Deck 6: Intentional Torts

Question 1

The tort of malicious prosecution affords a remedy when the defendant mounted a wrongful and unjustifiable civil suit against the plaintiff.

Answer 1

False

Question 2

_____ is defined as the desire to cause certain consequences or the substantial certainty that those consequences will result from one's behavior.

A) Intent
B) Negligence
C) Liability
D) Battery

Answer 2

A

Question 3

Which of the following can be recovered by plaintiff who usually wins a tort case?

A) Injunction
B) Arbitration award
C) Compensatory damages
D) Conditional privileges

Answer 3

C

Question 4

Public figure Pam sues a newspaper for defamation based on statements regarding her stand on a public issue. Pam must prove the newspaper's "actual malice" in order to recover any damage.

Question 5

_____ is the failure to use reasonable care, with harm to another party occurring as a result.

A) Assault
B) Recklessness
C) Negligence
D) Liability

Question 6

A Tort is civil wrong which is also the same as breach of contract.

Question 7

Defamation liability requires publication of the defamatory statement to an appreciable number of people.

Question 8

In order to be liable for conversion, the defendant must know that the property rightfully belongs to someone else.

Question 9

What is the standard of proof that the plaintiff must satisfy in a tort case?

A) Preponderance of the evidence
B) Beyond-a-reasonable-doubt
C) Benefit of assumption
D) Burden of proof

Question 10

The burden of proof in a tort case is a preponderance of the evidence.

Question 11

Sounds that reverberate across the plaintiff's land are more likely to be classed as a nuisance than as a trespass to land.

Question 12

For a battery to exist, the victim must be aware of a harmful or offensive contact at the time that contact occurs.

Question 13

In order to prove actual malice in a defamation claim, the plaintiff must show that the defendant had knowledge of the falsity of the statement.

Question 14

_____ are intended to punish flagrant wrongdoers and to deter them, as well as others, from engaging in similar conduct in the future.

A) Compensatory damages
B) Punitive damages
C) Liquidated damages
D) Tort damages

Question 15

Television and radio broadcasts usually are classified as slander rather than as libel because they involve spoken words rather than written ones.

Question 16

The best defense for battery is the free and intelligent consent given.

Question 17

In the case of false imprisonment, the plaintiff must be under confinement for a long time.

Question 18

There is no tort liability for fraud or deceit where the defendant did not actively make a false statement, but instead merely failed to disclose something.

Question 19

Under the principle of "respondeat superior," an employer is not liable for torts committed by employees.

Question 20

Generally speaking, statements made during judicial proceedings are absolutely privileged and, therefore, shield against defamation liability.

Question 21

The difference between a public figure and a private one regarding defamation cases is that:

A) only the public figure can file a case.
B) the private figure generally loses such cases.
C) the public figure has to prove "actual malice."
D) the private figure does not enjoy conditional privileges.

Question 22

"Books are Us" (BU), a bookstore, is being sued for defamation after it sold a book containing false, defamatory statements about the plaintiff. What is BU's best defense to this lawsuit?

A) BU is not the publisher of the book.
B) BU did not intend to harm the plaintiff.
C) BU had no knowledge of the contents of the book.
D) BU did not violate any criminal law or regulation in selling the book.

Question 23

Davis throws a dagger at Smith, intending to kill Smith. However, the dagger misses Smith and strikes the hat on Potter's head. The dagger does not make contact with Potter's body. Unharmed but finding the whole thing offensive, Potter sues Davis for battery. Which of the following is most true?

A) Davis is not liable because he did not intend to make contact with Potter.
B) Davis is liable to Potter for negligence.
C) Davis is not liable because Potter did not suffer any physical harm.
D) Davis is liable to Potter for battery.

Question 24

In an assault case, it is irrelevant:

A) whether the threatened contact actually occurs.
B) whether there is any intent or not.
C) whether there is an apprehension of harmful contact.
D) whether there is any reasonable apprehension of imminent battery.

Question 25

Which of the following is an example of the privilege of statements made to protect or further the legitimate interests of another?

A) Employment reference
B) Intracorporate communications
C) Accurate media reports
D) Opinion polls

Question 26

Which of the following is slander rather than libel?

A) A defamatory statue
B) An oral defamatory statement
C) A defamatory magazine article
D) A defamatory TV broadcast

Question 27

Dave tells Dora that Phil, a financial advisor, has been stealing money from his clients. Dora then repeats Dave's statement to Tom, telling Tom that the information comes from Dave. All these statements are oral, defamatory, and false. Phil sues Dave and Dora for defamation. Which of the following is true? (Don't consider defenses and privileges).

A) Phil can recover against Dave and Dora without proving special damages.
B) Because Dora only repeated Dave's statement and identified Dave as its author, she can't be liable to Phil.
C) Because Dave only communicated his statement to Dora, and not to an appreciable number of people, he can't be liable to Phil.
D) Phil must prove special damages in order to recover against Dave and Dora.

