Deck 8: Tort Law

Question 1

Which of the following are common classifications of torts?

A) Intentional, negligent, and criminal.
B) Intentional, criminal, and strict liability.
C) Intentional, negligent, and strict liability.
D) Criminal, negligent, and strict liability.
E) Administrative, civil, and criminal.

Answer 1

Intentional, negligent, and strict liability.

Question 2

Consent, if proven, is a defense to battery.

Answer 2

True

Question 3

When it comes to assault, apprehension and fear are considered as the same thing.

Answer 3

False

Question 4

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.

Question 5

Which of the following is true of the term "tort"?

A) It is a French word meaning "wrong."
B) It is a German word meaning "mistake."
C) It is a Latin word meaning "misfeasance."
D) It is an English word meaning "negligence."
E) It is a civil law term meaning "liability."

Question 6

The use of moral pressure is insufficient to establish false imprisonment.

Question 7

_____ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm.

A) Criminal
B) Liability
C) Intentional
D) Negligent
E) Strict-liability

Question 8

________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.

A) Criminal
B) Liability
C) Intentional
D) Negligent
E) Strict-liability

Question 9

Tort law is primarily state law.

Question 10

Which of the following is true regarding tort litigation?

A) Tort litigation has been declining gradually since 1990.
B) Tort litigation has increased steadily since 1990.
C) Tort litigation has remained constant with no real change in numbers since 1990.
D) Tort litigation increased significantly in the 1990s but has declined in the last two years.
E) Tort litigation decreased in the 1990's but has increased steadily since the year 2000.

Question 11

Which of the following is a tort?

A) A civil or criminal action in state court.
B) A civil or criminal action in state court or federal court.
C) A breach of contract.
D) A wrong or injury to another, other than a breach of contract.
E) A wrong or injury to another, including a breach of contract.

Question 12

Which of the following is true regarding the intent needed for an intentional tort?

A) The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another.
B) The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical injury to another. Economic injury is insufficient.
C) The intent at issue is intent to harm that results in an injury, physical or economic, to another.
D) The intent at issue is intent to harm that results in physical injury to another. Economic injury is insufficient.
E) The intent at issue is not intent to harm and is not intent to engage in a specific act. Instead, negligence will suffice.

Question 13

In China, defamation can be a civil or criminal action.

Question 14

Defense of property cannot be a defense to a claim of battery.

Question 15

Privilege is an affirmative defense in a defamation action.

Question 16

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.

Question 17

A(n) _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.

A) Battery
B) Assault
C) Assault and battery
D) Negligence
E) Strict responsibility

Question 18

If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.

Question 19

_________ torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result.

A) Criminal
B) Liability
C) Intentional
D) Negligent
E) Strict-liability

Question 20

What did the court rule in regard to the plaintiff's claim of intentional infliction of emotional distress in Olson v. CenturyLink, the case in the text in which the plaintiff alleged that representatives of the defendant, a provider of telephone services, wrongly failed to process his application, disconnected his telephone service, and hung up on him during telephone conversations?

A) That the conduct complained of by the plaintiff failed to meet the level of conduct required for a finding of the intentional infliction of emotional distress.
B) That the plaintiff's complaint regarding the disconnection of his telephone service was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
C) That the plaintiff's complaint regarding the refusal to process his application was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
D) That the plaintiff's complaint regarding representatives hanging up on him were sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
E) That the plaintiff would be allowed to proceed as to all allegations because they were all adequate to support a verdict based on the intentional infliction of emotional distress.

Question 21

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______.

A) with actual malice
B) negligently
C) in print
D) publicly
E) to an employer

Question 22

Which of the following would constitute false imprisonment?

A) Threatening to use immediate physical force to detain someone; refusing to release property; and physical restraint, such as tying someone to a chair; but not moral pressure.
B) Threatening to use immediate physical force to detain someone; physical restraint, such as tying someone to a chair; and moral pressure; but not refusing to release property.
C) Physical restraint, such as tying someone to a chair, but not threatening to use immediate physical force to detain someone, refusing to release property, or moral pressure.
D) Threatening to use immediate physical force to detain someone; refusing to release property; physical restraint, such as tying someone to a chair; and moral pressure.
E) Physical restraint and threatening to use immediate physical force, but not refusing to release property or moral pressure.

Question 23

Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation?

A) Politicians, but not entertainers, are generally considered to be public figures.
B) Entertainers, but not politicians, are generally considered to be public figures.
C) Small business owners and politicians, but not entertainers, are generally considered to be public figures.
D) Politicians and entertainers, but not small business owners, are generally considered to be public figures.
E) Small business owners, but not politicians or entertainers, are generally considered to be public figures.

Question 24

Which of the following would constitute the privacy tort of false light?

