Deck 7: Intentional Torts

Question 1

Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests.

Answer 1

True

Question 2

The same act can be both a tort and a crime.

Answer 2

True

Question 3

Sam goes to the movies one Friday evening. The movie is boring and Sam falls asleep. At 2 a.m., the security guard locks the building. Sam awakens the next morning when the cleaning crew opens the door. Sam can sue for false imprisonment.

Answer 3

False

Question 4

Brad doesn't like Jordan and especially dislikes Jordan's new felt hat, so he intentionally knocks it off Jordan's head in order to embarrass Jordan. Brad has committed a battery.

Question 5

All conversions are trespasses but not all trespasses are conversions.

Question 6

John and Megan are at a crowded theater. In the press of people exiting the theater, John accidentally steps on Megan's big toe and breaks it. Megan can sue John for the tort of battery.

Question 7

The purpose of tort law is to punish the wrongdoer.

Question 8

Under constitutional privilege, a public official or public figure must prove that the defendant published the defamatory and false comment with knowledge of the comment's falsity or in reckless disregard of the truth.

Question 9

Moore, an employee of Lewpenski Motors, fraudulently tells Tolson, a prospective car buyer, that the used car he is considering has never been in an accident. If Tolson buys the car in reliance on Moore's false statement, both Moore and Lewpenski Motors are liable to Tolson for damages based on the fraudulent misrepresentation.

Question 10

Geraldo, a passenger on an airline flight, kisses Susie, a passenger on the same flight, while she sleeps. Geraldo could be sued for battery.

Question 11

Pamela, without authorization, eavesdrops on a conversation between Mark and Elise. Pamela has not committed the tort of intrusion unless she makes the conversation public.

Question 12

Minors under the age of 18 are not held liable for their intentional torts.

Question 13

The Restatement Third, Torts: Intentional Torts to Persons, parts of which were approved in 2015, will address recovery for physical and emotional harm to persons.

Question 14

In only a minority of states a jury may award punitive damages if a defendant's tortious conduct is intentional and outrageous.

Question 15

The law of torts is primarily made up of statutory law.

Question 16

Qualified privilege depends on proper use of the privilege.

Question 17

BB, Inc. fires an employee and then, when asked for a reference on him, negligently makes some untrue statements, which prevent him from finding a job. BB is liable for defamation.

Question 18

Damages awarded in excess of normal compensation in order to punish a defendant for a serious civil wrong are known as punitive damages.

Question 19

The Restatement Third, Torts: Liability for Economic Harm, parts of which were approved in 2012 and 2104 will update coverage on torts that involve economic loss or pecuniary harm not resulting from physical harm or physical contact to a person or property.

Question 20

Greg and his friend are playing football in his back yard when Greg accidentally throws the ball over the fence into the neighbor's yard where it breaks the window. This is trespass to real property, only if Greg himself goes onto the property to get the ball.

Question 21

Intentional infliction of emotional distress will protect a person from rudeness if the conduct was intended to cause emotional distress.

Question 22

The law provides no protection from harm to a person's right of dignity.

Question 23

Intent, as used in tort law, requires an evil motive.

Question 24

In the Philip Morris USA v. Williams case, the Supreme Court stated that punitive damages may be properly imposed in certain cases but, because of constitutional limitations, cannot be grossly excessive.

Question 25

To help sell the product, a book publisher used a well-known commentator's name and her quote on the back book jacket of a new release without the commentator's knowledge or permission. No tort was involved since there was no injury to anyone.

Question 26

Malicious prosecution and wrongful civil proceedings impose liability for damages caused by improperly brought proceedings, including harm to reputation, credit, or standing; emotional distress; and expenses of defense.

Question 27

Invasion of privacy is in reality a collection of four distinct torts.

Question 28

The tort of defamation is best defined as the unreasonable public disclosure of private facts.

Question 29

Defenses of absolute, conditional, and constitutional privilege apply to defamation and also to publication of any matter that is an invasion of privacy.

Question 30

A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does.

Question 31

Infliction of emotional distress occurs when a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person.

Question 32

Sending a letter to Sally falsely accusing her of being a murderer constitutes the tort of defamation.

Question 33

The cause of action of infliction of emotional distress protects a person from abusive language by a supervisor.

Question 34

Punitive damages is a term referring to damages that will merely compensate victims for the harm they have suffered, but will cost defendants more money than they have.

Question 35

Pointing an unloaded gun at someone and threatening to shoot constitutes an assault if that person believes it is loaded .