Question 28

Jack was an employee of ABC Corp. Harry, the president of ABC, had reasonable grounds to believe that Jack had stolen money from the corporation. ABC fired Jack. One month later, Jack applied for employment at DEF Corp. The vice president for Human Relations at DEF contacted Harry and asked about Jack's performance at ABC. Harry responded "I believe that Jack stole money while working here". DEF declined to hire Jack. Jack later discovered what Harry had said, and is now suing Harry for defamation. What is the likely outcome of this case?

A) Jack will win because Harry's statement harmed him.
B) Jack will win because Harry did not have absolute proof that Jack had stolen money.
C) Harry will win because he had a conditional privilege to make that statement.
D) Harry will win because he had an absolute privilege to comment on a former employee's performance.

Question 29

Which of the following is true about cases regarding the intentional infliction of emotional distress?

A) All courts require that the plaintiff's emotional distress have physical manifestations.
B) The plaintiff must be emotionally susceptible in order to recover.
C) The plaintiff's emotional distress must be severe.
D) The defendant should exhibit sufficiently unreasonable behavior for liability.

Question 30

A(n) ______ shields the author of a defamatory statement regardless of his/her knowledge, motive, or intent.

A) demurrer
B) transferred intent
C) intentional tort
D) absolute privilege

Question 31

An essential element of the tort is that the alleged defamatory statement must be "of and concerning" the plaintiff. Why?

A) It is extremely difficult to prove.
B) It places a burden on the defendant.
C) This aims to protect reputation.
D) It concerns public figures.

Question 32

The common law has, traditionally, allowed plaintiffs to recover for libel without proof of _____.

A) punitive damages
B) compensatory damages
C) liquidated damages
D) special damages

Question 33

In general, liability for defamation requires:

A) widespread communication of the defamatory statement.
B) communication of the defamatory statement from the plaintiff herself.
C) publication of the defamatory statement.
D) the identification of the source of the defamatory statement.

Question 34

Melissa hurls a rock with the intention to hit Dave, with whom she has just fought. The rock hits Stacey, instead, who is sitting next to Dave. Melissa is liable for battery under the clause of:

A) conversion.
B) private nuisance.
C) actual malice.
D) transferred intent.

Question 35

Libel is distinct from slander, in that, libel:

A) involves views on public figures.
B) involves only content in print.
C) involves only content on the Internet.
D) is more permanent in nature.

Question 36

Humorous or satirical accounts ordinarily are not considered to be defamation unless:

A) a reasonable reader believes them to be real events.
B) they are political in nature.
C) the plaintiff can prove that they are about him/her.
D) they expressly state so.

Question 37

The necessary ________ in assault is the same as that required in battery.

A) intent
B) offensive contact
C) threat of future battery
D) actual injuries

Question 38

Store owners' "conditional privilege" defense against intentional tort claims brought by detained shoplifting suspects, recognized by most states, usually:

A) requires that the store owner act with police consent.
B) requires that the store owner act with written consent of suspects.
C) requires that the store owner act on evidence against suspect.
D) requires that the store owner act with reasonable cause.

Question 39

Adam published his personal opinion about the current condition of politics stating, "Though the government is unable to fulfill the demands of the public, they demand votes; they really are beggars on streets." Can politicians sue him for defamation under Tort?

A) No, because as a general rule the material in a newspaper is totally exempted.
B) Yes, because defamation in a newspaper is always a tort.
C) Yes, because Adams wrote even though he doesn't have the authority.
D) No, because statements of pure opinion do not amount to defamation.

Question 40

Which of the following characterizes false imprisonment?

A) Unintentional confinement of a person with consent
B) Partial confinement of a person by blocking an exit, when several exist
C) Intentional confinement of a person with consent
D) Unfounded assertion of legal authority to detain a person

Question 41

Which of the following is most likely to involve liability for violating the so-called "right of publicity"? In each case, assume that the plaintiff's name, likeness, work, etc. was appropriated without the plaintiff's permission.

A) Using the work of an unknown artist to illustrate the T-shirts one makes and sells.
B) Using the picture of the owner to sell beer at a pub.
C) Using a picture of a race car to sell chewing tobacco.
D) Using Madonna's name to sell women's apparel.

Question 42

The defendant's intentional exercise of dominion or control over the plaintiff's personal property without the plaintiff's consent is called:

A) defamation.
B) conversion.
C) interference.
D) libel.

Question 43

Which of the following is true of 'invasion of privacy'?

A) Public figures do not enjoy any right to privacy.
B) There are four distinct torts related to it.
C) It is a subject of the Second Amendment of the U.S. Constitution.
D) Examining a person's public records amounts to an invasion of privacy.

Question 44

Which of the following is least likely to create liability for the first form of invasion of privacy (intrusion on personal solitude or seclusion)?

A) Using binoculars to look from your apartment into a neighbor's bedroom.
B) Tapping someone's telephone, because this is a nonphysical intrusion.
C) Examining someone's bank account.
D) Examining public records concerning a person.

