Question 1

For an intentional tort to occur, the plaintiff must show the common element of ________.

Accepted Answer

A)   negligence
B)   mistake
C)   intent
D)   carelessness
E)   There is no common element for all intentional torts.F) A) and E)
G) C) and E)

Question 2

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

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.F) B) and E)
G) B) and C)

Question 3

Which of the following involves making a false statement about a business product or service that results in a loss of sales?

Accepted Answer

A)   Disparagement.
B)   Interference with a contract.
C)   Conversion.
D)   Derogation.
E)   Abuse of title.F) None of the above
G) A) and B)

Question 4

Reinforcing a vision of a just society is one of the purposes of tort law.

Accepted Answer

A) True 
 B)False

Question 5

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?

Accepted Answer

A)   Justified imprisonment.
B)   Qualified imprisonment.
C)   Reasonable detention.
D)   False imprisonment.
E)   No tort was committed, Kelly had the right to detain Juan.F) A) and B)
G) C) and E)

Question 6

Jacob calls Nick on the telephone and threatens to come over and break his nose. Which of the following is true?

Accepted Answer

A)   Jacob's conduct constitutes a battery.
B)   Jacob's conduct constitutes an assault.
C)   Jacob's conduct constitutes both a battery and an assault.
D)   Jacob's conduct does not constitute an assault because there is no risk of immediate bodily harm.
E)   Jacob's conduct does not constitute an assault because there was no physical contact.F) B) and D)
G) B) and C)

Question 7

________ damages are awarded to punish the defendant and to deter others from similar conduct.

Accepted Answer

A)   Punitive
B)   Compensatory
C)   Nominal
D)   Retaliatory
E)   RevengeF) B) and C)
G) All of the above

Question 8

[Hair Stylist Woes] Ryan, a college student, went to see his hair stylist, Melissa. Ryan, who had black, curly hair, requested straight, blond hair. Melissa told him that she could make those changes, but that there would be significant upkeep involved. Melissa made the changes, but Ryan did not do the upkeep required. Ryan proceeded to falsely claim that Melissa did not do what Ryan asked her to do, that Melissa lied to him, and that Melissa was professionally incompetent. Ryan made the statements about Melissa to friends of his. He also wrote a letter to his college newspaper saying that Melissa's shop should be avoided at all costs because Melissa was incompetent. In fact, Melissa was a good hair stylist and enjoyed a good reputation up until the time that Ryan started his criticism. Melissa threatened to sue Ryan for defamation, but Ryan told Melissa that she could not prevail because she could not prove loss of income. Melissa had to admit that while her reputation had been damaged somewhat and she felt embarrassed and humiliated, the damage was primarily among the college population. Her income kept increasing from other segments of the community, and she had suffered no net loss. All her appointment times were booked for weeks ahead.
-Which of these apply to the defamation printed in the school newspaper?

Accepted Answer

A)   It is libel but not slander.
B)   It is slander but not libel.
C)   It is both libel and slander.
D)   No tort was committed because an editorial, not a formal news report, was involved.
E)   No tort was committed because the falsehood involved matters of appearance, not business-related matters.F) A) and D)
G) C) and E)

Question 9

Peter brings in a baseball bat to hit Mary because he is mad at her. When he arrives, Mary is sleeping. He lines up the baseball bat with her head and whispers that he is about to take a swing. She does not wake up, and before he hits her, he changes his mind and quietly leaves before Mary realizes he has arrived. Mary later finds out and sues for assault. Is she successful?

Accepted Answer

A)   Yes, because she was at risk of immediate, offensive bodily contact.
B)   Yes, because Peter's actions caused apprehension of immediate, offensive bodily contact.
C)   Yes, because Peter intended to place Mary at risk of unwanted and offensive contact.
D)   No, but she would have been successful in suing for battery.
E)   No, because she was sleeping and thus not in fear or apprehension of an immediate, offensive bodily contact.F) B) and C)
G) A) and E)

Question 10

You and your neighbor Hammy are arguing about trespass to realty. Which of the following situations is not associated with the tort of trespass to realty?

