Deck 8: Tort Law

Question 1

Defense of property cannot be a defense to a claim of battery.

Answer 1

False

Question 2

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.

Answer 2

False

Question 3

Which of the following is not an objective of tort law?

A) To compensate innocent persons who are injured.
B) To impose criminal penalties on those who commit wrongdoing.
C) To contribute to an ordered society.
D) To discourage retaliation by injured parties.
E) To satisfy our collective sense of right or wrong.

Answer 3

B

Question 4

Defamation can be a civil or criminal action in China.

Question 5

Tort law is set by federal law that is then implemented by the states.

Question 6

Proving that consent occurred is a defense to battery.

Question 7

If a court awards $1 million to compensate an injured plaintiff for medical bills, loss of wages, and pain and suffering, this is an example of compensatory damages.

Question 8

Assault and battery are always claimed at the same time.

Question 9

Reasonable apprehension of fear is the test for whether an assault occurred.

Question 10

A private nuisance occurs when a person uses their property in a manner that harms the public as a whole.

Question 11

A strict-liability tort occurs when a defendant acts with the intention of engaging in a specific act that ultimately results in injury.

Question 12

Tort law consists of which of the following?

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

Question 13

In the U.S. system of torts, torts are commonly classified as:

A) Intentional, negligent, or criminal, not strict liability.
B) Intentional, criminal, or strict liability, not negligent.
C) Intentional, negligent, strict liability, or criminal.
D) Intentional, negligent, or strict liability.
E) Civil or criminal.

Question 14

Reinforcing a vision of a just society is one of the purposes of tort law.

Question 15

The word "tort" means which of the following?

A) It is an English word meaning "accidental."
B) It is a German word meaning "malfeasance."
C) It is a Latin word meaning "misfeasance."
D) It is a French word meaning "wrong."
E) It is a civil law term meaning "liability."

Question 16

Which statement is true regarding tort litigation?

A) Tort litigation has been declining gradually since 1990.
B) Tort litigation has increased steadily since 1990.
C) Tort litigation has remained constant with no real change in numbers since 1990.
D) Tort litigation increased significantly in the 1990s but has declined in the last two years.
E) Tort litigation decreased in the 1990's but has increased steadily since the year 2000.

Question 17

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.

Question 18

When only a prospective contract exists, simply offering a better deal is not enough to create liability for intentional interference with contract.

Question 19

Torts can be classified into three classifications in the U.S.: intentional, accidental and negligence.

Question 20

Nominal damages are trivial damages intended to recognize that a defendant committed a tort against the plaintiff.

Question 21

Which of the following is true of a negligence tort?

A) A defendant commits a negligence tort when he subjects someone to a reasonable risk of harm.
B) A defendant commits a negligence tort when he is careless to someone else's detriment.
C) A defendant commits a negligence tort when he forms intent to cause harm but causes a different type of harm.
D) A defendant commits a negligence tort when he accidentally engages in a criminal act and someone is hurt.
E) A defendant commits a negligence tort only if he commits an inherently dangerous action which can never be safe.

Question 22

Jacob calls Nick on the telephone and threatens to come over and break his nose. Which of the following is true?

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

Question 23

Paula worked for a department store that specialized in women's high-end lingerie. As she was working one day she noticed a miniature light protruding from behind a mirror in the dressing room. As she moved the mirror to get a better look at the light, she noticed a recording device. Thomas, her supervisor, quickly told her that the recording device was a security camera, however, the recording device actually belonged to Thomas. Has Thomas committed a tort?

A) No, he was protecting the store's merchandise.
B) No, since he is a supervisor, he has the right to record people in the dressing rooms.
C) Yes, Thomas has committed fraud.
D) Yes, Thomas has committed the tort of intrusion on an individual's affairs.
E) Yes, Thomas has committed the tort of false light.

Question 24

If someone is overly fearful, is that person assaulted every time he experiences apprehension?

A) Yes, because assault only requires apprehension regardless of whether it is reasonable.
B) Yes, because assault is judged on the basis of the victim's level of apprehension only.
C) Yes, because it is necessary to take a person's level of fear into account when interacting with that person.
D) No, because assault requires unwanted physical contact.
E) No, because assault requires reasonable apprehension.

Question 25

Penny points a gun at Jose and threatens to shoot him. Jose is very brave and not frightened. The police arrive and Penny is arrested without shooting Jose. What tort did Penny commit?