Question 45

Ann is troubled with the noise of the old generator set up by her neighbor Jose at his residence. The noise the generator makes is unbearable. Ann sues Jose for nuisance. Will she succeed?

A) No, because it is reasonable noise.
B) No, because generator is not her personal property.
C) No, because she cannot interfere with Jose's personal matters.
D) Yes, because the noise is interfering with plaintiff's use and enjoyment of land.

Question 46

As a prank, Joe signs Susan's name to a pro-abortion petition that appears in a local newspaper. Susan is passionately opposed to abortion. Thus, Susan sues Joe for both defamation and for putting her in a false light in the public eye. Is Joe liable for either tort? If it matters, assume that the town in question is a fairly liberal one with lots of abortion supporters.

Question 47

Most defamation cases brought by public official or public figure plaintiffs are won by the defendant, because the plaintiff was unable to prove:

A) knowledge of falsity.
B) actual malice.
C) reckless disregard for the truth.
D) the actual statements.

Question 48

In which of the following cases is it most likely that a plaintiff will only have to prove negligence on the defendant's part to recover for defamation?

A) Statements that a U.S. Senator had someone killed while in office.
B) Statements that Madonna had someone killed.
C) A statement that you or I murdered an innocent person during a robbery.
D) A credit report on a construction contractor.

Question 49

_____ affords a remedy for the wrongful institution of criminal proceedings.

A) Abuse of process
B) Malicious prosecution
C) Wrongful use of civil proceedings
D) Deceit

Question 50

Which of the following is most likely to involve both defamation liability and liability for putting a person in a false light?

A) Saying that a philosopher favors Plato's philosophy over Aristotle's, when in fact the reverse is true.
B) Falsely saying that an anti-abortion activist favors abortion.
C) Falsely saying that an anti-abortion activist favors giving parents a right of infanticide for all children less than one year old.
D) Signing a conservative Christian clergyman's name to a petition advocating greater sexual freedom for homosexuals.

Question 51

Which of the following can recover damages for proven actual injury, but not presumed or punitive damages, by proving only fault?

A) A public official plaintiff involved in a subject of public concern
B) A public figure plaintiff involved in a subject of private concern
C) A private figure plaintiff involved in a subject of public concern
D) A private figure plaintiff involved in a subject of private concern

Question 52

Which of the following is most likely to be classed as a nuisance (rather than as a trespass to land)?

A) Firing a machine gun through an adjoining landowner's airspace.
B) Allowing thick smoke from your manufacturing operations to continually drift over an adjoining landowner's land.
C) Leaving smelly, unsanitary garbage on your ex-landlord's land after the expiration of your lease.
D) Chasing another person onto an adjoining landowner's land.

Question 53

After a student named Bob insults him in class, Marvin, a business law professor, pulls out his. 38-revolver and fires a shot at the student. The shot misses the first student, but strikes another student named Cathy, who never saw the shot coming and never knew what hit her. Bob and Cathy sue Marvin for assault and battery. Who can recover for what? Why?

Question 54

A person distributes unsolicited e-mails to large numbers of employees of the company. He does so illegally from the company's e-mail system without consent of the company. Has the distributor committed tort of trespass to personal property?

Question 55

In a conversation, Donna falsely tells Wendy that Paul has Krabbe disease, a rare genetic disorder. Paul wants to sue Donna for defamation, but he's having trouble showing any tangible financial loss. Must Paul prove special damages in order to recover against Donna? Why or why not?

Question 56

_____ to land may be defined as any unauthorized or unprivileged intentional intrusion upon another's real property.

A) Trespass
B) Nuisance
C) Conversion
D) Battery

Question 57

Ingmar wanted to buy Otto's land. Otto did not want to sell. In order to pressure Otto into selling the land, Ingmar brought a private nuisance lawsuit against Otto. In this case, Ingmar has probably committed the tort of:

A) abuse of process.
B) malicious prosecution.
C) defamation.
D) deceit.

Question 58

The Daily Tattler, a supermarket-checkout-counter tabloid, says that a U.S. Senator has fathered fourteen illegitimate children. The statement is false and defamatory. If the Senator sues the Tattler for libel, which fault or culpability standard applies? Why?

Question 59

Which of the following is generally true regarding the tort of conversion?

A) It involves both real property (land and interests in land) and personal property.
B) As its name implies, conversion always involves the transformation of the plaintiff's property into something else-e.g., its destruction, alteration, etc.
C) A defendant who buys or sells stolen property may be liable for conversion even if she does so in good faith and without knowledge of the theft.
D) Conversion involves all interferences with the plaintiff's property rights-whether serious or nonserious.

Question 60

Which of the following draws on the personal property right connected with a person's identity and her exclusive right to control it?

A) Writing a political editorial on a public figure
B) Signing a person's name on a petition that he/she is against
C) Commercially using someone's name
D) Spreading malicious gossip about a well-known person