Deck 3: Commonly Committed Workplace Torts

Question 1

Since business defamation is a per se tort, it cannot amount to strict liability even if the plaintiff has proved that the damaging statement was published.

Answer 1

False

Question 2

"Trade secret" is another name for proprietary information.

Answer 2

True

Question 3

Negligent infliction of emotional distress is not recognized by any jurisdiction.

Answer 3

False

Question 4

Defamation by writing is known as:

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

Question 5

In context of employment laws, tortious interference with contract is a commonly committed tort.

Question 6

Retaliatory demotion cannot support a claim on wrongful discharge.

Question 7

Private employers are not covered by qualified privilege.

Question 8

Confidentiality and non-competition agreements are entered into by the employers on behalf of the employees while hiring the employees.

Question 9

One of the most commonly committed workplace torts is defamation.

Question 10

The common law will protect employers from employees who misappropriate trade secrets by allowing judges to issue injunctions and award damages.

Question 11

Qualified privilege is recognized by law.

Question 12

The National Labor Relations Act preempts a requirement to submit the claim to binding arbitration, and sovereign immunity, where public employers are targeted.

Question 13

Misappropriation of trade secrets is considered a crime in some states.

Question 14

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 15

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

A)Injunction
B)Tort
C)Ordeal
D)Ordinance

Question 16

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.

Question 17

In most of the states' common laws, it is an obligation for employees to respect the trade secrets of employers.

Question 18

Defamation and slander are two kinds of libel.

Question 19

One area of tort law in which such suits are becoming increasingly more common is:

A)intentional infliction of emotional distress.
B)qualified privilege.
C)trade secrets.
D)None of these answers.

Question 20

A tort can be defined as a civil wrong.

Question 21

In the Oliver v. Orleans Parish School Bd. case, the trial court's determination that the defendant's actions were unauthorized and unjustified was ______, which defeats the tortious interference with contract claim.

A)libelous
B)defamatory
C)"clearly wrong"
D)a breach of contract

Question 22

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 23

In the United States v. Xi case, the charges stemmed from an alleged conspiracy to:

A)steal confidential and trade secret information.
B)a collective bargaining agreement.
C)discriminate.
D)violate public policy.

Question 24

Defamation through speech is known as:

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

Question 25

Employers whose employees misappropriate trade secrets are entitled to obtain:

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

Question 26

In the Sandoval v. DISA Global Solutions, Inc. case, a lab was accused of ___________ for reporting an employee's positive drug-test results to his employer.

A)defamation.
B)qualified privilege.
C)breach of privacy.
D)contractual breach.

Question 27

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 28

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 29

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 30

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 31

In the Argereow v. Weisberg case, the employee-plaintiff accused her employer of:

A)libel.
B)defamation.
C)tortious interference with a prospective economic advantage.
D)breach of contract.

Question 32

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 33

In the Duty v. Boys and Girls Club of Porter County , the plaintiff's claim succeeded because the alleged breach of contract was:

A)malicious.
B)accidental.
C)not malicious.
D)not exclusively directed at the plaintiff.

Question 34

In the Davidson v. Baird case, the employer was accused of:

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

Question 35

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 36

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.

Question 37

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 38

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

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

Question 39

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 40

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 41

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 42

Explain the similarities and differences between libel and slander.

Question 43

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 44

Define the tort of defamation.

Question 45

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

Question 46

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

Question 47

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

Question 48

The elements of retaliatory demotion are quite similar to:

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

Question 49

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 50

Which is business defamation?

Question 51

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

Question 52

How does the court recognize qualified privilege?

Question 53

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 54

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)Libel claim

Question 55

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 56

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

Question 57

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 58

How are retaliatory demotion cases different from wrongful discharge suits?

Question 59

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 60

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 61

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

Question 62

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

Question 63

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

Question 64

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

Question 65

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