigation?

If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.

Which of the following is a tort?

List and explain the four different types of privacy torts.

Which of the following is true regarding the intent needed for an intentional tort?

Which of the following is defamation of a business product or service?

Which of the following would constitute false imprisonment?

Which of the following may a person accused of defamation raise as a defense?

The use of moral pressure is insufficient to establish false imprisonment.

Which of the following is true regarding the apprehension necessary for the tort of assault?

Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation?

An Introduction to Dynamic Business Law

Business Ethics

The US Legal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Intellectual Property

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title, Risk of Loss, and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, Holder in Due Course, and Defenses

Liability, Defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, Formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, Officers, and Shareholders

Corporations: Mergers, Consolidations, Terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Employment Discrimination

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

Filters