A) Attributing characteristics or beliefs to a person that he or she does not possess.
B) Disclosing private facts about a person in order to obtain some sort of personal gain.
C) Defaming a person with actual malice.
D) Defaming a public figure.
E) Defaming a public figure for personal gain.

Question 25

Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true?

A) Robby's conduct constitutes a battery.
B) Robby's conduct constitutes an assault.
C) Robby's conduct constitutes both a battery and an assault.
D) Robby's conduct does not constitute an assault because there is no question of immediate bodily harm.
E) Robby's conduct does not constitute an assault because there was no physical contact.

Question 26

Which of the following was the result in Thomas P. Lamb v. Tony Rizzo, the case in the text in which the defending newspaper reporter claimed that he could not be held liable to the plaintiff for making alleged defamatory statements because the plaintiff's reputation as a kidnapper and murderer serving three life sentences was so bad that his reputation could not be further harmed?

A) The court allowed the lawsuit to proceed ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to a defamation lawsuit.
B) The court allowed the lawsuit to proceed ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to the lawsuit involved, an action for libel, although the plaintiff's reputation would likely have barred an action for slander.
C) The court allowed the lawsuit to proceed ruling that whether the plaintiff already had a bad reputation was irrelevant in relation to the lawsuit involved, an action for slander, although the plaintiff's reputation would likely have barred an action for libel.
D) The court dismissed the lawsuit recognizing that the facts fit within the jurisdiction's description of when the libel-proof doctrine might apply based upon the plaintiff's already bad reputation.
E) The court dismissed the lawsuit on the basis that the statements were not false but also recognized that the only proof justifying application of the libel-proof doctrine is proof that a defendant has been sentenced to death.

Question 27

Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?

A) The Internet Communications Act of 2000.
B) The Interactive Computer Services Protection Act of 2004.
C) The Communications Decency Act of 1996.
D) The Internet Communications Protection Act of 1998.
E) The Blog Protection Act of 2001.

Question 28

Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom?

A) Only that the statements were true.
B) Only that the statements were made in Parliament.
C) Only that the statements were made in court.
D) That the statements were made in Parliament or court.
E) That the statements were true, that the statements were made in Parliament, or that the statements were made in court.

Question 29

Which of the following torts seek to compensate people wrongfully subjected to litigation?

A) Malicious prosecution, wrongful civil proceedings, and abuse of process.
B) Wrongful civil proceedings but not malicious prosecution or abuse of process.
C) Abuse of process but not malicious prosecution or wrongful civil proceedings.
D) Malicious prosecution and wrongful civil proceedings, but not abuse of process.
E) Malicious prosecution and abuse of process but not wrongful civil proceedings.

Question 30

Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?

A) Forcible detention.
B) False imprisonment.
C) Qualified imprisonment.
D) Contained detention.
E) False detention.

Question 31

Jane is unhappy with her neighbor, Sam, because Sam will not allow her to swim in his swimming pool. She tells him that unless he lets her swim in the pool, she will bring an action against him for nuisance because he plays his stereo late at night at times. While the stereo does not bother Jane because she is up late anyway, she thinks that will encourage Sam to let her swim in the pool. Sam, however, continues to refuse to allow Jane to swim in his pool, and Jane proceeds to sue Sam for nuisance. Which of the following is true?

A) Jane is completely within her rights and has done nothing wrong because Sam really is playing the stereo late at night.
B) Sam can sue Jane for malicious prosecution and win only if he wins the nuisance action.
C) Sam can sue Jane for abuse of process and win only if he wins the nuisance action.
D) Sam can sue Jane for malicious prosecution and win regardless of whether or not he wins the nuisance action.
E) Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance action.

Question 32

Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true?

A) Annie has committed defamation of the college president in the form of slander.
B) Annie has committed defamation of the college president in the form of libel.
C) Annie has appropriated for commercial gain the photograph which constitutes an invasion of privacy.
D) Annie has committed both defamation and invasion of privacy toward the college president.
E) Annie has not committed any tort.

Question 33

Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed?

A) Negligent infliction of emotional distress.
B) Intentional infliction of strict-liability distress.
C) Intentional infliction of emotional distress.
D) Reckless invasion of solitude.
E) Psychological infliction of distress.

Question 34

When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.

A) Simple
B) Complex
C) Defamation
D) Absolute
E) Compounded

Question 35

Which of the following may a person accused of defamation raise as a defense?

A) Truth but not privilege.
B) Privilege but not truth.
C) Need and truth.
D) Need, truth and privilege.
E) Truth and privilege.

Question 36

Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions?

A) Ben has committed a battery.
B) Ben has committed both an assault and a battery.
C) Ben has not committed an assault or a battery because he acted in self-defense.
D) Ben cannot rely on self-defense because he was involved in the argument and not completely innocent.
E) Ben cannot rely upon self-defense because his life was not in danger.

Question 37

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?

