Deck 3: Commonly Committed Workplace Torts

Question 1

Which of the following statements regarding privilege and private employers is accurate?

A) Private employers enjoy absolute privilege.
B) Private employers have qualified privilege.
C) Private employers are protected against suites even if they speak with malice.
D) Private and public employers have sovereign immunity from suites.

Answer 1

B

Question 2

If a person intentionally writes or says false things about anyone at workplace,such an act amounts to:

A) fabrication.
B) ratification.
C) whistleblowing.
D) defamation.

Answer 2

D

Question 3

In the Haegert v.McMullan case,a supervisor was accused of abusing:

A) laws of the company
B) qualified privilege
C) employee privacy
D) contractual obligations

Answer 3

B

Question 4

All of the following are elements of a prima facie case of intentional infliction of emotional distress except:

A) an extreme and outrageous conduct by the defendant.
B) the defendant did not intend but has caused emotional distress.
C) the plaintiff has suffered severe emotional distress.
D) the distress was a direct result of the defendant's extreme and outrageous conduct.

Question 5

If any person's conduct causes emotional harm to the other,then it shall be considered as a case of:

A) intentional infliction of emotional distress.
B) negligent infliction of emotional distress.
C) professional misconduct.
D) traumatic behavior.

Question 6

The law recognizes a qualified privilege in all of the following instances except:

A) comments concerning an employee's performance made to a supervisor.
B) comments concerning an employee's performance communicated via company email.
C) an employer discussing an employee's performance with his coworkers over lunch.
D) assessments of an employee, communicated by a former employer to a prospective employer.

Question 7

Defamation by writing is known as:

A) writ.
B) slander.
C) libel.
D) dicta.

Question 8

A tort that is based on the wrongful discharge cause of action is known as:

A) punishment.
B) negligence.
C) promotion.
D) retaliatory demotion.

Question 9

In the context of the chapter,the term "trade secrets" is synonymous with:

A) military information.
B) business intelligence.
C) proprietary information.
D) personal information.

Question 10

Defamation through speech is known as:

A) slander.
B) stipulation.
C) speculation.
D) libel.

Question 11

Which of these forms of invasion of privacy is closely related to the tort of defamation?

A) invasion of plaintiff's solitude
B) intrusion into plaintiff's private affairs
C) portraying plaintiff in a false light
D) appropriating plaintiff's name or likeness

Question 12

Since business defamation is a __________,it can amount to strict liability once the plaintiff has proved that the damaging statement was __________.

A) criminal offence, heinous
B) misdemeanor, unreasonable
C) per se tort, published
D) negligence, intentional

Question 13

Employers reinforce their common law rights by:

A) issuing injunctions and suing for damages.
B) requiring employees to sign confidentiality and noncompetition agreements at time of hire.
C) reducing the employees rank, salary, or job title as a punishment.
D) imposing regulations on their Internet usage and other external communication.

Question 14

Which of the following can be considered to be a civil wrong?

A) injunction
B) tort
C) ordeal
D) ordinance

Question 15

In the Ingraham v.Ortho-McNeil Pharmaceutical case,the employer was found not guilty of:

A) intentional infliction of emotional distress.
B) negligent infliction of emotional distress.
C) tortious interference with contract.
D) defamation.

Question 16

In the WILLIAMS V.AMERICAN EAGLE AIRLINES,INC.case,the plaintiff's tortious interference with contract claim against American Eagle was based on:

A) an invalid contract.
B) a collective bargaining agreement.
C) negligent interference.
D) discrimination.

Question 17

In the HAUN V.COMMUNITY HEALTH SYSTEMS,INC.case,it was found that Pennsylvania law does not recognize a claim for tortious interference with contract in the context of contracts for:

A) employment at-will.
B) defamation.
C) specific performance.
D) private employees.

Question 18

Employers whose employees misappropriate the trade secrets are entitled to obtain:

A) injunction.
B) penalty.
C) remand.
D) custody.

Question 19

In the Meehan v.American Intern,LLC.case.,the plaintiff's claim failed because there was no:

A) breach of contract.
B) at-will employee contract.
C) evidence of defamation.
D) breach of privacy.

Question 20

Third party must interfere for an improper reason,such as animosity toward the plaintiff,and not for a valid business reason,in order to be held responsible for the tort of:

A) infliction of emotional distress.
B) defamation.
C) tortious interference with contract.
D) slander.

Question 21

An employee's theft of her employer's trade secrets is considered as a(n):

A) liability.
B) tort.
C) bailment.
D) injunction.