A) Assault only
B) Battery only
C) Assault and battery
D) Assault, battery, and strict liability
E) Penny's conduct does not constitute an assault because Jose was not afraid.

Question 26

Which tort occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact?

A) Assault
B) Battery
C) Assault and battery
D) Defamation
E) Strict liability

Question 27

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

A) Apprehension and fear are the same thing.
B) A person may be in apprehension of physical harm, even if the person is too courageous to actually 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 28

Matt intends to throw a baseball at Jamal and hit Jamal in the head with the ball because he missed an easy fly ball hit to him in the field. Jamal is standing directly next to Sally in the dugout. Matt throws the baseball but hits Sally in the head instead of Jamal. What type of tort did Matt commit against Sally?

A) No tort was committed, Jamal was Matt's target not Sally.
B) The tort of negligence because Matt only intended to harm Jamal.
C) An accidental tort because Matt struck Sally by mistake.
D) An intentional tort because even though Matt meant to hit Jamal, he still caused harm by hitting Sally.
E) A strict liability tort occurred because throwing a baseball is inherently dangerous.

Question 29

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

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

Question 30

What are the three categories of intentional torts?

A) Torts against decency, torts against reputation, torts against persons.
B) Torts against public policy, torts against property, torts against reputation.
C) Torts against persons, torts against property, torts against economic interest.
D) Torts against persons, torts against businesses, torts against the government.
E) Assault, battery, defamation.

Question 31

What type of torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes?

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

Question 32

What type of tort occurs when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm?

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

Question 33

Peter brings in a baseball bat to hit Mary because he is mad at her. When he arrives, Mary is sleeping. He lines up the baseball bat with her head and whispers that he is about to take a swing. She does not wake up, and before he hits her, he changes his mind and quietly leaves before Mary realizes he has arrived. Mary later finds out and sues for assault. Is she successful?

A) Yes, because she was at risk of immediate, offensive bodily contact.
B) Yes, because Peter's actions caused apprehension of immediate, offensive bodily contact.
C) Yes, because Peter intended to place Mary at risk of unwanted and offensive contact.
D) No, but she would have been successful in suing for battery.
E) No, because she was sleeping and thus not in fear or apprehension of an immediate, offensive bodily contact.

Question 34

Which type of tort is the most willful of torts?

A) Intentional torts.
B) Strict liability torts.
C) Negligence torts.
D) Assault and battery.
E) Slander.

Question 35

What type of tort occurs when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result?

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

Question 36

Which statement is true regarding the intent required for an intentional tort?

A) 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 or economic injury 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 a physical or economic injury 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. Negligence will suffice.

Question 37

Kyla is working at her office one day when her very upset roommate Katrina calls. Katrina tells Kyla that she knows that Kyla stole her money and is sending her boyfriend Jacob to get the money back. Kyla locks herself in her office because she is fearful of Jacob. What torts did Katrina commit?

A) Assault only.
B) Battery only.
C) Assault and battery.
D) Assault, battery and defamation.
E) None of the above specific torts occurred.

Question 38

For an intentional tort to occur, the plaintiff must show the common element of ________.

A) negligence
B) mistake
C) intent
D) carelessness
E) There is no common element for all intentional torts.

Question 39

Lizzy and her boyfriend Bobby are at the local restaurant. The two have been arguing and Lizzy says she has had enough and turns to leave. Bobby, who is substantially bigger than Lizzy, draws back his hand as if to hit Lizzy. Lizzy turns around and ducks just in time to avoid Bobby's punch. What, if any, tort can Lizzy sue for?

A) Lizzy could sue for assault.
B) Lizzy could sue for battery.
C) Lizzy could sue for assault and battery.
D) Lizzy could sue for negligence since Bobby missed punching her.
E) Lizzy could not sue for a tort as no harm came from his threatening to punch her.

Question 40

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?

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 41

Kelly is sure that Juan has stolen her basketball tickets from her office since he was talking about how badly he wanted to go to the championship game earlier in the week. Kelly confronts Juan and he denies that he has been anywhere near Kelly's office. Kelly pushes Juan into the closet and locks the door, leaving Juan for hours. Kelly has committed what tort?

A) Justified imprisonment.
B) Qualified imprisonment.
C) Reasonable detention.
D) False imprisonment.
E) No tort was committed, Kelly had the right to detain Juan.

Question 42

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

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 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 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 43

Which of the following is true regarding awards of punitive damages in the U.S.?

