Question 1

Jane is unhappy with her neighbor,Sam,because Sam will not allow her to swim in his swimming pool.She tells him that unless he lets her swim in the pool,she will bring an action against him for nuisance because he plays his stereo late at night at times.While the stereo does not bother Jane because she is up late anyway,she thinks that will encourage Sam to let her swim in the pool.Sam,however,continues to refuse to allow Jane to swim in his pool,and Jane proceeds to sue Sam for nuisance.Which of the following is true?

Accepted Answer

Abuse of process is more general and applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends.

Question 2

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

Accepted Answer

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 3

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 person with absolute privilege cannot be sued for defamation for any false statements made, regardless of intent or knowledge of their falsity.

Question 4

Which of the following 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?

Accepted Answer

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 5

Mike gets angry because Ben made a better grade on a test than he did.They get into an argument,and Mike takes a swing at Ben intending to hit him.Ben shoves Mike in order to avoid the blow.Which of the following is true regarding Ben's actions?

Accepted Answer

The most common defense is self-defense, responding to the force of another with comparable force to defend yourself.

Question 6

Robby calls Bobby on the telephone and threatened to come over and break his nose.Which of the following is true?

Accepted Answer

If someone called on the telephone and threatened to come over and break someone's nose, this is not an assault because there is no question of immediate bodily harm.

Question 7

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

False imprisonment occurs when an individual is confined or restrained against his or her will for an appreciable period of time.

Question 8

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

Public figures are those in the public eye, typically politicians and entertainers.

Question 9

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

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 10

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

Accepted Answer

A person accused of defamation can raise two defenses: truth and privilege.

Question 11

Which of the following is true regarding the apprehension necessary for the tort of assault?

Accepted Answer

An assault occurs if apprehension exists, regardless of fear.

Question 12

Which of the following was the result in Thomas P.Lamb v.Tony Rizzo,the case in the text in which the defending newspaper reporter claimed that he could not be held liable to the plaintiff for making alleged defamatory statements because the plaintiff's reputation as a kidnapper and murderer serving three life sentences was so bad that his reputation could not be further harmed?

Accepted Answer

The court dismissed the lawsuit recognizing that the facts of the case fitted within the state's description of when the libel-proof doctrine might apply.

Question 13

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

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 14

Which of the following would constitute false imprisonment?

Accepted Answer

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 15

Without obtaining advance permission,Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money.Which of the following is true?

Accepted Answer

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 16

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

Accepted Answer

Under conditional privilege, a party will not be held liable for defamation unless the false statement was made with actual malice, that is, with either knowledge of its falsity or reckless disregard for its truth.

Question 17

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

Accepted Answer

Even though we now have more guidance from the Supreme Court as to when punitive damages will be allowed, it is not always easy to predict what a court will do in any given case.

Question 18

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

Accepted Answer

Three separate torts protect those unreasonably subjected to litigation-malicious prosecution, wrongful civil proceedings, and abuse of process.

Question 19

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

Accepted Answer

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 20

Bill decides to install two-way mirrors in the dressing room of his ladies' clothing store.He has a habit of watching ladies while they try on clothing.Which of the following has Bill committed?

Accepted Answer

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.

Quiz 8: Tort Law