Accepted Answer

A)   When a person intentionally enters the land of another without permission.
B)   When a person intentionally causes an object to be placed on the land of another without the landowner's permission.
C)   When a person stays on the land of another when the owner tells him to leave.
D)   When a person refuses to remove something he placed on the property that the owner asked him to remove.
E)   When a person accidentally places something on the land of another.F) A) and E)
G) A) and D)

Question 11

[Pet Police] Min-ji breeds German Shepherd dogs. Daniel, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Daniel allowed Casanova to roam freely. Unfortunately, Casanova went to visit Min-ji's purebred German Shepherd. Mixed breed puppies resulted from the visit. Min-ji was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time an animal entered her property. Daniel and some of the other neighbors took offense. Daniel came to Min-ji's house while she was working in the yard. He walked behind her and shoved her. Min-ji did not see him coming. Min-ji turned around and proceeded to have a heated conversation with Daniel. Min-ji then drew her fist back and told Daniel that she was going to punch him in the nose. Min-ji raised back her arm and started to punch Daniel but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Liz, who was walking by on the street, saw Min-ji attempting to hit Daniel. Liz came over and grabbed Min-ji's hands, pinning Min-ji 's hands behind her back.
-Which statement is true regarding Liz's actions toward Min-ji?

Accepted Answer

A)   Liz committed an assault.
B)   Liz committed a battery.
C)   Liz committed both an assault and a battery.
D)   Liz did not commit any offense because she did not actually hurt Min-ji.
E)   Liz did not commit any offense because she was acting in the defense of Daniel.F) C) and D)
G) A) and B)

Question 12

Which statement is true regarding tort litigation?

Accepted Answer

A)   Tort litigation has been declining gradually since 1990.
B)   Tort litigation has increased steadily since 1990.
C)   Tort litigation has remained constant with no real change in numbers since 1990.
D)   Tort litigation increased significantly in the 1990s but has declined in the last two years.
E)   Tort litigation decreased in the 1990's but has increased steadily since the year 2000.F) A) and E)
G) All of the above

Question 13

Which type of tort is the most willful of torts?

Accepted Answer

A)   Intentional torts.
B)   Strict liability torts.
C)   Negligence torts.
D)   Assault and battery.
E)   Slander.F) C) and D)
G) A) and E)

Question 14

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

Accepted Answer

A)   Austin has committed a battery.
B)   Austin has committed both an assault and a battery.
C)   Austin has not committed an assault or a battery because he acted in self-defense.
D)   Austin cannot rely on self-defense because he was involved in the argument and not completely innocent.
E)   Austin cannot rely upon self-defense because his life was not in danger.F) D) and E)
G) B) and E)

Question 15

A false statement of a material fact regarding ownership of business property that results in a loss of sales for the business is referred to as ________.

Accepted Answer

A)   Slander of quality
B)   Trade libel
C)   Libel of title
D)   Slander of title
E)   Libel of saleF) B) and E)
G) A) and C)

Question 16

What type of tort occurs when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm?

Accepted Answer

A)   Criminal
B)   Liability
C)   Intentional
D)   Negligent
E)   Strict-liabilityF) B) and E)
G) B) and D)

Question 17

Explain what is needed in order to establish damages in defamation actions. Address whether special proof is needed and, if so, under what circumstances.

Accepted Answer

In the case of libel, general damages ar...

Question 18

What are the three categories of intentional torts?

