Deck 6: Intentional Torts

Question 1

Tim takes a shortcut across John's yard on his way to school.Even if John gives Tim permission to use John's yard as a shortcut,Tim has still trespassed on John's property.

Answer 1

False

Question 2

Assault is an intentional,nonconsensual touching that is harmful or offensive.

Answer 2

False

Question 3

Loud Larry is a popular talk show host who likes to take a confrontational approach to interviewing his guests.Larry is a smoker.He invites Alice,a well-known anti-smoking advocate,to be on his show.During the course of the interview,Larry attempts to demonstrate the harmless effects of secondhand smoke by blowing smoke directly in Alice's face.Under these circumstances:

A)Larry may be liable for battery.
B)Larry would not be liable for battery because he did not touch her body.
C)Larry may be liable for false imprisonment.
D)Larry may be liable for defamation.

Answer 3

A
Explanation: The basic personal interest that any legal system can protect is a person's right to be free from injurious or unpleasant physical contact with others.Battery,an intentional,unconsented-to touching that is harmful or offensive,protects that interest.The least touching can be a battery if it produces injury or would be considered offensive to a person of ordinary sensibilities.In this case,as Larry attempts to demonstrate the harmless effects of secondhand smoke by blowing smoke directly in Alice's face who is an anti-smoking advocate.This can be considered offensive and Larry may be liable for battery.

Question 4

The elements of an intentional tort are:

A)harm to another person/property and intent.
B)harm to person or property,violation of a statute,and intent.
C)violation of a statute and intent.
D)harm to person or property and violation of a statute.

Question 5

In order to keep Pat from leaving the house,Geoff locked the front door of his house but forgot to lock the back door.Geoff has falsely imprisoned Pat.

Question 6

Intentional torts are both civil and criminal in nature.

Question 7

In cases of slander per se,defendants are not liable if the statements they uttered were true.

Question 8

Punitive damages:

A)are a small amount of compensation given to the plaintiff.
B)are like actual damages but do not seek to deter the defendant.
C)are damages far less than the plaintiff's injuries,awarded to punish the plaintiff.
D)are damages in excess of the plaintiff's injuries,awarded to punish the defendant.

Question 9

Consent can be a defense to battery only if the consent is freely and intelligently given.

Question 10

Libel and slander refer to acts of oral defamation by a malicious agent.

Question 11

Using a person's name or likeness for commercial purposes without that person's consent is a form of invasion of privacy.

Question 12

One can commit an intentional tort with the conscious desire to cause harm or with the knowledge that harm is substantially certain to result.

Question 13

The plaintiff's burden of proof in a tort case is proof by a preponderance of the evidence,which is applied in:

A)a case where the defendant's life may be at stake.
B)a case where the defendant's liberty may be at stake.
C)a case where the defendant's money is at stake.
D)all criminal cases

Question 14

Use of force to drive away a person's customers or employees leads to a tort called disparagement.

Question 15

Truth is not a defense to a defamation action.

Question 16

Punitive damages can be used for intangible harms such as injury to reputation and emotional distress.

Question 17

Compensatory damages are also known as:

A)actual damages.
B)punitive damages.
C)nominal damages.
D)statutory damages.

Question 18

The plaintiff's burden of proof in a tort case is identical to that of a criminal case.

Question 19

A defendant's actions must be outrageous in order to be found guilty of intentional infliction of emotional distress.

Question 20

The defendant need not actually touch the plaintiff's body to be liable for battery.

Question 21

The U.S.Supreme Court requires that actual malice be proved when:

A)public officials sue the media for false and defamatory statements.
B)public officials are found strictly liable for a crime.
C)public figures sue for physical harm resulting from malice.
D)public figures and public officials sue the media for publishing true statements.

Question 22

Conversion is defined as:

A)intrusion on a person's solitude or seclusion and publishing private facts about a person.
B)the unlawful taking of or exercise of control over the personal property of another person.
C)the intentional confinement of a person for an appreciable time without the person's consent.
D)the use of force to drive away a person's customers or employees.

