Question 1

Tort law is primarily state law.

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

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.F) A) and B)
G) A) and C)

Question 3

Susie Starr,a highly successful movie star in both the United States and the United Kingdom is concerned because a tabloid based in the United States with distribution in both the United States and the United Kingdom falsely claimed that she has a problem with alcohol and had an affair with best friend's husband.She is considering a lawsuit for defamation.She asked you whether it would be easier to win the case in the United States or in the United Kingdom.What would you tell her and why? How does the defamation law of the United Kingdom differ from that of the U.S.? Also discuss whether Susie has an option to sue in the United Kingdom since the tabloid is published in the United States.

Accepted Answer

It would be easier for her to win the ca...

Question 4

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)   Simple
B)   Complex
C)   Defamation
D)   Absolute
E)   CompoundedF) A) and B)
G) A) and C)

Question 5

Which of the following would constitute false imprisonment?

Accepted Answer

A)   Threatening to use immediate physical force to detain someone; refusing to release property; and 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; and 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 and threatening to use immediate physical force, but not refusing to release property or moral pressure.F) A) and C)
G) A) and B)

Question 6

Explain the concept of absolute privilege in the context of defamation and set forth the two situations listed in the text in which it is applied.Discuss whether you believe each category of absolute privileges should be eliminated.

Accepted Answer

When an absolute privilege exists,one ca...

Question 7

Explain the fair report privilege in relation to defamation and list the conditions required for it to apply.

Accepted Answer

A conditional privilege recognized in so...

Question 8

What did the court rule in regard to the plaintiff's claim of intentional infliction of emotional distress in Olson v.CenturyLink,the case in the text in which the plaintiff alleged that representatives of the defendant,a provider of telephone services,wrongly failed to process his application,disconnected his telephone service,and hung up on him during telephone conversations?

Accepted Answer

A)   That the conduct complained of by the plaintiff failed to meet the level of conduct required for a finding of the intentional infliction of emotional distress.
B)   That the plaintiff's complaint regarding the disconnection of his telephone service was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
C)   That the plaintiff's complaint regarding the refusal to process his application was sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
D)   That the plaintiff's complaint regarding representatives hanging up on him were sufficient to support a claim of intentional infliction of emotional distress but that the plaintiff's other allegations were insufficient to support an award based on the tort of the intentional infliction of emotional distress.
E)   That the plaintiff would be allowed to proceed as to all allegations because they were all adequate to support a verdict based on the intentional infliction of emotional distress.F) A) and D)
G) A) and C)

Question 9

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

A)   Forcible detention.
B)   False imprisonment.
C)   Qualified imprisonment.
D)   Contained detention.
E)   False detention.F) B) and D)
G) C) and D)

Question 10

When it comes to assault,apprehension and fear are considered as the same thing.

Accepted Answer

A) True 
 B)False

Question 11

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Accepted Answer

A)   Nominal
B)   Compensatory
C)   Punitive
D)   Retaliatory
E)   RevengeF) A) and E)
G) A) and C)

Question 12

The defamation printed in the school newspaper would be which of the following?

Accepted Answer

A)   Libel but not slander.
B)   Slander but not libel.
C)   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 C)
G) A) and B)

Question 13

_____ torts occur 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) A) and B)
G) A) and E)

Question 14

Statements made by Maryann to her friends that were defamatory of Candy are what type of defamation?

Accepted Answer

A)   Libel but not slander.
B)   Slander but not libel.
C)   Both libel and slander.
D)   No tort was committed because the statements were made only to friends of Maryann, not to business acquaintances of Candy.
E)   No tort was committed because the falsehood involved matters of appearance not business-related matters.F) B) and C)
G) None of the above

Question 15

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

Accepted Answer

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 a 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 a 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.F) B) and E)
G) None of the above

Question 16

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

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

Question 17

Which of the following is true regarding Sally's actions toward Millie?

Accepted Answer

A)   Sally committed an assault.
B)   Sally committed a battery.
C)   Sally committed both an assault and a battery.
D)   Sally did not commit any offense because she did not actually hurt Millie.
E)   Sally did not commit any offense because she was acting in the defense of Bernard.F) A) and E)
G) C) and E)

Question 18

Defense of property cannot be a defense to a claim of battery.