Question 36

For purposes of defamation, a publication includes non-written, verbal communication to third parties.

Question 37

The tort of appropriation protects a person's exclusive right to exploit the value of her identity.

Question 38

The law of torts reallocates losses caused by human misconduct.

Question 39

A person cannot be guilty of trespass unless he or she intended to violate the other's rights.

Question 40

If a person is substantially certain that harm will occur by their actions, they can be held liable for an intentional tort, even if he or she doesn't desire for the harm to occur.

Question 41

A defamatory communication that is spoken or oral is designated as libel.

Question 42

In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.

Question 43

Tim and Steve are roughhousing in Tim's parents' front yard when Steve intentionally pushes Tim onto the neighbor's property. The trespasser(s) is/are:

A) Tim.
B) Steve.
C) both Tim and Steve.
D) neither Tim nor Steve.

Question 44

Perkins commits a battery against Connors. If the government brings a criminal action against Perkins, Connors cannot bring a civil tort action against Perkins for the same battery because this would constitute double jeopardy.

Question 45

Which of the following cannot be raised as a defense to a claim of defamation?

A) That the Internet service provider was publishing information originating from a third party.
B) That there was a constitutional privilege to comment about the plaintiff who is a public figure and that the statement was made without malice.
C) That there was absolute privilege to publish a defamatory statement in order to protect a legitimate self-interest.
D) That there was absolute privilege for statements regarding a third party made between spouses when they are alone.

Question 46

The tort of false light imposes liability if the matter in question is objectionable to a reasonable person, but is not necessarily defamatory.

Question 47

Misuse of procedure can occur even when the plaintiff succeeds in the litigation.

Question 48

A privilege may result in immunity from tort liability.

Question 49

X knows that Y has offered to sell wheat to Z at a certain price per bushel. Hoping to get Z for a customer, X offers Z wheat at $.50 less a bushel than Y offered. X gets the contract. X is liable to Y for the tort of interference with contractual relations.

Question 50

Tort liability is civil liability that is voluntarily assumed.

Question 51

The tort of nuisance includes only the trespassory invasion of real property.

Question 52

Thomas, an ordinary citizen, posts this statement about a well-known movie star on a popular social media site: "Anderson Jones takes a stand against our President; calls for impeachment!"  The truth is, Anderson Jones is an avid supporter of the President and has never made a statement otherwise.  This is a case of false light.

Question 53

If Smith works for Jones under an informal arrangement by which there is no contract stating dates for beginning or ending the relationship, Brown Co. could induce Smith to quit her job with Jones and come to work for Brown Co. without liability to Jones.

Question 54

The Hometown News snapped a picture of Tim as he was sleeping under a tree in the park on a warm spring day. If the paper printed the picture on the front page:

A) the Hometown News is guilty of intrusion.
B) the Hometown News is guilty of false light.
C) the Hometown News is guilty of appropriation.
D) it is unlikely that the Hometown News is guilty of any tort.

Question 55

The tort of __________ is a false communication, which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held.

A) false light
B) intrusion
C) defamation
D) disparagement

Question 56

In some instances the same facts will give rise to an action for both false light and defamation.

Question 57

Tort law gives persons relief from civil wrongs or injuries to their person and property but not their economic interests.

Question 58

Sheena knowingly and falsely tells Jenn that an automobile she is trying to sell has never been in a flood. In reliance upon Sheena's statement, Jenn buys the car. Sheena is liable to Jenn for fraudulent misrepresentation.

Question 59

All batteries are immediately preceded by an assault.

Question 60

One of the principal objectives of tort law is to prevent future harms and losses.

Question 61

June's car was parked just outside the east door of the Civic Center. When she tried to exit, three ominous-looking gang members were blocking that door. She called the police who arrested the three for loitering. If June brings suit against them for false imprisonment:

A) she will lose if there was another exit she could have used.
B) she will lose because she was not harmed by the confinement.
C) she will win even if there was another way out because she was, in effect, being confined to the Civic Center.
D) she will win because they were blocking her passage to her car.

Question 62

Bodily contact that is harmful or offensive can give rise to the tort of:

A) assault.
B) battery.
C) defamation.
D) appropriation.

Question 63

In the Ferrell v. Mikula case, the Georgia Court of Appeals said that:

A) false imprisonment is the unlawful detention of the person of another for an unreasonable length of time.
B) the essential elements of an action for false imprisonment include detention, unlawfulness, and malice.
C) the elements of a cause of action for intentional infliction of emotional distress include either intentional or reckless conduct that is extreme and outrageous, a causal connection between the wrongful conduct and the emotional distress, and severe emotional distress.
D) to constitute the tort of intentional infliction of emotional distress, action must be intentional, not merely reckless.