Question 23

This is a common defense to the tort of malicious prosecution.

A)Improper purpose
B)Lack of capacity
C)Probable cause
D)Inducing a breach of contract

Question 24

Under the tort of invasion of privacy:

A)some widespread dissemination of information is necessary for liability.
B)true,but public facts about a person can be an invasion of privacy.
C)truth is a defense to "publication of private facts."
D)newsworthy items can be the basis of a successful suit.

Question 25

Mike snatched Kathy's purse off her shoulder while she was walking on the street.She,with the help of few others on the street,caught him and produced him before court.Which of the following torts could Kathy prove in a lawsuit against Mike?

A)Assault
B)Battery
C)Defamation
D)Disparagement

Question 26

Which of the following statements is conditionally privileged in defamation suits?

A)Statements by members of Congress on the floor of Congress.
B)Statements made in the furtherance of legitimate business interests.
C)Statements by participants in judicial proceedings.
D)Private statements between spouses.

Question 27

Seth was shopping at a local music store looking for a CD,when he suddenly remembered that he had an appointment with his math professor.He pulled his calendar out of his backpack only to discover that he was late for the appointment.Seth quickly put the calendar back into his backpack and ran out of the store.As he made his exit from the store,a security guard asked Seth to accompany him to an office at the back of the store to which Seth consented.Once there,the guard accused Seth of shoplifting.The guard quickly searched Seth and his backpack and found nothing.The guard apologized to Seth and explained that the store had recently experienced an outbreak of theft.The whole incident took less than five minutes.Under these circumstances:

A)Seth can sue the store for false imprisonment.
B)Seth can sue the store for false imprisonment,emotional distress,and battery.
C)The store has conditional privilege to stop persons it feels are shoplifting as long as the owner acts in a reasonable manner and detains the suspect only for a reasonable length of time.
D)The store has no conditional privileges to stop persons it feels are shoplifting,but it is liable for punitive damages.

Question 28

William Key Collins called his insurance adjuster,Morris Gage,to discuss a claim.During their phone conversation,Gage told Collins that his chiropractor,Kenneth Ark,was "a quack." Dr.Kenneth Ark overhears this conversation and wants to sue Morris Gage.Which of the following statements is true?

A)Ark can recover from Gage for libel,but only if he proves special damages.
B)Ark can recover from Gage for slander,but only if he proves special damages.
C)Ark can recover from Gage for libel,and actual damages will be presumed.
D)Ark can recover from Gage for slander,and actual damages will be presumed.

Question 29

In actions for malicious prosecution and for wrongful use of civil proceedings,a plaintiff must show that:

A)the wrongfully brought suit did not terminate in his favor.
B)the suit was brought with probable cause to believe the suit was justified.
C)the suit was brought for an improper purpose.
D)the wrongfully brought suit terminated in the defendant's favor.

Question 30

Abuse of process requires:

A)that the wrongfully brought suit terminated in the defendant's favor.
B)that there be no probable cause in order for the person wrongfully sued to win.
C)proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed.
D)proof that the suit was brought out of malice and to give a remedy for the financial,emotional,and reputational harm caused.

Question 31

Which of the following is a common defense to trespass to personal property?

A)Probable cause
B)Privilege
C)Truth
D)Necessity

Question 32

Which of the following is an example of invasion of privacy?

A)A tenant continuing to stay in a house even after the lease period has expired.
B)The act of wrongfully selling or mortgaging the goods of another.
C)The act of putting an ad in the paper saying that a person does not pay his or her bills.
D)A person providing false statements on a seller's ownership of goods offered for sale.

Question 33

Which of the following statements is true about conversion and trespass to personal property?

