Question 1

A reporter does not like a candidate for president and he publishes a made up story about the candidate having an affair.Did the reporter commit a tort?

Accepted Answer

A)Under conditional privilege,a party will be held liable for defamation when a
false statement is made with actual malice.Actual malice requires either knowledge of the statement's falsity,or reckless disregard for its truth.
B)Under conditional privilege,a party will be held liable for defamation when a false statement is made with actual malice.Actual malice requires either knowledge of the statement's falsity,or reckless disregard for its truth.
C)Under conditional privilege,a party will be held liable for defamation when a false statement is made with actual malice.Actual malice requires either knowledge of the statement's falsity,or reckless disregard for its truth.
D)Under conditional privilege,a party will be held liable for defamation when a false statement is made with actual malice.Actual malice requires either knowledge of the statement's falsity,or reckless disregard for its truth.
E)Under conditional privilege,a party will be held liable for defamation when a false statement is made with actual malice.Actual malice requires either knowledge of the statement's falsity,or reckless disregard for its truth.

Question 2

Does a conditional privilege apply when a defamatory statement is made on the Internet?

Accepted Answer

A)While some believe a conditional privilege should apply when a defamatory
statement is made on the Internet because the person defamed can respond in the same format with minimal effort,no such privilege has been established.
B)While some believe a conditional privilege should apply when a defamatory statement is made on the Internet because the person defamed can respond in the same format with minimal effort,no such privilege has been established.
C)While some believe a conditional privilege should apply when a defamatory statement is made on the Internet because the person defamed can respond in the same format with minimal effort,no such privilege has been established.
D)While some believe a conditional privilege should apply when a defamatory statement is made on the Internet because the person defamed can respond in the same format with minimal effort,no such privilege has been established.
E)While some believe a conditional privilege should apply when a defamatory statement is made on the Internet because the person defamed can respond in the same format with minimal effort,no such privilege has been established.

Question 3

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

Accepted Answer

A)Retailers are protected under "shopkeeper's privilege," but the suspect cannot be held for an unreasonable length of time,and questioning must be reasonable.
B)Retailers are protected under "shopkeeper's privilege," but the suspect cannot be held for an unreasonable length of time,and questioning must be reasonable.

Question 4

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

Accepted Answer

A)A person accused of defamation can raise two defenses: truth and privilege.
B)A person accused of defamation can raise two defenses: truth and privilege.
C)A person accused of defamation can raise two defenses: truth and privilege.
D)A person accused of defamation can raise two defenses: truth and privilege.
E)A person accused of defamation can raise two defenses: truth and privilege.

Question 5

Kelly is mad at Pier and locks Pier in a closet for two hours without justification.This is an example of ________.

Accepted Answer

A)False imprisonment occurs when an individual is confined or restrained against
his or her will for an appreciable period of time.
B)False imprisonment occurs when an individual is confined or restrained against his or her will for an appreciable period of time.
C)False imprisonment occurs when an individual is confined or restrained against his or her will for an appreciable period of time.
D)False imprisonment occurs when an individual is confined or restrained against his or her will for an appreciable period of time.
E)False imprisonment occurs when an individual is confined or restrained against his or her will for an appreciable period of time.

Question 6

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?

Accepted Answer

A)The only defenses to a charge of libel made by a public figure,or anyone else,are 1)the statements are true or 2)the statements were made in Parliament or court.
B)The only defenses to a charge of libel made by a public figure,or anyone else,are 1)the statements are true or 2)the statements were made in Parliament or court.
C)The only defenses to a charge of libel made by a public figure,or anyone else,are 1)the statements are true or 2)the statements were made in Parliament or court.
D)The only defenses to a charge of libel made by a public figure,or anyone else,are 1)the statements are true or 2)the statements were made in Parliament or court.
E)The only defenses to a charge of libel made by a public figure,or anyone else,are 1)the statements are true or 2)the statements were made in Parliament or court.

Question 7

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

Accepted Answer

A)Even though the Supreme Court has provided more guidance regarding when
punitive damages will be allowed,it is not always easy to predict what a court will do in any given case.
B)Even though the Supreme Court has provided more guidance regarding when punitive damages will be allowed,it is not always easy to predict what a court will do in any given case.
C)Even though the Supreme Court has provided more guidance regarding when punitive damages will be allowed,it is not always easy to predict what a court will do in any given case.
D)Even though the Supreme Court has provided more guidance regarding when punitive damages will be allowed,it is not always easy to predict what a court will do in any given case.
E)Even though the Supreme Court has provided more guidance regarding when punitive damages will be allowed,it is not always easy to predict what a court will do in any given case.

