Question 1

Kelly is sure that Juan has stolen her basketball tickets from her office since he was talking about how badly he wanted to go to the championship game earlier in the week. Kelly confronts Juan and he denies that he has been anywhere near Kelly's office. Kelly pushes Juan into the closet and locks the door, leaving Juan for hours. Kelly has committed what tort?
A) Justified imprisonment.
B) Qualified imprisonment.
C) Reasonable detention.
D) False imprisonment.
E) No tort was committed, Kelly had the right to detain Juan.

Accepted Answer

Kelly has committed the tort of false imprisonment by locking Juan in the closet without legal justification.

Question 2

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter?
A) There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called.
B) When a retailer has reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time.
C) Whenever a retailer has reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police.
D) The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police.
E) The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive.

Accepted Answer

The correct answer is B because it reflects the principle of the "shopkeeper's privilege," which allows a retailer to detain a suspected shoplifter for investigation for a reasonable period under reasonable conditions. This is a legal doctrine that balances the rights of the store against the rights of the individual.

Question 3

Which of the following is true regarding awards of punitive damages in the U.S.?
A) It is not always easy to predict what a court will do regarding punitive damages in any given case.
B) Punitive damages may not be awarded in excess of $3 million.
C) A ratio of punitive damages to compensatory damages greater than 9 to 1 violates due process.
D) The Supreme Court ruled that the issue of punitive damages is for the jury and will not be disturbed on appeal, regardless of the ratio of punitive damages to compensatory damages.
E) Awards of punitive damages in the U.S. are very similar to awards of punitive damages under the Canadian judicial system.

Accepted Answer

The predictability of punitive damages is challenging because they are awarded at the discretion of the court and can vary significantly based on the specifics of the case.

Question 4

Samantha creates photos 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?
A) Samantha has committed defamation of the college president in the form of slander.
B) Samantha has committed defamation of the college president in the form of libel.
C) Samantha has appropriated the photograph for commercial gain, which constitutes an invasion of privacy.
D) Samantha has committed both defamation and invasion of privacy toward the college president.
E) Samantha has not committed any tort.

Accepted Answer

Samantha's actions constitute an invasion of privacy through appropriation of the president's photograph for commercial gain without permission, which is a distinct legal issue from defamation (libel or slander).

Question 5

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?
A) Politicians, but not entertainers, are generally considered to be public figures.
B) Entertainers, but not politicians, are generally considered to be public figures.
C) Small business owners and politicians, but not entertainers, are generally considered to be public figures.
D) Politicians and entertainers, but not small business owners, are generally considered to be public figures.
E) Small business owners, but not politicians or entertainers, are generally considered to be public figures.

Accepted Answer

Politicians and entertainers are generally considered to be public figures because they have a significant public presence or influence, and therefore are subject to increased scrutiny by the public and media. Small business owners, in contrast, do not typically have the same level of public presence or influence unless they actively seek it or become involved in public controversies.

Question 6

In a much heated debate on the Senate floor in regards to whether or not to allow a new legislative reform to be voted on, two senators call each other liars, cheats and other unflattering words. One senator also accuses the other one of bribery. If one of the senators sues the other for defamation, is there a defense available to the defamation claim?
A) Yes, a limited privilege
B) Yes, an absolute privilege
C) Yes, a legal privilege
D) Yes, a negligence privilege
E) No, there is no privilege allowed for defamation.

Accepted Answer

Statements made by members of legislative bodies during official proceedings are protected by an absolute privilege. This means that they cannot be sued for defamation for statements made in the course of their legislative duties, including heated debates on the Senate floor.

Question 7

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?
A) The Internet Communications Act of 2000.
B) The Interactive Computer Services Protection Act of 2004.
C) The Communications Decency Act of 1996.
D) The Internet Communications Protection Act of 1998.
E) The Blog Protection Act of 2001.

Accepted Answer

The Communications Decency Act of 1996 includes Section 230, which provides immunity to providers of interactive computer services from liability for content created by others.

Question 8

Which of the following torts seek to compensate people wrongfully subjected to litigation?
A) Malicious prosecution, wrongful civil proceedings, and abuse of process.
B) Wrongful civil proceedings, but not malicious prosecution or abuse of process.
C) Abuse of process, but not malicious prosecution or wrongful civil proceedings.
D) Malicious prosecution and wrongful civil proceedings, but not abuse of process.
E) Malicious prosecution and abuse of process, but not wrongful civil proceedings.

Accepted Answer

Malicious prosecution, wrongful civil proceedings, and abuse of process are all torts that seek to compensate individuals who have been wrongfully subjected to litigation. These torts address different aspects of improper legal action, including initiating or continuing legal proceedings without proper grounds (malicious prosecution and wrongful civil proceedings) and misusing legal procedures for an ulterior purpose (abuse of process).

Question 9

Why does public figure privilege exist?
A) To give special protections from defamation to public figures since they are in the public eye and their reputations matter more to them than the average person.
B) To encourage free discussion about public figures.
C) To discourage discussion about politicians so democracy can function in a more orderly fashion.
D) To allow people to make up stories about politicians and celebrities because these public figures are people of interest to the public.
E) To prevent people from making a profit by slandering public figures.

Accepted Answer

Public figure privilege exists to encourage free and open discussion about public figures, recognizing the importance of such discussions in a democratic society. It acknowledges that public figures are subject to greater scrutiny and allows for more robust debate about their actions and character.

Question 10

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made ________.
A) with actual malice
B) negligently
C) in print
D) publicly
E) to an employer

Accepted Answer

Conditional privilege in defamation law means that the party making a statement will not be held liable for defamation if the statement was made without actual malice, even if it turns out to be false. This is often applied in situations where the speaker has a legal, moral, or social duty to make the statement, and the listener has a corresponding interest in hearing it.