A) It is not always easy to predict what a court will do regarding punitive damages in any given case.
B) Punitive damages may not be awarded in excess of $3 million.
C) A ratio of punitive damages to compensatory damages greater than 9 to 1 violates due process.
D) The Supreme Court ruled that the issue of punitive damages is for the jury and will not be disturbed on appeal, regardless of the ratio of punitive damages to compensatory damages.
E) Awards of punitive damages in the U.S. are very similar to awards of punitive damages under the Canadian judicial system.

Question 44

Samantha creates photos featuring an unflattering photograph of the president of the college she attends and sells them outside of class for extra money. She did not obtain permission to use the photograph. Which of the following is true?

A) Samantha has committed defamation of the college president in the form of slander.
B) Samantha has committed defamation of the college president in the form of libel.
C) Samantha has appropriated the photograph for commercial gain, which constitutes an invasion of privacy.
D) Samantha has committed both defamation and invasion of privacy toward the college president.
E) Samantha has not committed any tort.

Question 45

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?

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.

Question 46

In a much heated debate on the Senate floor in regards to whether or not to allow a new legislative reform to be voted on, two senators call each other liars, cheats and other unflattering words. One senator also accuses the other one of bribery. If one of the senators sues the other for defamation, is there a defense available to the defamation claim?

A) Yes, a limited privilege
B) Yes, an absolute privilege
C) Yes, a legal privilege
D) Yes, a negligence privilege
E) No, there is no privilege allowed for defamation.

Question 47

What law gives immunity to providers of interactive computer services for liability they might otherwise incur because of material disseminated by them but created by others?

A) The Internet Communications Act of 2000.
B) The Interactive Computer Services Protection Act of 2004.
C) The Communications Decency Act of 1996.
D) The Internet Communications Protection Act of 1998.
E) The Blog Protection Act of 2001.

Question 48

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

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 49

Why does public figure privilege exist?

A) To give special protections from defamation to public figures since they are in the public eye and their reputations matter more to them than the average person.
B) To encourage free discussion about public figures.
C) To discourage discussion about politicians so democracy can function in a more orderly fashion.
D) To allow people to make up stories about politicians and celebrities because these public figures are people of interest to the public.
E) To prevent people from making a profit by slandering public figures.

Question 50

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made ________.

A) with actual malice
B) negligently
C) in print
D) publicly
E) to an employer

Question 51

A reporter receives information from several highly credible sources that a famous actress is pregnant and that the father of the baby is not her husband. The story is later proved untrue. The actress sues for defamation. Is she likely to be successful?

A) Yes, because the printed story would be likely to damage the reputation of the actress.
B) Yes, because the printed story turned out to be untrue.
C) Yes, because pregnancy is a private matter even for public figures.
D) No, because the allegations would be unlikely to damage a person's reputation.
E) No, because the reporter did not act with actual malice.

Question 52

Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?

A) Forcible detention.
B) False imprisonment.
C) Qualified imprisonment.
D) Contained detention.
E) False detention.

Question 53

What, if any, defenses are available to a person who has been accused of defamation?

A) Truth and privilege.
B) Privilege but not truth.
C) Truth but not privilege.
D) Purposeful and negligence.
E) There are no defenses to defamation.

Question 54

A reporter does not like a candidate for president and he publishes a made up story about the candidate having an affair. Did the reporter commit a tort?

A) Yes, because the reporter acted with actual malice.
B) No, because the candidate for president is a public figure.
C) No, because the story was made up and unlikely to be believed.
D) No, because having an affair would not harm the reputation of a presidential candidate.
E) No, because politicians cannot be defamed.

Question 55

Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom?

A) Only that the statements were true.
B) Only that the statements were made in Parliament.
C) Only that the statements were made in court.
D) That the statements were not made in Parliament or court.
E) That the statements were true, that the statements were made in Parliament, or that the statements were made in court.

Question 56

Brandon installs two-way mirrors in the dressing room of his ladies' clothing store. He secretly uses the mirrors to watch women while they try on clothing. Which of the following torts has Brandon committed?

A) Intrusion on an individual's affairs or seclusion.
B) Assault.
C) Public disclosure of private facts.
D) False light.
E) Commercial appropriation.

Question 57

Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed?

A) Negligent infliction of emotional distress.
B) Intentional infliction of strict-liability distress.
C) Intentional infliction of emotional distress.
D) Reckless invasion of solitude.
E) Psychological infliction of distress.