Accepted Answer

A)   Torts against decency, torts against reputation, torts against persons.
B)   Torts against public policy, torts against property, torts against reputation.
C)   Torts against persons, torts against property, torts against economic interest.
D)   Torts against persons, torts against businesses, torts against the government.
E)   Assault, battery, defamation.F) B) and C)
G) B) and E)

Question 19

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

Accepted Answer

A)   Apprehension and fear are the same thing.
B)   A person may be in apprehension of physical harm, even if the person is too courageous to actually be afraid of that physical harm.
C)   Actual injury is necessary for valid apprehension to be proven.
D)   The test for assault involves subjective apprehension, not reasonable apprehension.
E)   There is no requirement that the apprehension be of immediate physical contact.F) B) and C)
G) B) and E)

Question 20

Paula worked for a department store that specialized in women's high-end lingerie. As she was working one day she noticed a miniature light protruding from behind a mirror in the dressing room. As she moved the mirror to get a better look at the light, she noticed a recording device. Thomas, her supervisor, quickly told her that the recording device was a security camera, however, the recording device actually belonged to Thomas. Has Thomas committed a tort?

Accepted Answer

A)   No, he was protecting the store's merchandise.
B)   No, since he is a supervisor, he has the right to record people in the dressing rooms.
C)   Yes, Thomas has committed fraud.
D)   Yes, Thomas has committed the tort of intrusion on an individual's affairs.
E)   Yes, Thomas has committed the tort of false light.F) A) and C)
G) A) and B)

Exam 8: Tort Law

Correct Answer
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Correct Answer
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You and your neighbor Hammy are arguing about trespass to realty. Which of the following situations is not associated with the tort of trespass to realty?

Correct Answer
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Explain what is needed in order to establish damages in defamation actions. Address whether special proof is needed and, if so, under what circumstances.

Correct Answer
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In the case of libel, general damages ar...
View Answer

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

Correct Answer
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Correct Answer
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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?

Correct Answer
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Which of the following involves making a false statement about a business product or service that results in a loss of sales?

Correct Answer
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Which type of tort is the most willful of torts?

Correct Answer
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Which statement is true regarding tort litigation?

Correct Answer
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Correct Answer
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What are the three categories of intentional torts?

Correct Answer
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Reinforcing a vision of a just society is one of the purposes of tort law.

Correct Answer
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Jacob calls Nick on the telephone and threatens to come over and break his nose. Which of the following is true?

Correct Answer
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What type of tort occurs when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm?

Correct Answer
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For an intentional tort to occur, the plaintiff must show the common element of ________.

Correct Answer
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________ damages are awarded to punish the defendant and to deter others from similar conduct.

Correct Answer
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A false statement of a material fact regarding ownership of business property that results in a loss of sales for the business is referred to as ________.

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

Correct Answer
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Exam 8: Tort Law

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

You and your neighbor Hammy are arguing about trespass to realty. Which of the following situations is not associated with the tort of trespass to realty?

Correct AnswerverifiedShow Answer

Explain what is needed in order to establish damages in defamation actions. Address whether special proof is needed and, if so, under what circumstances.

Correct AnswerverifiedIn the case of libel, general damages ar...View AnswerShow Answer

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Which of the following involves making a false statement about a business product or service that results in a loss of sales?

Correct AnswerverifiedShow Answer

Which type of tort is the most willful of torts?

Correct AnswerverifiedShow Answer

Which statement is true regarding tort litigation?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

What are the three categories of intentional torts?

Correct AnswerverifiedShow Answer

Reinforcing a vision of a just society is one of the purposes of tort law.

Correct AnswerverifiedShow Answer

Jacob calls Nick on the telephone and threatens to come over and break his nose. Which of the following is true?

Correct AnswerverifiedShow Answer

What type of tort occurs when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm?

Correct AnswerverifiedShow Answer

For an intentional tort to occur, the plaintiff must show the common element of ________.

Correct AnswerverifiedShow Answer

________ damages are awarded to punish the defendant and to deter others from similar conduct.

Correct AnswerverifiedShow Answer

A false statement of a material fact regarding ownership of business property that results in a loss of sales for the business is referred to as ________.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
verified
In the case of libel, general damages ar...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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