Question 1

Which of the following is most likely to involve liability for violating the so-called "right of publicity"? In each case, assume that the plaintiff's name, likeness, work, etc. was appropriated without the plaintiff's permission.

Accepted Answer

The use of Madonna's name to sell women's apparel would most likely involve liability for violating the right of publicity, as it is using a famous person's name to promote a product without permission. The other options may also be subject to liability for violating copyright or trademark laws, but not necessarily for violating the right of publicity.

Question 2

The defendant's intentional exercise of dominion or control over the plaintiff's personal property without the plaintiff's consent is called:

Accepted Answer

Conversion is the intentional act of exercising control over another person's property without their consent. It involves interfering with the owner's right to possession or using the property in a manner inconsistent with the owner's rights. Defamation involves making false statements about a person that harm their reputation, interference involves intentionally causing harm to a contract or business relationship, and libel involves making false statements that are published in written or printed form.

Question 3

Which of the following is true of 'invasion of privacy'?

Accepted Answer

There are four distinct torts related to invasion of privacy: intrusion upon seclusion, appropriation of name or likeness, public disclosure of private facts, and false light. The other options are incorrect - A is false as public figures do have some right to privacy, C is referring to the right to bear arms, and D is not necessarily always an invasion of privacy.

Question 4

Which of the following is least likely to create liability for the first form of invasion of privacy (intrusion on personal solitude or seclusion)?

Accepted Answer

Examining public records does not invade personal solitude or seclusion because the information is already available to the public. The other options involve physically or non-physically intruding upon someone's personal space or private information.

Question 5

Ann is troubled with the noise of the old generator set up by her neighbor Jose at his residence. The noise the generator makes is unbearable. Ann sues Jose for nuisance. Will she succeed?

Accepted Answer

Ann can succeed in her lawsuit against Jose for nuisance because the generator noise is interfering with her use and enjoyment of her own land. Even if the noise is reasonable, it still becomes a nuisance if it interferes with the plaintiff's use and enjoyment of their property. The fact that the generator is not Ann's personal property is irrelevant to the issue of nuisance.

Question 6

As a prank, Joe signs Susan's name to a pro-abortion petition that appears in a local newspaper. Susan is passionately opposed to abortion. Thus, Susan sues Joe for both defamation and for putting her in a false light in the public eye. Is Joe liable for either tort? If it matters, assume that the town in question is a fairly liberal one with lots of abortion supporters.

Accepted Answer

The answer of As a prank, Joe signs Susan's name...

Question 7

Most defamation cases brought by public official or public figure plaintiffs are won by the defendant, because the plaintiff was unable to prove:

Accepted Answer

Public officials and public figures have a higher burden of proof in defamation cases, as they must prove that the defendant acted with actual malice, meaning they made the statement with knowledge of its falsity or with reckless disregard for the truth. The other options listed may not be enough to win the case for the plaintiff.

Question 8

In which of the following cases is it most likely that a plaintiff will only have to prove negligence on the defendant's part to recover for defamation?

Accepted Answer

A private figure has to simply prove negligence on the defendant's part in order to recover damages.In contrast to that,public figures must prove the actual intent to malice when they file a defamation case.

Question 9

_____ affords a remedy for the wrongful institution of criminal proceedings.

Accepted Answer

Malicious prosecution affords a remedy for the wrongful institution of criminal proceedings, where there was an absence of reasonable and probable cause and malice on the part of the prosecutor. The other options are distinct causes of action that provide remedies for other forms of legal misconduct.

Question 10

Which of the following is most likely to involve both defamation liability and liability for putting a person in a false light?

Accepted Answer

Defamation liability involves making false statements about someone that harm their reputation, while false light involves portraying someone in a misleading or false manner. Option C involves both making false statements about the activist and portraying them in a false light, as they would likely not support infanticide. Option A only involves making a false statement, while option B involves only a misrepresentation of the activist's views. Option D involves forgery, but does not necessarily involve defamation or false light.

Question 11

Which of the following can recover damages for proven actual injury, but not presumed or punitive damages, by proving only fault?

Accepted Answer

A private figure plaintiff involved in a subject of public concern can claim damages for proven actual injury by proving fault.For presumed and punitive damages,plaintiff must prove actual malice,by clear and convincing evidence.

Question 12

Which of the following is most likely to be classed as a nuisance (rather than as a trespass to land)?

Accepted Answer

A nuisance is an unreasonable interference with another person's use and enjoyment of their land. Allowing thick smoke to continually drift over an adjoining landowner's land would be an example of a nuisance, whereas the other options may be classified as a trespass to land, as they involve entering another person's land without permission.

Question 13

After a student named Bob insults him in class, Marvin, a business law professor, pulls out his. 38-revolver and fires a shot at the student. The shot misses the first student, but strikes another student named Cathy, who never saw the shot coming and never knew what hit her. Bob and Cathy sue Marvin for assault and battery. Who can recover for what? Why?

Accepted Answer

The answer of After a student named Bob insults him...

Question 14

A person distributes unsolicited e-mails to large numbers of employees of the company. He does so illegally from the company's e-mail system without consent of the company. Has the distributor committed tort of trespass to personal property?

Accepted Answer

The answer of A person distributes unsolicited e-mails to large...

Question 15

In a conversation, Donna falsely tells Wendy that Paul has Krabbe disease, a rare genetic disorder. Paul wants to sue Donna for defamation, but he's having trouble showing any tangible financial loss. Must Paul prove special damages in order to recover against Donna? Why or why not?

Accepted Answer

The answer of In a conversation, Donna falsely tells Wendy...

Question 16

_____ to land may be defined as any unauthorized or unprivileged intentional intrusion upon another's real property.

Accepted Answer

Trespass to land is the intentional intrusion upon another's real property without permission or authorization. Nuisance refers to an unreasonable interference with another's use or enjoyment of their property. Conversion is the unauthorized assumption of ownership or use of another's personal property. Battery is the intentional harmful or offensive contact with another person.

Question 17

Ingmar wanted to buy Otto's land. Otto did not want to sell. In order to pressure Otto into selling the land, Ingmar brought a private nuisance lawsuit against Otto. In this case, Ingmar has probably committed the tort of:

Accepted Answer

Abuse of process imposes liability on those who initiate legal proceedings,whether criminal or civil,for a primary purpose other than the one for which the proceedings were designed.

Question 18

The Daily Tattler, a supermarket-checkout-counter tabloid, says that a U.S. Senator has fathered fourteen illegitimate children. The statement is false and defamatory. If the Senator sues the Tattler for libel, which fault or culpability standard applies? Why?

Accepted Answer

The answer of The Daily Tattler, a supermarket-checkout-counter tabloid, says...

Question 19

Which of the following is generally true regarding the tort of conversion?

Accepted Answer

In any case of conversion,the necessary intent is merely the intent to exercise dominion or control over the property.It is therefore possible for the defendant to be liable if she buys or sells stolen property in good faith.

Question 20

Which of the following draws on the personal property right connected with a person's identity and her exclusive right to control it?

Accepted Answer

Commercially using someone's name without their permission is an infringement of their personal property right connected to their identity and their exclusive right to control it. The other options may be considered as violations of other rights like freedom of speech or defamation.

Quiz 6: Intentional Torts