Question 58

Which of the following would constitute false imprisonment?

A) Threatening to use immediate physical force to detain someone; refusing to release property; or 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; or 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; threatening to use immediate physical force; but not refusing to release property; or moral pressure.

Question 59

Which of the following is not true in regards to the innocent dissemination defense of online service providers (OSPs) in Canada?

A) There are no landmark cases or any legislation clearly establishing liability of OSPs.
B) The defendant paid for the information that they authored or printed.
C) The defendant does not know of the libel contained in the work published or authored by them.
D) There was no reason for the defendant to suppose the work he or she authored or published would be libelous.
E) It was not negligence on the defendant's part that he or she did not know that the work contained libelous material.

Question 60

Which of the following would constitute the privacy tort of false light?

A) Attributing characteristics or beliefs to a person that he or she does not possess.
B) Disclosing private facts about a person in order to obtain some sort of personal gain.
C) Defaming a person with actual malice.
D) Defaming a public figure.
E) Defaming a public figure for personal gain.

Question 61

[Hair Stylist Woes] Ryan, a college student, went to see his hair stylist, Melissa. Ryan, who had black, curly hair, requested straight, blond hair. Melissa told him that she could make those changes, but that there would be significant upkeep involved. Melissa made the changes, but Ryan did not do the upkeep required. Ryan proceeded to falsely claim that Melissa did not do what Ryan asked her to do, that Melissa lied to him, and that Melissa was professionally incompetent. Ryan made the statements about Melissa to friends of his. He also wrote a letter to his college newspaper saying that Melissa's shop should be avoided at all costs because Melissa was incompetent. In fact, Melissa was a good hair stylist and enjoyed a good reputation up until the time that Ryan started his criticism. Melissa threatened to sue Ryan for defamation, but Ryan told Melissa that she could not prevail because she could not prove loss of income. Melissa 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 for weeks ahead.
As far as the letter to the newspaper is concerned, which of the following is true in regards to Ryan's statement that Melissa cannot recover because she cannot show loss of income?

A) Ryan is correct.
B) Ryan is correct only if he can establish that he did not intend to cause economic loss to Melissa.
C) Ryan is incorrect because his actions would be considered libel per se.
D) Ryan is incorrect because general damages would be presumed.
E) Ryan is incorrect because Melissa has proven special damages.

Question 62

Mark and Jillian are business partners that decide to go their separate ways. As they are selling the business assets, Mark intentionally destroys two of the display cabinets that Jillian was taking with her to her new business. Jillian would sue Mark for ________.

A) punitive damages
B) compensatory damages
C) nominal damages
D) consequential damages
E) property damages

Question 63

A false statement of a material fact regarding ownership of business property that results in a loss of sales for the business is referred to as ________.

A) Slander of quality
B) Trade libel
C) Libel of title
D) Slander of title
E) Libel of sale

Question 64

Which of the following is not a typical type of compensatory damage?

A) Pain and suffering.
B) Cost to repair damaged property.
C) Medical expenses.
D) Lost wages.
E) Damages to punish the defendant for wrongdoing.

Question 65

A business is upset about the tactics that a competitor is employing to gain business and sues the business. The plaintiff was not necessarily harmed in any way, but the court finds that a tort was committed and awards the plaintiff $10 in damages. This $10 in damages is an example of what type of damages?

A) Nominal
B) Compensatory
C) Punitive
D) Retaliatory
E) Revenge

Question 66

You and your neighbor Hammy are arguing about trespass to realty. Which of the following situations is not associated with the tort of trespass to realty?

A) When a person intentionally enters the land of another without permission.
B) When a person intentionally causes an object to be placed on the land of another without the landowner's permission.
C) When a person stays on the land of another when the owner tells him to leave.
D) When a person refuses to remove something he placed on the property that the owner asked him to remove.
E) When a person accidentally places something on the land of another.

Question 67

_______damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

A) Nominal
B) Compensatory
C) Punitive
D) Retaliatory
E) Revenge

Question 68

A very wealthy defendant intentionally assaults his butler. The butler sues and the wealthy defendant is found to have committed a tort. The court decides to award punitive damages. In determining the amount of punitive damages, what are some factors that will be taken into account?

