Deck 7: Intentional Torts More Njuries to Persons

Question 1

In infliction of emotional distress cases, ordinary sensibilities are best defined as

A) whether a reasonable person would suffer emotional distress as a result of the tortfeasor's actions.
B) a reasonable person's fear of an imminent battery.
C) when a reasonable person suffers physical symptoms from mental anguish.
D) a tortfeasor's state of mind in causing emotional distress.

Answer 1

A

Question 2

Which of the following statements is true regarding malicious prosecution?

A) The complainant's criminal complaint must lack probable cause.
B) The complainant must have filed frivolous criminal charges with malicious intent.
C) The accused must be acquitted of the criminal charges or otherwise have them disposed of.
D) All of these choices.

Answer 2

D

Question 3

Which of the following is the best example of intentional infliction of emotional distress?

A) Setting fire to a wastebasket in an empty classroom
B) Shouting obscenities at a basketball official in an arena seating 10,000 fans
C) Calling a friend during an important business meeting to inform him or her of a nonexistent "family emergency"
D) Spitting on a crowded sidewalk

Answer 3

C

Question 4

Invasion of privacy occurs through appropriation of a person's likeness for profit without permission.

Question 5

What distinguishes fraud from misrepresentation?

A) In fraud, the victim surrenders something of value to the tortfeasor, which may not necessarily occur with misrepresentation.
B) Fraud includes the intent to deceive the victim, but misrepresentation can occur even if the tortfeasor is unaware of the falsehood of his or her statements.
C) Fraud is also a crime, but misrepresentation is only a tort.
D) There is no distinction; they are interchangeable torts.

Question 6

Appropriation occurs when the tortfeasor

A) publicly attributes to another individual false opinions, statements, or actions.
B) uses a person's name or likeness without permission to gain some benefit.
C) engages in an excessive and highly offensive invasion upon another person's seclusion or solitude.
D) communicates purely private information about a person to the public without permission.

Question 7

Abuse of process involves criminal lawsuits, whereas malicious prosecution involves civil actions.

Question 8

False light in the public eye is a form of defamation.

Question 9

Libel is written defamation, whereas slander is oral defamation.

Question 10

Unreasonable intrusion is an excessive and highly offensive invasion of one's seclusion or solitude.

Question 11

Publication is the term associated with abuse of process.

Question 12

Truth is not a defense against public disclosure of private facts.

Question 13

In both intentional and reckless infliction of emotional distress, the victim must suffer severe mental anguish.

Question 14

Fraud is best defined as

A) the tortfeasor knowingly making false statements, or purposefully behaving, so as to deceive the victim.
B) the tortfeasor pretending to sell the victim one product when, in fact, he or she is selling another, lower-quality product.
C) the tortfeasor taking another person's personal property and using it for the tortfeasor's own benefit.
D) All of these choices.

Question 15

To be successful in claiming defamation, a public figure must show that a statement was made with actual malice.

Question 16

Which of the following is the best example of misrepresentation?

A) A used-car salesperson puts a sign on a 1966 Ford Custom 500 automobile, indicating that it has "low mileage and loving care."
B) A politician announces at a fund-raising dinner that, if elected, he or she will vote against new taxes.
C) A plaintiff's lawyer tells the defendant's counsel that settlement is possible, when the plaintiff has previously indicated a desire not to settle.
D) A roofer states that a homeowner's entire roof must be replaced, when adequate repairs could be made by replacing a few loose shingles.

Question 17

Which of the following is not a type of invasion of privacy?

A) Appropriation
B) False light in the public eye
C) Arson
D) Unreasonable intrusion

Question 18

Negligent misrepresentation is

A) a false statement that is not known to be false.
B) a false statement made when the one making the statement should have known better.
C) a false statement known to be false and meant to be misleading.
D) any kind of trickery used to cheat another of money or property.

Question 19

Fraud and misrepresentation are identical intentional torts.

Question 20

Emotional distress is synonymous with

A) mental anguish.
B) shock.
C) fright.
D) All of these choices.

Question 21

Publication is an element of which intentional tort?

A) Slander
B) Libel
C) Defamation
D) All of these choices.

Question 22

Which of the following is the best example of malicious prosecution?

A) Angel files a small-claims lawsuit against her next-door neighbor, who keeps dumping trash in Angel's backyard.
B) Jim files an unfounded criminal complaint against Francesco with the county prosecutor.
C) Lisa files a lawsuit in U.S. District Court against her employer, alleging sexual discrimination.
D) Murphy files a lien against a customer who has agreed to pay his debt over a period of several months, and all payments have been made (and accepted by Murphy) on time to date.

Question 23

Which of the following is the best example of abuse of process?

A) Angel files a small-claims lawsuit against her next-door neighbor, who keeps dumping trash in Angel's backyard.
B) Jim files an unfounded criminal complaint against Francesco with the county prosecutor.
C) Lisa files a lawsuit in U.S. District Court against her employer, alleging sexual discrimination.
D) Murphy files a lien against a customer who has agreed to pay his debt over a period of several months, and all payments have been made (and accepted by Murphy) on time to date.

Question 24

Jun Li discovered someone lurking around the back door of his house early one morning. He shouted out the window to the person, "Don't move, I see you!" and "The police are coming!" The person stood, looking puzzled, and then bent back down to look at Jun Li's electric meter. The person worked as a meter reader for the electric company. The meter reader then stood up and walked slowly to his truck. Jun Li shouted after him, "I got your license plate! The cops will track you down!" Which intentional tort(s), if any, has Jun Li committed against the meter reader?

A) Defamation
B) False imprisonment
C) Assault
D) No intentional torts were committed.

Question 25

Sheri runs a radiator repair service. Owen is one of her customers. Sheri repaired the cracked radiator in Owen's 1963 Chevrolet Impala automobile. Owen became upset when one of Sheri's employees spoke rudely to him when he came to pick up the vehicle. The next day, Owen telephoned a local radio call-in program called This Is Your Opinion Out There. Owen told the disc jockey that Sheri's business was "low class," that Sheri "thought she could do better auto repair work than a man," and that he'd never again do business with a "brainless broad doing a man's job." He managed also to say that Sheri "slept around with customers" before the radio station cut him off. Which type(s) of intentional tort(s), if any, has Owen committed against Sheri?

A) Defamation (slander)
B) Invasion of privacy (false light in the public eye)
C) Intentional infliction of emotional distress
D) All of these choices.