Question 8

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

Accepted Answer

A)False light is closely related to defamation and occurs when publicity about a
person creates an impression about that individual that is not valid.
B)False light is closely related to defamation and occurs when publicity about a person creates an impression about that individual that is not valid.
C)False light is closely related to defamation and occurs when publicity about a person creates an impression about that individual that is not valid.
D)False light is closely related to defamation and occurs when publicity about a person creates an impression about that individual that is not valid.
E)False light is closely related to defamation and occurs when publicity about a person creates an impression about that individual that is not valid.

Question 9

Why does public figure privilege exist?

Accepted Answer

A)Because they have a significant impact on our lives,we want to encourage free discussion about them,so we do not hold people liable for making false statements about them as long as the statements were not made with malice.
B)Because they have a significant impact on our lives,we want to encourage free discussion about them,so we do not hold people liable for making false statements about them as long as the statements were not made with malice.
C)Because they have a significant impact on our lives,we want to encourage free discussion about them,so we do not hold people liable for making false statements about them as long as the statements were not made with malice.
D)Because they have a significant impact on our lives,we want to encourage free discussion about them,so we do not hold people liable for making false statements about them as long as the statements were not made with malice.
E)Because they have a significant impact on our lives,we want to encourage free discussion about them,so we do not hold people liable for making false statements about them as long as the statements were not made with malice.

Question 10

Which of the following would constitute false imprisonment?

Accepted Answer

A)The imprisonment may occur by 1)physical restraint,such as tying someone to a chair,2)physical force,such as forcibly pinning someone against a wall,3)a threat to use immediate physical force,or 4)refusal to release the plaintiff's property.

Question 11

Brandon installs two-way mirrors in the dressing room of his ladies' clothing store.He secretly uses the mirrors to watch women while they try on clothing.Which of the following torts has Brandon committed?

Accepted Answer

A)Intrusion on an individual's affairs or seclusion occurs when someone invades a
person's solitude,seclusion,or personal affairs when the person has the right to expect privacy.
B)Intrusion on an individual's affairs or seclusion occurs when someone invades a person's solitude,seclusion,or personal affairs when the person has the right to expect privacy.
C)Intrusion on an individual's affairs or seclusion occurs when someone invades a person's solitude,seclusion,or personal affairs when the person has the right to expect privacy.
D)Intrusion on an individual's affairs or seclusion occurs when someone invades a person's solitude,seclusion,or personal affairs when the person has the right to expect privacy.
E)Intrusion on an individual's affairs or seclusion occurs when someone invades a person's solitude,seclusion,or personal affairs when the person has the right to expect privacy.

Question 12

What law gives immunity to providers of interactive computer services for liability they might otherwise incur because of material disseminated by them but created by others?

Accepted Answer

A)One section of the Communications Decency Act of 1996 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.
B)One section of the Communications Decency Act of 1996 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.
C)One section of the Communications Decency Act of 1996 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.
D)One section of the Communications Decency Act of 1996 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.
E)One section of the Communications Decency Act of 1996 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.

Question 13

Samantha creates folders featuring an unflattering photograph of the president of the college she attends,and sells them outside of class for extra money.She did not obtain permission to use the photograph.Which of the following is true?

Accepted Answer

A)Appropriation for commercial gain occurs when someone uses another person's
name,likeness,voice,or other identifying characteristic for commercial gain without that person's permission.
B)Appropriation for commercial gain occurs when someone uses another person's name,likeness,voice,or other identifying characteristic for commercial gain without that person's permission.
C)Appropriation for commercial gain occurs when someone uses another person's name,likeness,voice,or other identifying characteristic for commercial gain without that person's permission.
D)Appropriation for commercial gain occurs when someone uses another person's name,likeness,voice,or other identifying characteristic for commercial gain without that person's permission.
E)Appropriation for commercial gain occurs when someone uses another person's name,likeness,voice,or other identifying characteristic for commercial gain without that person's permission.