Question 22

The imputation of crime,disease,and those affecting the plaintiff in his business,trade,profession,office or calling are commonly recognized forms of:

A) per se defamation.
B) strict liability.
C) absolute liability.
D) negligence.

Question 23

Which of the following is a requirement to submit a claim to binding arbitration?

A) Fair Labor Standards Act Amendment 12
B) Equal Employment Opportunities Commission's Form 22-A
C) National Labor Relations Act preemption
D) North American Free Trade Agreement's Form 17-C

Question 24

What kind of precautions do employers use to guard their valuable intellectual property from misappropriation by disgruntled,departing employees?

A) contributory negligence
B) infringement of trade mark
C) tort of trade secret
D) non-compete clause

Question 25

In the CDC RESTORATION & CONST.,LC V.TRADESMEN CONTRACTORS,LLC case,the court found that _______________ were/was not a trade secret under the UTSA.

A) manufacturing methods
B) back pay
C) pricing information
D) compensation

Question 26

Explain the similarities and differences between libel and slander.

Question 27

The elements of retaliatory demotion are quite the same as:

A) wrongful discharge.
B) intentional infliction of emotional distress.
C) strict liability.
D) willful misconduct.

Question 28

Which of the following is considered an offense with lower level culpability compared to intentional infliction?

A) libel
B) Slander
C) Negligent infliction
D) Qualified privilege

Question 29

Julie harassed her co-worker Van by regularly tampering with his belongings and leaving threatening messages on his desk.This repeated harassment caused Van to suffer from severe depression.In the above scenario,what type of tort can Van claim on Julie?

A) negligent infliction of emotional distress
B) intentional infliction of emotional distress
C) absolute liability
D) libel

Question 30

Under which law is the context of tortious interference with contract extracted from?

A) unemployment law
B) civil law
C) criminal law
D) employment law

Question 31

Define the tort of defamation.

Question 32

How can a person be immune from a defamation suit if he is protected by qualified privilege?

Question 33

Guana Inc.persuaded Mandy,DOS Right Inc.'s top systems engineer,to "jump ship" and come over to Guana,bringing all her notebooks and diskettes containing her work from DOS Right.Mandy accepted the offer since DOS Right had reneged on a bonus that she believed she was promised,but was never paid.On these facts:

A) DOS Right does not have a remedy.
B) Mandy can claim for constructive wrongful discharge.
C) Guana may be liable for tortious interference with contract.
D) Mandy can claim for intentional infliction of emotional distress.

Question 34

Which is business defamation?

Question 35

Robert,a mid-level manager at Revive Corp.,was falsely accused of sexual harassment.In the course of its investigation,the company questioned numerous co-workers about Robert,searched his office and computer files without his permission,and interviewed his neighbors.Although the investigation produced no evidence of Robert's guilt,he was fired since the company's president felt that the accusation was a poor reflection on the organization.If Robert sues Revive,his complaint will likely contain counts of:

A) racial discrimination.
B) wrongful discharge.
C) tortious interference with contract.
D) felony.

Question 36

Which tort is only recognized by a minority of jurisdictions?

A) libel
B) negligent infliction of emotional distress
C) intentional infliction of emotional distress
D) slander

Question 37

If a communication tends to harm the reputation of an individual to lower him or her in the estimation of the community or to deter third persons from associating or dealing with him or her,this is considered a:

A) felony.
B) defamation.
C) misdemeanor.
D) strict liability.

Question 38

When a person is protected by _______________,the remarks made will be immune from a defamation suit,if the person has made them in good faith.

A) qualified privilege
B) sovereign immunity
C) strict liability
D) vicarious liability

Question 39

Explain the differences between libel or slander that is per se or not per se.

Question 40

Which of the following applies to the protection of proprietary information by common law or state statute?

A) employee's social security number
B) worker's compensation
C) trade secret
D) trademark

Question 41

What is qualified privilege and which kind of privilege is provided to public and private employees?

Question 42

What is the remedy for an employer in case of theft of trade secrets by a former employee?

Question 43

How does the court recognize qualified privilege?

Question 44

How is a third party responsible for tortious interference with contract?

Question 45

In defamation per se,what does "per se" connote?

Question 46

What is a tort and how it is applicable in employer-employee relationships?

Question 47

Why have some courts been reluctant to adopt the tort of intentional infliction of emotional distress?

Question 48

How are retaliatory demotion cases different from wrongful discharge suits?

Question 49

If a state recognizes tort of negligent infliction of emotional distress,how will the defendant of that state be liable for damages?

Question 50

Why do courts shy away from negligent infliction of emotional distress?