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1.

A ____________ is a non-trespassory invasion of anothers interest in the private


use and enjoyment of land.
a. trespass to real property
b. nuisance
c. interference with contractual relations
d. fraudulent misrepresentation

2.

A con artist who goes door to door and collects money for a false charity most
likely commits:
a. duress.
b. embezzlement.
c. extortion.
d. false pretenses.

3.

A defamatory communication which is typewritten or printed is referred to as


a. libel.
b. slander.
c. false light.
d. fraudulent misrepresentation.

4.

A nontrespassory invasion of anothers interest in the private use and enjoyment


of land is
a. disparagement.
b. defamation.
c. trespass.
d. nuisance.

5.

A parks his car in front of his house. B pushes As car around the corner. A
subsequently looks for his car but cannot find it for several hours. B is liable to
A for:
a. conversion.
b. trespass to personal property.
c. disparagement.
d. compensatory damages.

6.

A person may employ deadly force to protect his property.


a. True
b. False

7.

A pine tree growing in a forest is


a. personal property.
b. real property.
c. intangible property.
d. converted property.

8.

Al, the bus driver on a cross country Greyhound, kisses Susie, a passenger, while
she sleeps. Al could be sued for battery.
a. True
b. False

9.

Alice was briefly married at the age of 16. She is now 28 years old and plans to
marry Henry in the Spring. Henrys sister found out about Alices first marriage
and then told Henrys parents. Alice now wants to sue Henrys sister for public
disclosure of private facts. Does Alice have a case against Henrys sister?
a. No, because marriage is a public and not a private fact.
b. No, because telling Henrys parents is not sufficient publication for public
disclosure of private facts.
c. No, because the statement is true.
d. No, because marriage is a public and not a private fact, and because telling
Henrys parents is not sufficient publication.

10. Andrew noticed Michael and his pregnant wife Catherine walking down the
street and intentionally drove his car into Michael as a joke. Michael wasnt
injured, but his wife suffered severe mental distress and needed to be
hospitalized for stress.
a. Andrew has no liability to Catherine, because he has not committed a tort
against her.
b. Andrew has committed the tort of battery against Catherine.
c. Andrew has committed the tort of battery against Michael but has
committed no tort against Catherine.
d. Andrew has committed the tort of intentional infliction of emotional
distress against Catherine.
11. Anita included Bobs name and photograph in a list of the FBIs top ten
criminals. Bob has never been convicted of any crime and is horrified by the
thought of being thought a criminal.
a. This is defamation.
b. This is intrusion.
c. This is nuisance.
d. This could be either defamation or false light.
12. Arthur Author wrote a defamatory letter regarding Bill Baker which he mailed to
Bill, but which he did not show to anyone else.
a. Arthur has committed the tort of slander.
b. Arthur has committed the tort of libel.
c. Arthur has committed neither libel nor slander, because there has been
no publication of the letter.
d. Arthur has committed the tort of false light.

13. Arthur Author wrote a defamatory letter regarding Bill Baker which he did not
show to anyone, but which he posted on a bulletin board in the laundromat.
a. Arthur has committed the tort of slander.
b. Arthur has committed the tort of libel.
c. Arthur has committed neither libel nor slander, because there has been no
publication of the letter.
d. Arthur has committed the tort of false light.
14. Arthur doesnt like Bradley, so he writes untrue rumors about his personal
lifestyle and sexual practices which harm Bradleys reputation in the community.
a. Arthur is guilty of libel.
b. Arthur is guilty of defamation.
c. Arthur is guilty of slander.
d. Arthur is guilty of both defamation and libel.
15. 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.
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.
16. As used in tort law, ____________ does not require a hostile or evil motive but
rather denotes that the actor desires to cause the consequences of his act.
a. battery
b. intent
c. assault
d. defamation
17. As with intrusion, the tort regarding public disclosure of private facts applies to
private, not public information regarding an individual, but unlike intrusion it
requires ____________.
a. publicity
b. intent
c. malice
d. disregard
18. Big Bucks, Inc. fires one of its employees and then, when asked for a reference
on him makes some untrue statements which prevent him from finding a job.
Big Bucks is liable for defamation.
a. True
b. False
19. Bodily contact that is harmful or offensive can give rise to the tort of:
a. assault.
b. battery.
c. defamation.

d.

appropriation.