A) There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called.
B) When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time.
C) Whenever a retailer has a reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police.
D) The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police.
E) The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive.

Question 38

Which of the following is true regarding the apprehension necessary for the tort of assault?

A) Apprehension and fear are the same thing.
B) A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm.
C) Actual injury is necessary for valid apprehension to be proven.
D) The test for assault involves subjective apprehension, not reasonable apprehension.
E) There is no requirement that the apprehension be of immediate physical contact.

Question 39

Bill decides to install two-way mirrors in the dressing room of his ladies' clothing store. He has a habit of watching ladies while they try on clothing. Which of the following has Bill committed?

A) Intrusion on an individual's affairs or seclusion.
B) Assault.
C) Public disclosure of private facts.
D) False light invasion of property.
E) Commercial appropriation.

Question 40

Which of the following is true regarding awards of punitive damages in the U.S.?

A) It is not always easy to predict what a court will do in any given case.
B) Punitive damages may not be awarded in excess of $3 million dollars.
C) A ratio of punitive damages to compensatory damages greater than 9 to 1 violates due process.
D) The Supreme Court ruled that the issue of punitive damages is for the jury and will not be disturbed on appeal regardless of the ratio of punitive damages to compensatory damages.
E) Awards of punitive damages in the U.S. are very similar to awards of punitive damages under the Canadian judicial system.

Question 41

Which of the following is defamation of a business product or service?

A) Disparagement.
B) Interference with a contract.
C) Conversion.
D) Derogation.
E) Abuse of title.

Question 42

"Hair Stylist Woes." Maryann, a college student, went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but that there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked and she could do no more business.

-As far as the statements made to her friends are concerned, which of the following is true in regards to Maryann's statement that Candy cannot recover because Candy has not suffered a loss of income?

A) Maryann is correct.
B) Maryann is correct only if she can show that she did not intend to cause Candy loss of income.
C) Maryann is incorrect because her statements constituted slander per se.
D) Maryann is incorrect because general damages will be presumed.
E) Maryann is incorrect but only because Candy cannot establish liable per se.

Question 43

Which of the following is not a typical type of compensatory damage?

A) Pain and suffering.
B) Cost to repair damaged property.
C) Medical expenses.
D) Lost wages.
E) Damages to punish the defendant for wrongdoing.

Question 44

Bob, who has a large trust fund, is angry at Alice because she stopped dating him. Alice ran a successful dog grooming shop but Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break up. Which of the following is correct?

A) Bob has committed the tort of unfair competition.
B) Bob has committed the tort of interference with contract.
C) Bob has committed the tort of unfair competition and also the tort of interference with contract.
D) Bob has committed the tort of disparagement.
E) Bob has not committed any tort.

Question 45

Under which of the following situations does the tort of trespass to realty occur?

A) When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; stays on the land of another when the owner tells him to depart; or refuses to remove something he placed on the property that the owner of the property asked him remove.
B) When a person intentionally causes an object to be placed on the land of another without the landowner's permission; refuses to remove something he placed on the property that the owner of the property asked him remove; or intentionally enters the land of another without permission; but not when a person stays on the land of another when the owner tells him to depart.
C) When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; or stays on the land of another when the owner tells him to depart; but not when a person refuses to remove something he placed on the property that the owner of the property asked him remove.
D) When a person intentionally enters the land of another without permission; or stays on the land of another when the owner tells him to depart; but not when a person causes an object to be placed on the land of another without the landowner's permission or when a person refuses to remove something he placed on the property that the owner of the property asked him remove.
E) A person does not commit trespass to realty unless it can be established that the person himself or herself initially entered the land of another without permission.

Question 46

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

A) Nominal
B) Compensatory
C) Punitive
D) Retaliatory
E) Revenge

Question 47

"Pet Police." Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back.

-Millie's threat to punch Bernard in the nose and her action in raising back her arm in support constitute a[n] _______________.

A) Assault and battery
B) Battery
C) Assault
D) Justified retribution
E) Negligence

Question 48

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as _______.

A) Slander of quality
B) Trade libel
C) Libel of title
D) Slander of title
E) Libel of sale

Question 49

"Hair Stylist Woes." Maryann, a college student, went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but that there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked and she could do no more business.

-As far as the editorial is concerned, which of the following is true in regards to Maryann's statement that Candy cannot recover because she cannot show loss of income?

A) Maryann is correct.
B) Maryann is correct only if she can establish that she did not intend to cause economic loss to Candy.
C) Maryann is incorrect because her actions would be considered liable per se.
D) Maryann is incorrect because general damages would be presumed.
E) Maryann is incorrect because Candy has proven special damages.

Question 50

"Hair Stylist Woes." Maryann, a college student, went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but that there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked and she could do no more business.

-The defamation printed in the school newspaper would be which of the following?