Accepted Answer

A) True 
 B)False

Question 19

As far as the statements made to her friends are concerned,which of the following is true in regards to Maryann's statement that Candy cannot recover because Candy has not suffered a loss of income?

Accepted Answer

A)   Maryann is correct.
B)   Maryann is correct only if she can show that she did not intend to cause Candy loss of income.
C)   Maryann is incorrect because her statements constituted slander per se.
D)   Maryann is incorrect because general damages will be presumed.
E)   Maryann is incorrect but only because Candy cannot establish liable per se.F) All of the above
G) C) and D)

Question 20

________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely,no matter what precautions the defendant takes.

Accepted Answer

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

Exam 8: Tort Law

Which of the following is true regarding Sally's actions toward Millie?

Correct Answer
verified

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

Correct Answer
verified

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?

Correct Answer
verified

As far as the statements made to her friends are concerned,which of the following is true in regards to Maryann's statement that Candy cannot recover because Candy has not suffered a loss of income?

Correct Answer
verified

________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely,no matter what precautions the defendant takes.

Correct Answer
verified

When it comes to assault,apprehension and fear are considered as the same thing.

Correct Answer
verified

_____ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm.

Correct Answer
verified

The defamation printed in the school newspaper would be which of the following?

Correct Answer
verified

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

Correct Answer
verified

Explain the fair report privilege in relation to defamation and list the conditions required for it to apply.

Correct Answer
verified
A conditional privilege recognized in so...
View Answer

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Correct Answer
verified

Tort law is primarily state law.

Correct Answer
verified

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

Correct Answer
verified

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.

Correct Answer
verified

Which of the following would constitute false imprisonment?

Correct Answer
verified

Explain the concept of absolute privilege in the context of defamation and set forth the two situations listed in the text in which it is applied.Discuss whether you believe each category of absolute privileges should be eliminated.

Correct Answer
verified
When an absolute privilege exists,one ca...
View Answer

Correct Answer
verified

Correct Answer
verified
It would be easier for her to win the ca...
View Answer

Statements made by Maryann to her friends that were defamatory of Candy are what type of defamation?

Correct Answer
verified

Defense of property cannot be a defense to a claim of battery.

Correct Answer
verified

Exam 8: Tort Law

Which of the following is true regarding Sally's actions toward Millie?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

As far as the statements made to her friends are concerned,which of the following is true in regards to Maryann's statement that Candy cannot recover because Candy has not suffered a loss of income?

Correct AnswerverifiedShow Answer

________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely,no matter what precautions the defendant takes.

Correct AnswerverifiedShow Answer

When it comes to assault,apprehension and fear are considered as the same thing.

Correct AnswerverifiedShow Answer

_____ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm.

Correct AnswerverifiedShow Answer

The defamation printed in the school newspaper would be which of the following?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Explain the fair report privilege in relation to defamation and list the conditions required for it to apply.

Correct AnswerverifiedA conditional privilege recognized in so...View AnswerShow Answer

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Correct AnswerverifiedShow Answer

Tort law is primarily state law.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

Which of the following would constitute false imprisonment?

Correct AnswerverifiedShow Answer

Explain the concept of absolute privilege in the context of defamation and set forth the two situations listed in the text in which it is applied.Discuss whether you believe each category of absolute privileges should be eliminated.

Correct AnswerverifiedWhen an absolute privilege exists,one ca...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedIt would be easier for her to win the ca...View AnswerShow Answer

Statements made by Maryann to her friends that were defamatory of Candy are what type of defamation?

Correct AnswerverifiedShow Answer

Defense of property cannot be a defense to a claim of battery.

Correct AnswerverifiedShow 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
verified

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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A conditional privilege recognized in so...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
When an absolute privilege exists,one ca...
View Answer

Correct Answer
verified

Correct Answer
verified
It would be easier for her to win the ca...
View Answer

Correct Answer
verified

Correct Answer
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