Deck 6: Intentional Torts

Question 1

The use of force to drive away a person's customers or employees constitutes the tort of disparagement.

Answer 1

False

Question 2

Which of the following is a correct statement regarding the tort of assault?

A) Assault is putting another in apprehension of an eventual threat to his or her physical safety.
B) The tort of assault is designed to protect people from threats of battery.
C) Contact is necessary.
D) Most courts say that "mere words are enough" for assault.

Answer 2

B
Explanation: The tort of assault is designed to protect people from threats of battery. Assault is putting another in apprehension of an imminent (immediate) threat to his or her physical safety. No contact is necessary. Assault focuses on the well-grounded apprehension in the mind of the plaintiff. Most courts say that "mere words are not enough" for assault and require some affirmative act, like a threatening gesture by the defendant.

Question 3

Statements that are conditionally privileged can never serve as a basis for a successful defamation lawsuit.

Answer 3

False

Question 4

Torts are private wrongs against persons or property.

Question 5

Libel is oral defamation, while slander is written defamation.

Question 6

A rapist is criminally liable for the crime of rape and is also civilly liable for the torts of assault, battery, false imprisonment, and intentional infliction of emotional distress.

Question 7

Using a person's name or likeness for commercial purposes without that person's consent is a form of invasion of privacy.

Question 8

A defendant's conduct must be outrageous in order to be found guilty of intentional infliction of emotional distress.

Question 9

Torts are _____ wrongs against persons or property.

A) private civil
B) private criminal
C) public civil
D) public criminal

Question 10

_____ are used to punish the defendant and deter the defendant and others from repeating behavior that is particularly offensive.

A) Punitive damages
B) Actual damages
C) Compensatory damages
D) Nominal damages

Question 11

The preponderance of the evidence standard of proof is applied in _____.

A) all criminal cases
B) some criminal cases
C) all civil cases
D) some criminal cases

Question 12

The same behavior may give rise to both tort and criminal liability.

Question 13

Franco takes a shortcut across Simone's yard on his way to school. Even if Simone gives Franco permission to use her yard as a shortcut, Franco has still trespassed on Simone's property.

Question 14

In order to keep Jamila from leaving the house, Sabah locked the front door of her house but forgot to lock the back door. Sabah has falsely imprisoned Jamila.

Question 15

The plaintiff's burden of proof in a tort case is by a preponderance of the evidence. This means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff's side.

Question 16

Truth is not a defense to a defamation action.

Question 17

In recent years the United States Supreme Court has expanded the amounts and circumstances under which punitive damages can be awarded.

Question 18

Persons who are injured by the tortious act of another may file a civil suit for actual damages to compensate them for their injuries.

Question 19

Battery is putting another in apprehension of an imminent threat to his or her physical safety.

Question 20

The plaintiff's burden of proof in a tort case is proof _____.

A) by a preponderance of the evidence
B) beyond reasonable doubt
C) beyond a shadow of a doubt
D) by the compelling weight of the evidence

Question 21

Which of the following statements supports the explanation of libel?

A) Broadcast defamation, which involves both oral and visual impressions, is generally considered to be libel.
B) Damages are presumed in libel cases even if the statement is not defamatory on its face.
C) Oral defamation, causing injury to a person's reputation and causing that person considerable anguish and harm, is considered to be libel.
D) Private statements between spouses may be defamatory and will be considered to be libel.

Question 22

Which of the following is an example of invasion of privacy?

A) A tenant continuing to stay in a house even after the lease period has expired
B) The act of wrongfully selling or mortgaging the goods of another
C) The act of putting an ad in the paper saying that a person does not pay his or her bills
D) A person providing false statements on a seller's ownership of goods offered for sale

Question 23

The tort of false imprisonment protects:

A) the right to life.
B) only the freedom of movement.
C) mental and physical interests.
D) only the freedom from knowledge of confinement.

Question 24

Jean, a restaurant critic, publishes a review in a national daily that the sandwiches served at his friend's deli are usually not fresh. Tom, the owner of the deli, notices a significant decrease in customers after the review gets published. Although the statement made by Jean in his review is true, Tom wants to sue Jean. Can Tom recover from Jean for defamation?

A) Yes, because Jean abused his conditional privilege.
B) No, because Jean has the defense of truth.
C) Yes, because Jean communicated the statement to third persons and defamed Tom.
D) No, because personal finances and disputes cannot be brought to court.

Question 25

Which of the following denotes an injury to a person's reputation?

A) Disparagement
B) Defamation
C) Battery
D) Malice

Question 26

Which of the following statements is true about conversion and trespass to personal property?

A) Trespass to personal property does not require intent, while conversion does.
B) The degree of interference with another's property rights acts as a basis for the difference between the two.
C) Consent act is a defense to conversion but will not be considered as a defense for trespass to personal property.
D) Courts do not consider extent of harm to property as a difference between conversion and trespass.

Question 27

The tort of disparagement:

A) requires proof of actual damage.
B) covers true statements about the personal behavior of persons in business.
C) is identical to the tort of slander.
D) does not include truth as a common defense.

Question 28

Abuse of process requires:

A) that the wrongfully brought suit terminated in the defendant's favor.
B) that there be no probable cause in order for the person wrongfully sued to win.
C) proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed.
D) proof that there was malice involved in the suit and that the wrongful suit ended in the plaintiff's favor.

