Complete Test Bank Chapter 6 Intentional Torts

Business Law, 17e (Langvardt)

Chapter 6 Intentional Torts

1) The standard of proof in a tort case is the preponderance of the evidence standard.

2) A tort is a civil wrong, which is also the same as breach of contract.

3) With a tort, the government, either the State or Federal, prosecutes an individual for a harm to society.

4) Under the principle of respondeat superior, an employer is not liable for torts committed by employees.

5) Punitive damages are not meant to compensate victims for their injuries.

6) For a battery to exist, the plaintiff must be aware of a harmful or offensive contact at the time that contact occurs.

7) A valid defense for battery is the free and intelligent consent given.

8) If one party threatens to commit battery on another individual tomorrow, then this is an assault today.

9) In the case of false imprisonment, the plaintiff must be under confinement for a long period of time.

10) Television and radio broadcasts usually are classified as slander rather than libel because they involve spoken words rather than written ones.

11) Generally speaking, statements made during judicial proceedings are absolutely privileged and, therefore, shield the speaker against defamation liability.

12) Defamation liability requires publication of the defamatory statement to an appreciable number of people.

13) Pam, a public figure, sues a newspaper for defamation based on statements regarding her stance on a public issue. Pam must prove the newspaper had actual malice in order to recover any damage.

14) To prove actual malice in a defamation claim, the plaintiff must show that the defendant either had knowledge of the falsity of the statement or reckless disregard for the truth.

15) If one individual opens the mail of another without permission to do so, then the injured party can sue under the tort law theory of invasion of privacy.

16) If one individual signed another's name to a petition for a political and social issue that the person had deep moral objections to, the injured party could sue under the theory of invasion of privacy.

17) The tort of malicious prosecution affords a remedy when the defendant mounted a wrongful and unjustifiable civil suit against the plaintiff.

18) Sounds that reverberate across the plaintiff's land are more likely to be classed as a nuisance than as a trespass to land.

19) To be liable for conversion, the defendant must know that the property rightfully belongs to someone else.

20) Nuisance involves the physical invasion of another's property.

21) In Banks v. Lockhart, the case in the text, at issue was whether the trial court erred when it denied the defendant's request for a remittitur. A remittitur is:

A) a demand that the jury demonstrate how it calculated damages to determine their validity.

B) a retrial based on the same facts but leaving the issue of damages to the judge.

C) a ruling by the court that the jury's damages award was excessive.

D) a directed verdict because the evidence did not prove a prima facie case of battery.

22) ________ is defined as the desire to cause certain consequences or the substantial certainty that those consequences will result from one's behavior.

A) Intent

B) Negligence

C) Liability

D) Battery

23) ________ is the failure to use reasonable care, with harm to another party occurring as a result.

A) Assault

B) Recklessness

C) Negligence

D) Liability

24) What is the standard of proof that the plaintiff must satisfy in a tort case?

A) Preponderance of the evidence

B) Beyond a reasonable doubt

C) Benefit of assumption

D) Burden of proof

25) What type of damages are awarded to an injured party in a tort case to cover damages for the harm that the injured party suffered?

A) Compensatory Damages

B) Punitive Damages

C) Criminal Fines

D) Liquidated Damages

26) ________ are intended to punish flagrant wrongdoers and to deter them.

A) Compensatory damages

B) Punitive damages

C) Liquidated damages

D) Tort damages

27) Melissa hurls a rock with the intent to hit Dave, with whom she has just fought. The rock hits Stacey, instead, who is sitting next to Dave. Melissa is liable for battery under the theory of:

A) conversion.

B) private nuisance.

C) actual malice.

D) transferred intent.

28) Davis throws a dagger at Smith, intending to kill him. However, the dagger misses Smith and strikes the hat on Potter's head. The dagger does not make contact with Potter's body. Unharmed but finding the whole thing offensive, Potter sues Davis for battery. Which of the following is most true?

A) Davis is not liable because he did not intend to make contact with Potter.

B) Davis is liable to Potter for negligence.

C) Davis is not liable because Potter did not suffer any physical harm.

D) Davis is liable to Potter for battery.

29) The necessary intent for assault is the same as that required for battery, which is to cause:

A) loss of reputation.

B) offensive contact.

C) conversion of one's property.

D) contractual breach.

30) In an assault case, it is irrelevant:

A) whether the threatened contact actually occurs.

B) whether there is any intent or not.

C) whether there is an apprehension of harmful contact.

D) whether there is any reasonable apprehension of imminent battery.

31) Which tort defined in the Restatement (Second) of Torts requires behavior that is "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency?"