A) The severity of the wrongful conduct and the wealth of the defendant.
B) The fact the defendant is wealthy and that the victim was an employee.
C) The severity of the defendant's conduct and the fact the victim was an employee.
D) The length of service the butler provided to the defendant and the wealth of the defendant.
E) The wealth disparity between the butler and the wealthy defendant.

Question 69

Which of the following is not an example of compensatory damages?

A) Payment for the plaintiff's medical bills for surgery resulting from the injuries caused by an intentional tort.
B) Payment for medical bills for pain killers the plaintiff was prescribed to cope with the pain from an intentional tort.
C) Payment for the pain the plaintiff endured as a result of an intentional tort.
D) Payment for lost wages due to time the plaintiff had to take off from work due to injuries sustained as a result of an intentional tort.
E) Payment for attorney fees the plaintiff incurred filing a lawsuit to get compensation for injuries resulting from an intentional tort.

Question 70

An assault victim sues the person who assaulted her. The court awards her $10,000 to pay for her actual medical expenses, to compensate her for time missed from work, and to compensate her for her pain. The $10,000 is an example of what type of damages?

A) Nominal
B) Compensatory
C) Punitive
D) Retaliatory
E) Revenge

Question 71

Which of the following involves making a false statement about a business product or service that results in a loss of sales?

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

Question 72

Ashley is unhappy with her neighbor, Josh, because Josh is pressing charges against her for repeatedly trespassing on his property. She tells him that unless he drops the charges, she will bring an action against him for nuisance because he plays his stereo late at night at times. While the stereo does not bother Ashley because she is up late anyway, she thinks that will encourage Josh to drop the trespassing charges. Josh, however, continues to press charges, and Ashley proceeds to sue Josh for nuisance. Which of the following is true?

A) Ashley is completely within her rights and has done nothing wrong because Josh really is playing the stereo late at night.
B) Josh can sue Ashley for malicious prosecution and win only if he wins the nuisance action.
C) Josh can sue Ashley for abuse of process and win only if he wins the nuisance action.
D) Josh can sue Ashley for malicious prosecution and win regardless of whether or not he wins the nuisance action.
E) Josh can sue Ashley for abuse of process and win regardless of whether or not she wins the nuisance action.

Question 73

[Pet Police] Min-ji breeds German Shepherd dogs. Daniel, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Daniel allowed Casanova to roam freely. Unfortunately, Casanova went to visit Min-ji's purebred German Shepherd. Mixed breed puppies resulted from the visit. Min-ji was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time an animal entered her property. Daniel and some of the other neighbors took offense. Daniel came to Min-ji's house while she was working in the yard. He walked behind her and shoved her. Min-ji did not see him coming. Min-ji turned around and proceeded to have a heated conversation with Daniel. Min-ji then drew her fist back and told Daniel that she was going to punch him in the nose. Min-ji raised back her arm and started to punch Daniel but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Liz, who was walking by on the street, saw Min-ji attempting to hit Daniel. Liz came over and grabbed Min-ji's hands, pinning Min-ji 's hands behind her back.
Considering Daniel's shoving of Min-ji in the back, which of the following is true?

A) By shoving her in the back, Daniel committed a battery.
B) By shoving her in the back, Daniel committed a battery and an assault.
C) By shoving her in the back, Daniel committed an assault.
D) Daniel did not commit any torts because he did not actually physically harm Min-ji.
E) Daniel did not commit any torts because he can rely on the self-defense theory.

Question 74

[Pet Police] Min-ji breeds German Shepherd dogs. Daniel, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Daniel allowed Casanova to roam freely. Unfortunately, Casanova went to visit Min-ji's purebred German Shepherd. Mixed breed puppies resulted from the visit. Min-ji was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time an animal entered her property. Daniel and some of the other neighbors took offense. Daniel came to Min-ji's house while she was working in the yard. He walked behind her and shoved her. Min-ji did not see him coming. Min-ji turned around and proceeded to have a heated conversation with Daniel. Min-ji then drew her fist back and told Daniel that she was going to punch him in the nose. Min-ji raised back her arm and started to punch Daniel but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Liz, who was walking by on the street, saw Min-ji attempting to hit Daniel. Liz came over and grabbed Min-ji's hands, pinning Min-ji 's hands behind her back.
Min-ji's threat to punch Daniel in the nose and her action in raising back her arm constitute a[n] ________.