20. Carl Criminal threw a bomb into the office of his insurance agent intending to
kill the agent because the company had disallowed his claim. The agent wasnt
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. The intent to harm the agent is transferred to the secretary who can sue
Carl for her injuries.
c. Carl has committed a crime, but he is not liable for any torts.
d. Carl has committed the tort of intrusion.
21. Carolyn takes Steves car to the store with his permission. While there, she
meets a group of her friends who were on their way to the beach. She leaves
Steves car at the store and goes away for the entire day. If Steve successfully
sues Carolyn for trespass, he will:
a. recover the value of the car.
b. recover the value of the time he did not have use of the car.
c. recover the cars original price.
d. only recover the car.
22. Claudias baby daughter Carolyn is snatched from her arms at the grocery store.
The kidnapper threatened to drop the baby if the store did not hand over the
contents of the vault. Claudia may:
a. trip the kidnapper because she is limited to non-life threatening force.
b. shoot the kidnapper since she can protect the baby in the same way as
herself.
c. not seriously harm the kidnapper since she is not in danger.
d. only call the police since she cannot take the law into her own hands.
23. Cliffs former roommate tells Cliffs girlfriend that he and Cliff smoked
marijuana when they were roommates. Assuming the statement is true, Cliff can
successfully sue for:
a. defamation.
b. slander.
c. false light.
d. public disclosure of private facts.
24. Clyde points a toy gun at his next door neighbor and threatens to shoot. If the
neighbor brings suit for assault:
a. he will lose because only a toy was involved.
b. he will lose because Clyde never fired the gun.
c. he will win if he can show Clyde thought the gun was real.
d. he will win if he can show that he reasonably believed the gun to be real.

25. Complete defense in a defamation suit would result from:


a. lack of motive or intent.
b. conditions without probable cause.
c. truth
d. lack of malice.
26. Conversion is a civil form of larceny or theft.
a. True
b. False
27. Defense of property allows
a. reasonable force including deadly force.
b. reasonable force but not including deadly force.
c. no force.
28. Defenses to intentional torts include:
a. self-defense and consent.
b. defense of others and consent.
c. self-defense and defense of property.
d. all of the above are valid defenses.
29. Disparagement differs from defamation in that defamation pertains to personal
reputation, whereas disparagement pertains to business interests.
a. True
b. False
30. Handwritten, typewritten, printed, or pictorial defamation is:
a. false light.
b. libel.
c. slander.
d. disparagement.
31. Harms or injuries that are tortuous may be inflicted:
a. intentionally.
b. negligently.
c. without fault.
d. in all of the above ways.
32. How far down does a landowner own the land?
a. 20 feet
b. To the center of the earth
c. As far down as he/she can reasonably use
d. Only the surface unless he/she has a separate deed for the mineral rights
33. If a licensee remains upon land after his invitation has expired, he becomes
a. a trespasser.
b. a criminal.
c. an invitee.
d. a squatter.

34. If a publication prints defamatory material concerning a public figure, the


individual may recover compensatory damages if he can show:
a. actual malice.
b. negligence.
c. strict liability.
d. constitutional privilege.
35. In order to sue for battery, a plaintiff must prove that he or she has received a
physical injury.
a. True
b. False
36. In order to support a finding that the defendants negligence was the proximate
cause of the plaintiffs injury, it is first necessary that the defendants conduct
was:
a. the actual cause of the injury.
b. a negligent act.
c. intended to harm the plaintiff.
d. the cause of harm to the plaintiff.
37. Incompetent individuals are:
a. generally held liable for their torts.
b. generally not held liable for their torts.
c. generally held liable if they are over 18 years of age.
d. generally held liable only if the tort is also a crime.
38. Intentional conduct by one person directed at another that places the other in
apprehension of immediate bodily harm or offensive contact is called
a. battery.
b. assault.
c. false imprisonment.
d. infliction of emotional distress.
39. Intentional infliction of emotional distress will protect a person from abusive
language and rudeness.
a. True
b. False
40. Intentional interference with property does not include:
a. conversion.
b. nuisance.
c. trespass to real property.
d. intrusion.
41. Intentional torts that involve interference with personal rights include:
a. battery and assault.
b. false imprisonment and malicious prosecution.
c. defamation and invasion of privacy.
d. all of the above.