A)Trespass to personal property does not require intent,while conversion does.
B)The degree of interference with another's property rights acts as a basis for the difference between the two.
C)Consent acts is a defense to conversion but will not be considered as a defense for trespass to personal property.
D)Courts do not consider extent of harm to property as a difference between conversion and trespass.

Question 34

The tort of false imprisonment protects:

A)the right to life.
B)only the freedom of movement.
C)mental and physical interests.
D)only the freedom from knowledge of confinement.

Question 35

Which of the following denotes an injury to a person's reputation?

A)Disparagement
B)Defamation
C)Battery
D)Malice

Question 36

Lani is upset with her roommate Bill because he refuses to clean up after himself.In a fit of rage,Lani tries to hit him on his head but misses.At the time,Bill is turned away from Lani and is completely unaware that she tried to hit him.Under these circumstances:

A)Lani is liable only for battery.
B)Lani is liable only for assault.
C)Lani is liable neither for battery nor assault.
D)Lani is liable for causing mental distress.

Question 37

For a public figure to sue for defamation,he/she must prove:

A)actual malice.
B)misuse of privilege.
C)violation of a statute.
D)invasion of privacy.

Question 38

Cybertrespass is commonly considered to be a trespass on:

A)personal property.
B)real property.
C)private property.
D)immovable property.

Question 39

Which of the following statements supports the explanation of libel?

A)Broadcast defamation,which involves both oral and visual impressions,is generally considered to be libel.
B)Damages are presumed in libel,though the statement is not defamatory on its face.
C)Oral defamation,causing injury to a person's reputation and causing that person considerable anguish and harm is considered to be libel.
D)Private statements between spouses may be defamatory and will be considered to be libel.

Question 40

Monica owed Bob $500,which was more than a year overdue.Bob got drunk at a party and told everyone there that Monica had owed him $500 for over a year.Can Monica recover from Bob for defamation?

A)Yes,because Bob abused his conditional privilege.
B)No,because Bob has the defense of truth.
C)Yes,because Bob communicated the statement to third persons and defamed her.
D)Yes,because a statement saying that a person does not pay his/her debts on time is slander per se.

Question 41

A common defense to the tort of interference with contract is:

A)lack of capacity.
B)privilege.
C)probable cause.
D)inducing a breach of contract.

Question 42

Jim Slim sued Acme Smelting for trespass because microscopic,airborne particles of heavy metals from its copper smelter four miles away had been deposited on his property.The smelter's emissions met all federal,state,and regional regulations,and had caused no actual damage.Is the deposit of microscopic particles on a person's property,without damage,a trespass?

Question 43

Define and discuss the tort of trespass to land.

Question 44

The tort of interference with contract:

A)does not protect the sanctity of private contractual relationships.
B)does not apply to a person who intentionally induces a person to breach a contract with another.
C)applies to a person who intentionally prevents performance of another person's contract.
D)justifies inducing a breach of contract in most cases.

Question 45

Explain the difference between defamation and disparagement.

Question 46

The tort of disparagement:

A)requires proof of actual damage.
B)covers true statements about the personal behavior of persons in business.
C)is identical to the tort of slander.
D)does not include truth as a common defense.

Question 47

Explain the tort of battery.

Question 48

Which of the following is an example of interference with economic relations?

A)Trespass
B)False imprisonment
C)Disparagement
D)Defamation

Question 49

Miss Shell bought eyeglasses from Vision Co.,but she failed to make her payments.The optician's collection agency,the D.Siplin Company,responded very enthusiastically.Siplin phoned Shell about 15 times daily,including calls after midnight.Calls and letters were directed to her employer,her neighbors,and her minister telling them about her indebtedness.Siplin also posted a notice in Vision Co.'s window stating that Shell was behind in her payments,and mounted the same message on a billboard.Shell was admitted to the hospital with a nervous breakdown.Discuss her possible legal remedies against Siplin.

Question 50

Privilege is not a common defense to which of the following intentional torts?

A)False imprisonment
B)Trespass to land
C)Interference with contract
D)Disparagement