Question 1

A witness testifying in a court or legislature may never be sued for defamation.

Accepted Answer

This is because witnesses are granted absolute immunity, meaning they are protected from legal action for anything they say during the course of the trial or hearing, as long as their testimony is relevant and truthful.

Question 2

There are four elements to a defamation case,and the plaintiff in any kind of lawsuit must prove one of the four elements to prevail.

Accepted Answer

The plaintiff in a defamation case must prove all four elements to prevail: a false statement purporting to be fact; publication or communication of that statement to a third person; fault amounting to at least negligence; and damage, or harm caused to the person or entity who is the subject of the statement.

Question 3

Shortly after Brian started to work at Trevit,Inc. ,a coworker,Ann,began asking him out.Brian said no.Nevertheless,Ann persisted.One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?

Accepted Answer

Ann committed the tort of battery by intentionally touching Brian in an offensive manner without his consent.

Question 4

If Gloria threw a rock that hit Merle,she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

Accepted Answer

Gloria can be liable for the intentional tort of battery if she intended the act itself (throwing the rock) that resulted in harmful or offensive contact, regardless of whether she intended to injure or harm Merle. Intent to cause the specific harm is not necessary for battery.

Question 5

Public officials can win a defamation case only by proving the defendant's actual malice.

Accepted Answer

This is known as the "actual malice" standard, which was established in the 1964 Supreme Court case New York Times Co. v. Sullivan. In order to win a defamation case as a public official, the plaintiff must prove that the defendant made a false statement with knowledge of its falsity or with reckless disregard for the truth.

Question 6

The First Amendment guarantee of freedom of speech is an absolute right.

Accepted Answer

The First Amendment guarantee of freedom of speech is not an absolute right. It is subject to limitations, such as the prohibition of speech that incites violence or presents a clear and present danger to national security. Additionally, there are certain types of speech that are not protected by the First Amendment, such as defamation, obscenity, and fighting words.

Question 7

Ahmi was a witness in a lawsuit.When asked why he fired Rana,Ahmi replied,"Rana was fired for willful misconduct." Indeed,Rana had not engaged in any misconduct.Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.

Accepted Answer

Statements made in court are typically protected by absolute privilege, meaning Ahmi cannot be sued for defamation for statements made during legal proceedings.

Question 8

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one-third of that space.Dewayne is liable for the intentional tort of fraud.

Accepted Answer

Dewayne intentionally misrepresented the product to Vivian, which caused her harm. This constitutes fraud, which is an intentional tort.

Question 9

In order for a plaintiff to win a case involving intentional infliction of emotional distress,she must prove the defendant acted in an extreme and outrageous manner.

Accepted Answer

This is correct, the plaintiff must prove that the defendant's behavior was extreme and outrageous in order to win a case involving intentional infliction of emotional distress.

Question 10

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse.In most states,Braybon's will be able to detain the customer for suspicion of shoplifting.

Accepted Answer

The salesclerk observed the customer removing an item from the store without paying, which is considered shoplifting. In most states, businesses have the right to detain customers under suspicion of shoplifting.

Question 11

Working out some frustrations after a bad game,Jessica angrily hits a baseball and then sees it is flying toward the umpire.She yells,"Watch out!" The umpire ducks and the ball misses him.Since there was no physical contact,no assault or battery occurred.

Accepted Answer

In legal terms, assault can occur without physical contact if an action intentionally causes another person to fear imminent harmful or offensive contact. In this scenario, the act of angrily hitting a baseball towards the umpire and causing fear of imminent harm constitutes assault, regardless of the actual miss. Battery requires physical contact, so while there was no battery, there was an assault.

Question 12

A tort is a violation of a duty imposed by the civil law.

Accepted Answer

This is the definition of a tort according to legal terminology.

Question 13

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

Accepted Answer

Punitive damages are meant to punish the defendant for their egregious behavior, often in cases where compensatory damages alone would not be enough to discourage similar behavior in the future.

Question 14

The single recovery principle requires a court to settle a matter once and for all by awarding a lump sum for past and future expenses.

Accepted Answer

The single recovery principle does require a court to settle the matter once and for all by awarding a lump sum for both past and future expenses. This principle aims to avoid multiple recoveries for the same damages and provides a full and final settlement for the plaintiff's losses.

Question 15

Taking or using someone's personal property without consent is referred to as

Accepted Answer

The legal term for taking or using someone's personal property without their consent is conversion.

Question 16

Which of the following statements about torts is correct?

Accepted Answer

A tortious act may also be a criminal act, but not all tortious acts are criminal acts. In other words, criminal acts are a subset of tortious acts. A tort is a civil wrong that causes harm or loss to someone, whereas a crime is a violation of a criminal law that is punishable by the state. A tortious act may result in a civil lawsuit, whereas a criminal act may result in a criminal trial and potentially imprisonment or other legal penalties. Therefore, option C is the correct statement. Option A and B are incorrect since they make absolute statements that are not always true. Option D is incorrect because contracts and torts are two distinct areas of law.

Question 17

Jim told his manager,Lana,that a coworker,Diane,had been in prison for theft.Lana checked into the matter,and when she learned that Diane had served time in prison for theft,she fired her.

Accepted Answer

Jim is not liable for defamation because defamation requires the statement to be false. Since Diane did indeed serve time in prison for theft, Jim's statement to Lana was true, and truth is a complete defense against defamation.

Question 18

A national magazine published an article about a famous television star.The television personality is upset because the information contained in the story is not correct.If the actress sues the magazine,

Accepted Answer

In defamation cases involving public figures, the plaintiff must prove that the defendant acted with actual malice, meaning they knew the information was false or acted with reckless disregard for the truth.

Question 19

In an advertisement,FreshAir,Inc.stated that its air freshener lasted for 3 hours while the competitor's Smell Sweet lasted for only 36 minutes.In fact,Smell Sweet freshens the air for more than 2 hours.FreshAir has not violated the Lanham Act because the First Amendment's guarantee of freedom of speech applies.

Accepted Answer

FreshAir, Inc. has made a false and misleading claim in its advertisement about the effectiveness of its product compared to the competitor's product. This violates the Lanham Act, which prohibits false advertising. While the First Amendment does protect freedom of speech, commercial speech may be regulated to prevent false or misleading claims.

Question 20

Lori works for Big Corporation.The existing contract between Lori and Big Corporation can be terminated at will by either party.Richard,the owner of a small store,offers to pay Lori much more money if she will leave Big Corporation and work for his store.When Lori starts to work for Richard,Big Corporation correctly claims Richard is liable for tortious interference with a contract.

Accepted Answer

Since the contract between Lori and Big Corporation can be terminated at will by either party, Richard's offer to Lori and her acceptance of that offer do not constitute tortious interference with a contract. Tortious interference requires the existence of a valid contractual relationship that is breached due to the interference of a third party, which is not applicable in this scenario of an at-will employment contract.

Quiz 8: Intentional Torts and Business Torts