Académique Documents
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Culture Documents
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.
4.
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.
7.
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.
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.
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.