A) Assault and battery
B) Battery
C) Assault
D) Justified retribution
E) Negligence

Question 75

[Pet Police] Min-ji breeds German Shepherd dogs. Daniel, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Daniel allowed Casanova to roam freely. Unfortunately, Casanova went to visit Min-ji's purebred German Shepherd. Mixed breed puppies resulted from the visit. Min-ji was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time an animal entered her property. Daniel and some of the other neighbors took offense. Daniel came to Min-ji's house while she was working in the yard. He walked behind her and shoved her. Min-ji did not see him coming. Min-ji turned around and proceeded to have a heated conversation with Daniel. Min-ji then drew her fist back and told Daniel that she was going to punch him in the nose. Min-ji raised back her arm and started to punch Daniel but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Liz, who was walking by on the street, saw Min-ji attempting to hit Daniel. Liz came over and grabbed Min-ji's hands, pinning Min-ji 's hands behind her back.
Which statement is true regarding Liz's actions toward Min-ji?

A) Liz committed an assault.
B) Liz committed a battery.
C) Liz committed both an assault and a battery.
D) Liz did not commit any offense because she did not actually hurt Min-ji.
E) Liz did not commit any offense because she was acting in the defense of Daniel.

Question 76

Carlos, who has a large trust fund, is angry with Isabel because she stopped dating him. Isabel ran a successful dog grooming shop, but Carlos decided to open a dog grooming shop next door and charge less than it would take to make a profit, solely to run her out of business. Which of the following is correct?

A) Carlos has committed the tort of unfair competition.
B) Carlos has committed the tort of interference with contract.
C) Carlos has committed the tort of unfair competition and also the tort of interference with contract.
D) Carlos has committed the tort of disparagement.
E) Carlos has not committed any tort.

Question 77

[Hair Stylist Woes] Ryan, a college student, went to see his hair stylist, Melissa. Ryan, who had black, curly hair, requested straight, blond hair. Melissa told him that she could make those changes, but that there would be significant upkeep involved. Melissa made the changes, but Ryan did not do the upkeep required. Ryan proceeded to falsely claim that Melissa did not do what Ryan asked her to do, that Melissa lied to him, and that Melissa was professionally incompetent. Ryan made the statements about Melissa to friends of his. He also wrote a letter to his college newspaper saying that Melissa's shop should be avoided at all costs because Melissa was incompetent. In fact, Melissa was a good hair stylist and enjoyed a good reputation up until the time that Ryan started his criticism. Melissa threatened to sue Ryan for defamation, but Ryan told Melissa that she could not prevail because she could not prove loss of income. Melissa 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 for weeks ahead.
Which of these apply to the defamation printed in the school newspaper?

A) It is libel but not slander.
B) It is slander but not libel.
C) It is both 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 78

A defendant is found liable for causing cancer due to the dumping of toxins into the river. The court awards a plaintiff who was sick $5 million in damages, in addition to compensating the plaintiff for all medical costs, lost wages, pain and suffering, and actual losses. The $5 million award is intended to ensure the company never dumps toxins again. The $5 million is an example of what type of damages?

A) Nominal
B) Compensatory
C) Punitive
D) Retaliatory
E) Revenge

Question 79

[Pet Police] Min-ji breeds German Shepherd dogs. Daniel, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Daniel allowed Casanova to roam freely. Unfortunately, Casanova went to visit Min-ji's purebred German Shepherd. Mixed breed puppies resulted from the visit. Min-ji was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time an animal entered her property. Daniel and some of the other neighbors took offense. Daniel came to Min-ji's house while she was working in the yard. He walked behind her and shoved her. Min-ji did not see him coming. Min-ji turned around and proceeded to have a heated conversation with Daniel. Min-ji then drew her fist back and told Daniel that she was going to punch him in the nose. Min-ji raised back her arm and started to punch Daniel but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Liz, who was walking by on the street, saw Min-ji attempting to hit Daniel. Liz came over and grabbed Min-ji's hands, pinning Min-ji 's hands behind her back.
Min-ji's action in jabbing Daniel after she missed his nose constitutes which of the following?

A) Battery.
B) Nothing, because his conduct would not be deemed offensive.
C) Nothing, because she missed the nose, and Daniel was not actually hurt.
D) Nothing, because by entering Min-ji's yard, Daniel consented to any offensive touching.
E) Nothing, because Daniel deserved what he got.

Question 80

________ damages are awarded to punish the defendant and to deter others from similar conduct.

A) Punitive
B) Compensatory
C) Nominal
D) Retaliatory
E) Revenge