A) Libel but not slander.
B) Slander but not libel.
C) Libel and slander.
D) No tort was committed because an editorial, not a formal news report, was involved.
E) No tort was committed because the falsehood involved matters of appearance, not business-related matters.

Question 51

"Hair Stylist Woes." Maryann, a college student, went to see her hair stylist, Candy. Maryann who had black, curly hair, requested straight, blond hair. Candy told her that she could make that change, but that there would be significant upkeep involved. Candy made the change, but Maryann did not do the upkeep required. She also falsely claimed that Candy did not do what Maryann asked her to do, that Candy lied to her, and that Candy was professionally incompetent. Maryann made the statements to friends of hers. She also wrote an editorial in her college newspaper to the effect that Candy's shop should be avoided at all costs because Candy was incompetent. In fact, Candy was a good hair stylist and enjoyed a good reputation up until the time that Maryann started her criticism. Candy threatened to sue Maryann for defamation, but Maryann told Candy that Candy could not prevail because Candy could not prove loss of income. Candy had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked and she could do no more business.

-Statements made by Maryann to her friends that were defamatory of Candy are what type of defamation?

A) Libel but not slander.
B) Slander but not libel.
C) Both libel and slander.
D) No tort was committed because the statements were made only to friends of Maryann, not to business acquaintances of Candy.
E) No tort was committed because the falsehood involved matters of appearance not business-related matters.

Question 52

The primary type of damages in tort law is referred to as _____.

A) Punitive damages
B) Compensatory damages
C) Nominal damages
D) Accrual damages
E) Perspective damages

Question 53

"Pet Police." Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back.

-Considering Bernard's shoving of Millie in the back, which of the following is true?

A) By shoving her in the back, Bernard committed a battery.
B) By shoving her in the back, Bernard committed a battery and an assault.
C) By shoving her in the back, Bernard committed an assault.
D) Bernard did not commit any torts because he did not actually physically harm Millie.
E) Bernard did not commit any torts because he can rely on the self-defense theory.

Question 54

A person who commits a tort is often referred to as a ___________.

A) Tortfeasor
B) Guiltfeasor
C) Criminal
D) Runaway defendant
E) Nominal defendant

Question 55

"Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music.

-Which of the following would be the most appropriate cause of action, if any, against Annette based upon the farm animals and the music?

A) Trespass to property.
B) Harassment.
C) Private nuisance.
D) Negligence.
E) No cause of action is appropriate because Annette is entitled to use her property as she sees fit.

Question 56

"Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music.

-What claim would William have against Annette for taking the lawn chair?

A) Trespass to property.
B) Conversion.
C) Private nuisance.
D) Negligence.
E) Harassment.

Question 57

"Pet Police." Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back.

-Which of the following is true regarding Sally's actions toward Millie?

A) Sally committed an assault.
B) Sally committed a battery.
C) Sally committed both an assault and a battery.
D) Sally did not commit any offense because she did not actually hurt Millie.
E) Sally did not commit any offense because she was acting in the defense of Bernard.

Question 58

"Pet Police." Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back.

-Millie's action in jabbing Bernard after she missed his nose, constitutes which of the following?

A) Battery.
B) Nothing because the conduct would not be deemed offensive.
C) Nothing because she missed the nose, and Bernard was not actually hurt.
D) Nothing because by entering Millie's yard, Bernard consented to any offensive touching.
E) Nothing because Bernard deserved what he got.

Question 59

___________ damages are damages awarded to punish the defendant and to deter others from similar conduct.

A) Nominal
B) Compensatory
C) Punitive
D) Retaliatory
E) Revenge

Question 60

"Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music.

-What action would William have against Annette for taking the rake?

A) Trespass to property.
B) Conversion.
C) Private nuisance.
D) Negligence.
E) Harassment.

Question 61

Discuss what is needed in order to establish damages in defamation actions. Address whether special proof is needed and, if so, under what circumstances.

Question 62

List and explain the four different types of privacy torts.

Question 63

Explain the fair report privilege in relation to defamation and list the conditions required for it to apply.

Question 64

Explain the concept of absolute privilege in the context of defamation and set forth the two situations listed in the text in which it is applied. Discuss whether you believe each category of absolute privileges should be eliminated.

Question 65

Susie Starr, a highly successful movie star in both the United States and the United Kingdom is concerned because a tabloid based in the United States with distribution in both the United States and the United Kingdom falsely claimed that she has a problem with alcohol and had an affair with best friend's husband. She is considering a lawsuit for defamation. She asked you whether it would be easier to win the case in the United States or in the United Kingdom. What would you tell her and why? How does the defamation law of the United Kingdom differ from that of the U.S.? Also discuss whether Susie has an option to sue in the United Kingdom since the tabloid is published in the United States.

Question 66

List the three objectives of tort law and discuss whether you believe that additional tort reform should occur.