Question 64

Which of the following is not a principal objective of tort law?

A) To compensate persons who sustain harm or loss resulting from another's conduct.
B) To punish the person who committed the tort.
C) To place the cost of compensating victims only on those parties who should bear it.
D) To prevent future harms and losses.

Question 65

Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else was in the area. The bullet hit Bob, who happened to be riding his ATV across the desert. In this case:

A) Arthur has committed the tort of assault.
B) Arthur has committed the tort of battery.
C) it is unlikely that Arthur has the necessary intent to commit a tort.
D) Arthur has committed the tort of intentional infliction of emotional distress.

Question 66

Invasion of privacy consists of:

A) appropriation.
B) intrusion.
C) public disclosure of private facts.
D) All of these are invasions of privacy.

Question 67

Which one of the following is NOT one of the torts included within invasion of privacy?

A) Nuisance.
B) Intrusion.
C) Appropriation.
D) False light.

Question 68

Alice posted a poster of Baron's name and photograph in a list of the FBI's top ten criminals. Baron has never been convicted of any crime and is horrified by the thought of being considered a criminal. This:

A) could be either libel or defamation.
B) could be either   extortion or battery.
C) could be either   nuisance or libel.
D) could be either defamation or false light.

Question 69

Damages recoverable for the tort of disparagement may include:

A) monetary losses that indirectly result from the impairment of the marketability of the property disparaged.
B) expenses for the cost of notifying customers.
C) three times the actual monetary losses caused by the disparagement.
D) the actual loss of revenue for the next three years.

Question 70

Cameron doesn't like Bradley, so at a cocktail party he spread untrue rumors about Bradley's lifestyle. These rumors harm Bradley's reputation in the community.

A) Cameron is guilty of libel.
B) Cameron is guilty of slander.
C) Bradley does not have a defamation suit against Cameron.
D) Cameron is protected by the First Amendment to the Constitution.

Question 71

Julian threw a brick at Will, intending to hit him. If the brick instead hits Anna, Julian has:

A) committed a battery.
B) committed an assault.
C) no liability if he has not yet reached the age of majority.
D) not committed a tort because he did not have the intent to harm Anna.

Question 72

Three torts comprise the misuse of legal procedure. One of these torts is:

A) malicious prosecution.
B) slanderous prosecution.
C) fraudulent misrepresentation.
D) wrongful search of a suspect's property.

Question 73

Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not show to anyone else. Ashley has committed:

A) the tort of slander.
B) the tort of libel, but not slander
C) neither libel nor slander
D) the tort of false light.

Question 74

Two absolute defenses to the tort of defamation are:

A) truth and self-defense.
B) truth and privilege.
C) privilege and self-defense.
D) truth and defense of property.

Question 75

Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the laundromat. Arnold has committed:

A) the tort of slander.
B) the tort of libel.
C) neither libel nor slander, because there has been no publication of the letter.
D) the tort of false light.

Question 76

The tort of public disclosure of private facts requires:

A) publication.
B) private information about either an individual or a corporation.
C) a false statement.
D) that the matter made public would be offensive and objectionable to a reasonable person.

Question 77

Carl threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office.

A) Carl cannot be liable to the secretary for any torts because he did not intend to hurt her.
B) If Carl knew the secretary was in the office, even if he didn't intend to injure her, his intent to harm the agent is transferred to the secretary who can sue Carl for her injuries with an intentional tort cause of action.
C) Carl has committed a crime, but he is not liable for any torts.
D) Carl has committed the tort of intrusion.

Question 78

Most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect:

A) without physical discomfort.
B) with probable cause, in a reasonable manner, and for not more than a reasonable time.
C) for no more than 30 minutes.
D) in a way that will not cause embarrassment or physical injury to the suspect.

Question 79

With respect to the tort of conversion, which of the following statements is true?

A) Conversion is an intentional exercise of dominion over another's real property that so seriously interferes with the right of control as to justly require the payment of damages.
B) All conversions are nuisances.
C) All conversions are trespasses, but not all trespasses are conversions .
D) Conversion is interference with a business contract to the point that at least one of the parties to the contract changes the terms of the contract.

Question 80

The intentional dispossession or unauthorized use of the personal property of another is known as:

A) conversion.
B) trespass to personal property.
C) fraud.
D) stealing.