A) Battery

B) Assault

C) Intentional Infliction of Emotional Distress

D) Conversion of Property

32) Which of the following characterizes false imprisonment?

A) Unintentional confinement of a person with consent

B) Partial confinement of a person by blocking an exit, when several exist

C) Intentional confinement of a person with consent

D) Unfounded assertion of legal authority to detain a person

33) Store owners' conditional privilege defense against intentional tort claims brought by detained shoplifting suspects, recognized by most states, usually:

A) requires that the store owner act with police consent.

B) requires that the store owner act with written consent of suspects.

C) requires that the store owner act on evidence against suspects.

D) requires that the store owner act with reasonable cause.

34) Jack was an employee of ABC Corp. Harry, the president of ABC, had reasonable grounds to believe that Jack had stolen money from the corporation. ABC fired Jack. One month later, Jack applied for employment at DEF Corp. The vice president for human relations at DEF contacted Harry and asked about Jack's performance at ABC. Harry responded, "I believe that Jack stole money while working here." DEF declined to hire Jack. Jack later discovered what Harry said, and is now suing Harry for defamation. What is the likely outcome of this case?

A) Jack will win because Harry's statement harmed him.

B) Jack will win because Harry did not have absolute proof that Jack had stolen money.

C) Harry will win because he had a conditional privilege to make that statement.

D) Harry will win because he had an absolute privilege to comment on a former employee's performance.

35) Which of the following is slander rather than libel?

A) A defamatory statue

B) An oral defamatory statement

C) A defamatory magazine article

D) A defamatory TV broadcast

36) Libel is distinct from slander, in that, libel:

A) involves views on public figures.

B) involves only content in print.

C) involves only content on the Internet.

D) is more permanent in nature.

37) Traditionally, the common law has allowed plaintiffs to recover for libel without proof of ________.

A) punitive damages

B) criminal damages

C) liquidated damages

D) actual damages

38) An essential element of the tort is that the alleged defamatory statement must be "of and concerning" the plaintiff. Why?

A) It is extremely difficult to prove.

B) It places a burden on the defendant.

C) It aims to protect reputation.

D) It concerns public figures.

39) Humorous or satirical accounts ordinarily are not considered to be defamation unless:

A) a reasonable reader believes them to be real events.

B) they are political in nature.

C) the plaintiff can prove that they are about him/her.

D) they expressly state so.

40) Adam published his personal opinion about the current condition of politics stating, "Though the government is unable to fulfill the demands of the public, they demand votes; they really are beggars on streets." Can politicians sue him for defamation under tort?

A) No, because as a general rule the material in a newspaper is totally exempted.

B) Yes, because defamation in a newspaper is always a tort.

C) Yes, because Adam wrote even though he did not have authority.

D) No, because statements of pure opinion do not amount to defamation.

41) In general, liability for defamation requires:

A) widespread communication of the defamatory statement.

B) communication of the defamatory statement from the plaintiff herself.

C) publication of the defamatory statement.

D) the identification of the source of the defamatory statement.

42) Books are Us (BU), a bookstore, is being sued for defamation after it sold a book containing false, defamatory statements about the plaintiff. What is BU's best defense to this lawsuit?

A) BU is not the publisher of the book.

B) BU did not intend to harm the plaintiff.

C) BU had no knowledge of the contents of the book.

D) BU did not violate any criminal law or regulation in selling the book.

43) Dave tells Dora that Phil, a financial advisor, has been stealing money from his clients. Dora then repeats Dave's statement to Tom, telling Tom that the information comes from Dave. All these statements are oral, defamatory, and false. Phil sues Dave and Dora for defamation. Which of the following is true? (Don't consider defenses and privileges.)

A) Phil can recover against Dave and Dora without proving special damages.

B) Because Dora only repeated Dave's statement and identified Dave as its author, she can't be liable to Phil.

C) Because Dave only communicated his statement to Dora, and not to an appreciable number of people, he cannot be liable to Phil.

D) Phil must prove special damages in order to recover against Dave and Dora.

44) A(n) ________ shields the author of a defamatory statement regardless of his/her knowledge, motive, or intent.

A) demurrer

B) transferred intent

C) intentional tort

D) absolute privilege

45) Which of the following is an example of the privilege of statements made to protect or further the legitimate interests of another?

A) Employment reference

B) Intracorporate communications

C) Accurate media reports

D) Opinion polls

46) The difference between a public figure and a private figure regarding defamation cases is that:

A) only the public figure can file a case.

B) the private figure generally loses such cases.

C) the public figure has to prove actual malice.

D) the private figure does not enjoy conditional privileges.