Question 29

Esther is upset with her roommate Julio because he refuses to clean up after himself. In a fit of rage, Esther tries to hit him on his head but misses. At the time, Julio is turned away from Esther and is completely unaware that she tried to hit him. Under these circumstances, _____.

A) Esther is liable only for battery
B) Esther is liable only for assault
C) Esther is liable neither for battery nor assault
D) Esther is liable for both battery and assault

Question 30

The U.S. Supreme Court requires that actual malice be proved when:

A) public officials sue the media for false and defamatory statements.
B) public officials are found strictly liable for a crime.
C) individuals sue public figures for assault or battery.
D) individuals sue the media for publishing negative statements of their favorite public figures.

Question 31

In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that the:

A) wrongfully brought suit did not terminate in his favor.
B) suit was brought with probable cause.
C) suit was brought for an improper purpose.
D) wrongfully brought suit terminated in the defendant's favor.

Question 32

For a public figure to sue for defamation, the person must prove:

A) actual malice.
B) the facts talked about to be controversial.
C) unintentional tort.
D) negligence.

Question 33

Under the tort of invasion of privacy, _____.

A) some widespread dissemination of information is necessary for liability
B) true, but public, facts about a person can be an invasion of privacy
C) truth is a defense to "publication of private facts"
D) newsworthy items or items of legitimate public interest can be the basis of a successful suit

Question 34

Cybertrespass is commonly considered to be a trespass on:

A) personal property.
B) real property.
C) physical property.
D) real estate.

Question 35

Dr. Reilly is a neurosurgeon. He does an interview in a talk show about his occupation and his field. Dr. Reilly goes on to say how Phil Donrey, a famous natural healer who helps people through his Ayurvedic methods, is bogus and how there is no science or logic behind it. For which of the following reasons can Phil Donrey sue Dr. Reilly?

A) Libel
B) Invasion of privacy
C) Conversion
D) False imprisonment

Question 36

Which of the following is a defense to trespass to personal property?

A) Probable cause
B) Privilege
C) Truth
D) Necessity

Question 37

Conversion is defined as:

A) intrusion on a person's solitude or seclusion and publishing private facts about a person.
B) the unlawful taking of or exercise of control over the personal property of another person.
C) the intentional confinement of a person for an appreciable time without the person's consent.
D) the use of force to drive away a person's customers or employees.

Question 38

Loud Larry is a popular talk show in which the host, Larry, likes to take a confrontational approach to interviewing his guests. Larry is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the course of the interview, Larry attempts to demonstrate the harmless effects of passive smoking by blowing smoke directly at Alice's face even after she resisted. Which of the following is most likely to be true if Alice decides to press charges against Larry?

A) Larry may be liable for battery.
B) Larry will not be liable for battery because he did not touch her body.
C) Larry may be liable for false imprisonment.
D) Larry will be liable for defamation.

Question 39

Seth was shopping at a local music store looking for a CD, when he suddenly remembered that he had an appointment with his math professor. He pulled his calendar out of his backpack only to discover that he was late for the appointment. Seth quickly put the calendar back into his backpack and hurried out of the store. As he made his exit from the store, a security guard asked Seth to accompany him to an office at the back of the store to which he consented. Once there, in private, the guard quickly searched Seth and his backpack thinking him to be a shoplifter, but found nothing. The whole incident took less than three minutes. Which of the following is most likely to be true regarding this incident?

A) Seth has enough evidence against the store to sue them for defamation.
B) Seth has enough evidence against the store to sue them for false imprisonment, emotional distress, and battery.
C) If the store belongs to a state that allows conditional privilege to store owners, the store can stop persons it feels are shoplifting.
D) The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable for punitive damages.

Question 40

Which of the following statements can be conditionally privileged in defamation suits?

A) Statements by members of Congress on the floor of Congress
B) Statements made in the furtherance of legitimate business interests
C) Statements by participants in judicial proceedings
D) Private statements between spouses

Question 41

A common defense to the tort of interference with contract is:

A) lack of capacity.
B) privilege.
C) probable cause.
D) inducing a breach of contract.

Question 42

Claire is a widow who lives alone. She purchased a home theatre system from GreenEye Tech Supplies but failed to make her payments. People at GreenEye responded to this by calling her up repeatedly. They started making more than a dozen calls a day, including calls that were made well into the night. They then started sending multiple agents to Claire's office, informing her neighbors about the due payment and even had an agent deliver a notice to her when she was out shopping. Claire was admitted to the hospital with a nervous breakdown. What are her possible legal remedies against GreenEye?

Question 43

Which of the following is a classic example of interference with economic relations?

A) Trespass
B) False imprisonment
C) Disparagement
D) Defamation

Question 44

The tort of interference with contract:

A) does not protect the sanctity of private contractual relationships.
B) does not apply to a person who intentionally induces a person to breach a contract with another.
C) applies to a person who intentionally prevents performance of another person's contract.
D) justifies inducing a breach of contract in most cases.

Question 45

Explain the differences between battery and assault.

Question 46

Eric Dunphy sued Starcross Builders because a few of the construction workers walked into his courtyard and drew water from his well without his knowledge. This caused no actual damage to Eric's property. Can this incident be considered a trespass?

Question 47

Which of the following is most likely to be a common defense to the tort of malicious prosecution?

A) Improper purpose
B) Lack of capacity
C) Probable cause
D) Inducing a breach of contract

Question 48

Define trespass to personal property and conversion, and discuss the difference between the two torts.

Question 49

Privilege is NOT a common defense to _____.

A) false imprisonment
B) trespass to land
C) interference with contract
D) disparagement