Question 11

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?
A) Yes, because the printed story would be likely to damage the reputation of the actress.
B) Yes, because the printed story turned out to be untrue.
C) Yes, because pregnancy is a private matter even for public figures.
D) No, because the allegations would be unlikely to damage a person's reputation.
E) No, because the reporter did not act with actual malice.

Accepted Answer

The key factor in defamation cases, especially involving public figures, is the requirement for the plaintiff to prove that the defendant acted with actual malice, meaning they knew the information was false or acted with reckless disregard for the truth. In this scenario, the reporter received information from highly credible sources, indicating no actual malice in publishing the story.

Question 12

Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?
A) Forcible detention.
B) False imprisonment.
C) Qualified imprisonment.
D) Contained detention.
E) False detention.

Accepted Answer

False imprisonment occurs when an individual is intentionally confined or restrained against their will for any amount of time without legal authority.

Question 13

What, if any, defenses are available to a person who has been accused of defamation?
A) Truth and privilege.
B) Privilege but not truth.
C) Truth but not privilege.
D) Purposeful and negligence.
E) There are no defenses to defamation.

Accepted Answer

Truth and privilege are both defenses to defamation. Truth is an absolute defense, meaning if what was said or published is true, it cannot be defamatory. Privilege provides immunity in certain circumstances, such as statements made in a court of law or legislative body.

Question 14

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?
A) Yes, because the reporter acted with actual malice.
B) No, because the candidate for president is a public figure.
C) No, because the story was made up and unlikely to be believed.
D) No, because having an affair would not harm the reputation of a presidential candidate.
E) No, because politicians cannot be defamed.

Accepted Answer

The reporter committed a tort of defamation by publishing a false story with actual malice, which means knowing the story was false or acting with reckless disregard for the truth. Public figures, like presidential candidates, can still be defamed, especially when false statements are made with actual malice.

Question 15

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?
A) Only that the statements were true.
B) Only that the statements were made in Parliament.
C) Only that the statements were made in court.
D) That the statements were not made in Parliament or court.
E) That the statements were true, that the statements were made in Parliament, or that the statements were made in court.

Accepted Answer

In the UK, defenses to an action for libel by a public figure include truth (the statements were true), absolute privilege (the statements were made in Parliament or court), among others. These defenses aim to protect freedom of speech while balancing against harm from false statements.

Question 16

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?
A) Intrusion on an individual's affairs or seclusion.
B) Assault.
C) Public disclosure of private facts.
D) False light.
E) Commercial appropriation.

Accepted Answer

Brandon has committed the tort of intrusion on an individual's affairs or seclusion by secretly watching women through two-way mirrors in the dressing room, which is a clear violation of their privacy.

Question 17

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?
A) Negligent infliction of emotional distress.
B) Intentional infliction of strict-liability distress.
C) Intentional infliction of emotional distress.
D) Reckless invasion of solitude.
E) Psychological infliction of distress.

Accepted Answer

Intentional infliction of emotional distress occurs when an individual engages in extreme and outrageous conduct intentionally or recklessly, causing severe emotional distress to another person.

Question 18

Which of the following would constitute false imprisonment?
A) Threatening to use immediate physical force to detain someone; refusing to release property; or physical restraint, such as tying someone to a chair; but not moral pressure.
B) Threatening to use immediate physical force to detain someone; physical restraint, such as tying someone to a chair; or moral pressure; but not refusing to release property.
C) Physical restraint, such as tying someone to a chair; but not threatening to use immediate physical force to detain someone; refusing to release property; or moral pressure.
D) Threatening to use immediate physical force to detain someone; refusing to release property; physical restraint, such as tying someone to a chair; and moral pressure.
E) Physical restraint; threatening to use immediate physical force; but not refusing to release property; or moral pressure.

Accepted Answer

False imprisonment involves the unlawful restraint of a person against their will. This can include physical restraint, threats of immediate physical force, or refusing to release property that effectively restrains someone. Moral pressure alone does not constitute false imprisonment.

Question 19

Which of the following is not true in regards to the innocent dissemination defense of online service providers (OSPs) in Canada?
A) There are no landmark cases or any legislation clearly establishing liability of OSPs.
B) The defendant paid for the information that they authored or printed.
C) The defendant does not know of the libel contained in the work published or authored by them.
D) There was no reason for the defendant to suppose the work he or she authored or published would be libelous.
E) It was not negligence on the defendant's part that he or she did not know that the work contained libelous material.

Accepted Answer

The innocent dissemination defense is designed to protect online service providers (OSPs) who unknowingly distribute libelous material. It does not apply if the defendant paid for the information they authored or printed, as this implies a level of control or responsibility over the content, which is contrary to the principle of "innocent" dissemination.

Question 20

Which of the following would constitute the privacy tort of false light?
A) Attributing characteristics or beliefs to a person that he or she does not possess.
B) Disclosing private facts about a person in order to obtain some sort of personal gain.
C) Defaming a person with actual malice.
D) Defaming a public figure.
E) Defaming a public figure for personal gain.

Accepted Answer

False light involves presenting someone in a misleading way that might not be defamatory but is offensive or embarrassing and suggests something untrue about the person. Attributing characteristics or beliefs to someone that they do not possess fits this description.

Quiz 8: Tort Law

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

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

Samantha creates photos 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?

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?

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?

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

Why does public figure privilege exist?

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

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?

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

What, if any, defenses are available to a person who has been accused of defamation?

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?

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?

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?

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?

Which of the following would constitute false imprisonment?

Which of the following is not true in regards to the innocent dissemination defense of online service providers (OSPs) in Canada?

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