42. Invasion of privacy consists of:


a. appropriation.
b. intrusion.
c. public disclosure of private facts.
d. all of the above are invasion of privacy.
43. Mark gave the keys to his apartment to his friend Jack so Jack could sleep after
an all-night study session. When Jack walked in, Marks roommate, Sam, was
standing behind the door in the dark holding a baseball bat over his head. Jack
flicked on the light and Sam saw it was Jack, so he lowered the bat before Jack
noticed him.
a. Jack is guilty of assault.
b. Sam is guilty of assault.
c. Both Sam and Jack are guilty of assault.
d. Neither Jack nor Sam is guilty of assault.
44. Mary does not want her movie-star cousin Cindy to attend a school dance; Mary
phones Cindy and tells her that if she leaves her house on the night of the dance,
Mary will send a letter to the dean in which shell accuse Cindy of being an ax
murderess. Cindy, although she knows the accusation is false, is afraid of
expulsion from the chess club and very reluctantly remains home and misses the
dance. Mary has committed the tort of:
a. libel.
b. slander.
c. false imprisonment.
d. none of the above.
45. Marys 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 Mary 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.
46. Marys defense to Cindys suit if Cindy is an ax murderess is:
a. familial privilege.
b. the statement was made without malice.
c. truth.
d. that the dean never published the letter.
47. Marys friend, Cindy, is a movie star and in order to maintain a defamation
action, she will probably have to prove the additional element of:
a. false imprisonment.
b. truth.
c. infliction of emotional distress.
d. malice.

48. On December 2, the Houston Oilers were playing the Pittsburgh Steelers. On a
particular play, the Pittsburgh defensive end who was rather frustrated because
Manning, the quarterback, had completed passes for 450 yards, grabbed Manning
by the faceguard, jerked Mannings helmet off and hit Manning over the head
with it. Manning filed suit against the Pittsburgh defensive end. The Pittsburgh
defensive end contends that he has a valid defense to this tort in that Manning
consented to participate in the game. Which of the following most accurately
represents the status of that defense?
a. This is a valid defense.
b. The defense is not valid because football is a rough game.
c. The defense is not valid because football involves tackling and bodily
contact and the most that could be derived from this would be a 15-yard
penalty.
d. The consent is not valid because of the intentional actions of the
Pittsburgh end.
49. One of the newer types of wrongdoing recognized as tortuous and imposing
liability upon the wrongdoer for money damages is that of:
a. defamation.
b. appropriation.
c. intentional infliction of emotional distress.
d. interference with contractual relations.
50. One who publishes a false statement that results in harm to anothers monetary
interest, and the publisher knows the statement is false, is guilty of
a. intrusion.
b. defamation.
c. disparagement.
d. libel.
51. One who speaks a false statement to a third person that results in harm to
anothers monetary interest, and the speaker knows the statement is false, is
guilty of
a. slander.
b. defamation.
c. disparagement.
d. libel.
52. Sarah Student joined a religious cult while a student at Ivory Towers State
University. Her father hired a deprogrammer who spent several weeks with her
during which they occasionally went on outings. After Sarah met with her
boyfriend one weekend, she rejoined the cult and sued her father and the
deprogrammer for false imprisonment.
a. Sarah will win because this is clearly false imprisonment.
b. Sarah will lose because she had a reasonable means of escaping and
voluntarily consented to the confinement.
c. Sarah has committed the tort of malicious prosecution.
d. Sarahs parents are guilty of intrusion but not of false imprisonment.

53. The Crackle Breakfast Food Company puts Arthur Attorneys picture on the
Crackle box without first getting Arthurs permission. Arthur can sue for
appropriation.
a. True
b. False
54. The following is the intentional and improper interference with the performance
of a contract by inducing one of the parties not to perform it.
a. breach
b. fraudulent misrepresentation
c. disparagement
d. interference with contractual relations
55. The Hometown News snapped a picture of Tim Teenager as he was sleeping
under a tree in the park on a warm spring day. They printed the picture on the
front page of the paper. Headline read Local citizen enjoys summer weather on
lunch break.
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.
56. The intentional control or dominion of anothers personal property to the extent
that the owner can not use it for a long period of time is the tort of:
a. nuisance.
b. conversion.
c. appropriation.
d. larceny.
57. 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.
58. The intentional exercise of dominion or control over anothers personal property
which so seriously interferes with the others right of control as to justly require
the payment of full value for the property is:
a. trespass to personal property.
b. interference with economic interests.
c. conversion.
d. fraudulent misrepresentation.

