Question 1

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

Accepted Answer

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

Question 2

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

Accepted Answer

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

Question 3

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

Accepted Answer

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

Question 4

Which of the following is slander rather than libel?

Accepted Answer

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

Question 5

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:

Accepted Answer

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

Question 6

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

Accepted Answer

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 7

In general, liability for defamation requires:

Accepted Answer

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 8

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

Accepted Answer

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

Question 9

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

Accepted Answer

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 10

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

Accepted Answer

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 11

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?

Accepted Answer

Bob can recover for assault and Cathy fo...

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

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

Accepted Answer

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 14

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

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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?

Accepted Answer

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 17

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

Accepted Answer

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

Question 18

In an assault case, it is irrelevant:

Accepted Answer

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 19

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.

Accepted Answer

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 20

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

Accepted Answer

A) True 
 B)False

Exam 6: Intentional Torts

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

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

Correct Answer
verified

Correct Answer
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Bob can recover for assault and Cathy fo...
View Answer

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

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

In an assault case, it is irrelevant:

Correct Answer
verified

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

Correct Answer
verified

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:

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

In general, liability for defamation requires:

Correct Answer
verified

Which of the following is slander rather than libel?

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

Exam 6: Intentional Torts

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedBob can recover for assault and Cathy fo...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In an assault case, it is irrelevant:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In general, liability for defamation requires:

Correct AnswerverifiedShow Answer

Which of the following is slander rather than libel?

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
verified
Bob can recover for assault and Cathy fo...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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