Question 14

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

Accepted Answer

A)Three separate torts protect those unreasonably subjected to litigation
-malicious prosecution,wrongful civil proceedings,and abuse of process.
B)Three separate torts protect those unreasonably subjected to litigation
-malicious prosecution,wrongful civil proceedings,and abuse of process.
C)Three separate torts protect those unreasonably subjected to litigation
-malicious prosecution,wrongful civil proceedings,and abuse of process.
D)Three separate torts protect those unreasonably subjected to litigation
-malicious prosecution,wrongful civil proceedings,and abuse of process.
E)Three separate torts protect those unreasonably subjected to litigation
-malicious prosecution,wrongful civil proceedings,and abuse of process.

Question 15

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

Accepted Answer

A)Under conditional privilege,a party will not be held liable for defamation unless
the false statement was made with actual malice.Actual malice requires either knowledge of the statement's falsity,or reckless disregard for its truth.
B)Under conditional privilege,a party will not be held liable for defamation unless the false statement was made with actual malice.Actual malice requires either knowledge of the statement's falsity,or reckless disregard for its truth.
C)Under conditional privilege,a party will not be held liable for defamation unless the false statement was made with actual malice.Actual malice requires either knowledge of the statement's falsity,or reckless disregard for its truth.
D)Under conditional privilege,a party will not be held liable for defamation unless the false statement was made with actual malice.Actual malice requires either knowledge of the statement's falsity,or reckless disregard for its truth.
E)Under conditional privilege,a party will not be held liable for defamation unless the false statement was made with actual malice.Actual malice requires either knowledge of the statement's falsity,or reckless disregard for its truth.

Question 16

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?

Accepted Answer

A)Sometimes called the "tort of outrage," intentional infliction of emotional
distress occurs when someone engages in outrageous,intentional conduct likely to cause extreme emotional distress to another party.
B)Sometimes called the "tort of outrage," intentional infliction of emotional distress occurs when someone engages in outrageous,intentional conduct likely to cause extreme emotional distress to another party.
C)Sometimes called the "tort of outrage," intentional infliction of emotional distress occurs when someone engages in outrageous,intentional conduct likely to cause extreme emotional distress to another party.
D)Sometimes called the "tort of outrage," intentional infliction of emotional distress occurs when someone engages in outrageous,intentional conduct likely to cause extreme emotional distress to another party.
E)Sometimes called the "tort of outrage," intentional infliction of emotional distress occurs when someone engages in outrageous,intentional conduct likely to cause extreme emotional distress to another party.

Question 17

A reporter receives information from several highly credible sources that a famous actress is pregnant and that the father of the baby is not her husband.The story is later proved untrue.The actress sues for defamation.Is she likely to be successful?

Accepted Answer

A)Public figure privilege is a form of conditional privilege.Under conditional
privilege,a party will be held liable for defamation when a false statement is made with actual malice.Actual malice requires either knowledge of the statement's falsity,or reckless disregard for its truth.Public figures are those in the public eye,typically politicians and entertainers.We do not hold people liable for making false statements about them as long as the statements were not made with malice.

Question 18

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

Accepted Answer

A)False imprisonment occurs when an individual is confined or restrained against
his or her will for an appreciable period of time.
B)False imprisonment occurs when an individual is confined or restrained against his or her will for an appreciable period of time.
C)False imprisonment occurs when an individual is confined or restrained against his or her will for an appreciable period of time.
D)False imprisonment occurs when an individual is confined or restrained against his or her will for an appreciable period of time.
E)False imprisonment occurs when an individual is confined or restrained against his or her will for an appreciable period of time.

Question 19

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.

Accepted Answer

A)A person with absolute privilege cannot be sued for defamation for any false
statements made,regardless of intent or knowledge of their falsity.
B)A person with absolute privilege cannot be sued for defamation for any false statements made,regardless of intent or knowledge of their falsity.
C)A person with absolute privilege cannot be sued for defamation for any false statements made,regardless of intent or knowledge of their falsity.
D)A person with absolute privilege cannot be sued for defamation for any false statements made,regardless of intent or knowledge of their falsity.
E)A person with absolute privilege cannot be sued for defamation for any false statements made,regardless of intent or knowledge of their falsity.

Question 20

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?

Accepted Answer

A)Public figures are those in the public eye,typically politicians and entertainers.
B)Public figures are those in the public eye,typically politicians and entertainers.
C)Public figures are those in the public eye,typically politicians and entertainers.
D)Public figures are those in the public eye,typically politicians and entertainers.
E)Public figures are those in the public eye,typically politicians and entertainers.

Quiz 8: Tort Law