59. The invasion of a persons right to privacy consists of four distinct torts, which of
the following does not constitute such a tort?
a. Appropriation of a persons name or likeness
b. Unreasonable publicity which places another in a false light in the public
eye
c. Unreasonable intrusion upon the seclusion of another
d. Publicity, which deals with statements made by Congress on the floor of
Congress
60. The owner of the bottom of a lake located in Jacksonville, Florida, which has no
stream flowing either into or out of it is
a. the State of Florida.
b. the City of Jacksonville.
c. no one.
d. the individual(s) who own the land surrounding the lake.
61. The publication of a knowingly false statement that results in harm to anothers
economic or monetary interests is
a. nuisance.
b. conversion.
c. interference with contractual relations.
d. disparagement.
62. The same act can be both a tort and a crime.
a. True
b. False
63. The tort of ____________ is a false communication which is given to one person
other than the person who is the subject of the communication which injures a
persons 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
64. The tort of conversion
a. includes the intentional destruction of personal property.
b. includes the use of personal property in an unauthorized manner.
c. entitles the possessor to recover the full value of the converted property.
d. all of the above.
65. The unauthorized use of anothers name or likeness for ones own benefit:
a. intrusion.
b. appropriation.
c. public disclosure of private facts.
d. false light.

66. There is a ____________ privilege to comment regarding public officials or


public figures so long as it is done without malice.
a. Fourth Amendment
b. First Amendment
c. conditional
d. absolute
67. Tim and Steve are roughhousing in the front yard of Tims parents when Steve
intentionally pushes Tim onto the neighbors property.
a. Tim is a trespasser.
b. Steve is a trespasser.
c. Tim and Steve both are trespassers.
d. None of the above.
68. Tim Teenager has the permission of Harold Homeowner to walk across his yard
on the way to school. Tim now brings twenty of his friends across the yard, and
they stop to play ball.
a. Tim is not guilty of trespass to real property, because he had Harolds
permission to cross the yard.
b. Tims friends are not guilty of trespass to real property, because they were
with Tim.
c. Tim is guilty of trespass to real property, because he walked across the yard.
d. Tim and his friends are guilty of trespass to real property, because they
played ball in Harolds yard.
69. Timothy Teenager and his friend are playing catch in the backyard when Tim
suddenly throws the ball over the fence into the neighbors yard where it breaks
the window. This is trespass to real property even if Tim himself does not go
onto the property to get the ball.
a. True
b. False
70. To have the tort of false light, you must show that the information communicated
was
a. true, and communicated to many people.
b. false, and communicated to many people.
c. true, and communicated to a minimum of one other person.
d. false, and communicated to a minimum of one other person.
71. Tort law is primarily common law.
a. True
b. False
72. 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.

73. Viewing the private papers or emails of another person without permission is an
example of
a. intrusion.
b. public disclosure of private facts.
c. false light.
d. appropriation.
e. defamation.
74. Which of the following can be raised as a defense to a claim of defamation?
a. That the statement was true
b. That there was a constitutional privilege to comment about the plaintiff and
that the statement was made without malice
c. That there was a conditional privilege to comment on the matter alleged to
be defamatory
d. All of the above
75. Which of the following is a defense to an intentional tort?
a. Consent
b. Self-defense
c. Defense of property
d. All of the above
76. Which of the following is an example of personal property?
a. Coal in the ground
b. Fruit on a tree
c. Growing pine trees
d. A board built into the wall of a house
77. Which of the following is not a component of a tort?
a. Proximate cause
b. Breach of duty
c. Restitution
d. Duty
78. Which of the following is not a privilege?
a. Absolute
b. Federal
c. Constitutional
d. Conditional
79. Which of the following is not a type of defense to defamation?
a. constitutional privilege.
b. subjective privilege.
c. conditional privilege.
d. absolute privilege.

80. Which of the following is not an invasion of a persons right to privacy?


a. appropriation
b. unreasonable public disclosure of private facts
c. defamation
d. false light
81. Which of the following is not characterized by publication?
a. False Light
b. Appropriation
c. Public Disclosure of Private Facts
d. Defamation
82. Which of the following places another in apprehension of immediate bodily
harm?
a. infliction of emotional distress
b. false imprisonment
c. battery
d. assault
83. Which of the following requires communication to but one person other than the
person who is the subject of the communication to be a tort?
a. public disclosure of private facts
b. defamation
c. false light
d. intrusion
84. 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
85. While having lunch in the cafeteria, Sid notices his best friend being picked on
by the class bully, Neal. Sid picks up a handy stick, sneaks up behind Neal and
knocks him unconscious. Most likely Sid has committed the tort of:
a. assault only.
b. assault and battery.
c. battery only.
d. defamation only.
86. While having something to eat for lunch in the cafeteria, Neal sees Sid in a
mirror, but he is unable to escape the blow. Most likely Sid has committed the
tort of:
a. assault only.
b. battery only.
c. defamation only.
d. assault and battery.

87. Who owns the rivers and streams of Florida?


a. The landowners on either side of the stream own to the middle.
b. No one, but the landowners on either side own the land under the stream to
the middle.
c. The State of Florida.
d. The U.S. government.

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