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

A) damages due to defamation.

B) actual malice.

C) defendant made the statements.

D) the actual statements were untrue.

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

A) Statements that a U.S. Senator had someone killed while in office.

B) Statements that Madonna had someone killed.

C) A statement that you or I murdered an innocent person during a robbery.

D) A credit report on a construction contractor.

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

A) A public official plaintiff involved in a subject of public concern

B) A public figure plaintiff involved in a subject of private concern

C) A private figure plaintiff involved in a subject of public concern

D) A private figure plaintiff involved in a subject of private concern

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

A) Using binoculars to look from your apartment into a neighbor's bedroom.

B) Tapping someone's telephone, because this is a nonphysical intrusion.

C) Examining someone's bank account.

D) Examining public records concerning a person.

51) Which of the following is true of ‘invasion of privacy'?

A) Public figures do not enjoy any right to privacy.

B) There are four distinct torts related to it.

C) It is a subject of the Second Amendment of the U.S. Constitution.

D) Examining a person's public records amounts to an invasion of privacy.

52) Which of the following is NOT one of the four distinct torts that make up the invasion of privacy cause of action?

A) Intrusion on Solitude

B) Breach of Contract

C) Public Disclosure of Private Facts

D) False Light Publicity

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

A) Saying that a philosopher favors Plato's philosophy over Aristotle's, when in fact the reverse is true.

B) Falsely saying that an anti-abortion activist favors a candidate that is conservative and is anti-abortion.

C) Falsely saying that an anti-abortion activist favors giving parents a right of infanticide for all children less than one year old.

D) Signing a conservative Christian clergyman's name to a petition advocating greater sexual freedom for homosexuals which the clergyman supports the petition in private.

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

A) Writing a political editorial on a public figure

B) Signing a person's name on a petition that he/she is against

C) Commercially using someone's name

D) Spreading malicious gossip about a well-known person

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

A) defamation.

B) conversion.

C) interference.

D) libel.

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

A) Using the work of an unknown artist to illustrate the T-shirts one makes and sells

B) Using the picture of the owner to sell beer at a pub

C) Using a picture of a racecar to sell chewing tobacco

D) Using Madonna's name to sell women's apparel

57) ________ affords a remedy for the wrongful institution of criminal proceedings.

A) Abuse of process

B) Malicious prosecution

C) Wrongful use of civil proceedings

D) Deceit

58) 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:

A) abuse of process.

B) malicious prosecution.

C) defamation.

D) deceit.

59) Ann is troubled with the noise of an 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?

A) No, because it is reasonable noise.

B) No, because generator is not Ann's personal property.

C) No, because Ann cannot interfere with Jose's personal matters.

D) Yes, because the noise is interfering with Ann's use and enjoyment of her land.

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

A) Firing a machine gun through an adjoining landowner's airspace.

B) Allowing thick smoke from your manufacturing operations to continually drift over an adjoining landowner's land.

C) Leaving smelly, unsanitary garbage on your ex-landlord's land after the expiration of your lease.

D) Chasing another person onto an adjoining landowner's land.

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

A) Trespass

B) Nuisance

C) Conversion

D) Battery

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

A) It involves both real property (land and interests in land) and personal property.

B) As its name implies, conversion always involves the transformation of the plaintiff's property into something else—e.g., its destruction, alteration, etc.

C) A defendant who buys or sells stolen property may be liable for conversion even if she does so in good faith and without knowledge of the theft.

D) Conversion involves all interferences with the plaintiff's property rights—whether serious or nonserious.

63) In Mathias v. Accor Economy Lodging Inc., the case in the text, the court found that punitive damages were appropriate because:

A) the jury also awarded compensatory damages.

B) there was sufficient evidence of willful and wanton conduct (recklessness).

C) the hotel admitted that they sold rooms ridden with bedbugs to customers.

D) the hotel's bedbugs warning was insufficient.

64) In the case in the text, Durham v. McDonald's Restaurants of Oklahoma, Inc., the court looked to the concept of ________ to determine whether the plaintiff was bound by a prior court's decision that stated the defendant's conduct was "not severe."

A) evading review

B) ripeness

C) issue preclusion

D) mootness

65) Which of the following would not constitute trespass to land?

A) Playing loud music next door

B) Physically entering the plaintiff's land

C) Causing another person to enter the plaintiff's land

D) Invading the airspace above the land

66) For trespass to land, the plaintiff must show actual harm for:

A) all instance of trespass.

B) negligent trespass only.

C) reckless trespass only.

D) both reckless and negligent trespasses.

67) Where a plaintiff landowner's use and enjoyment of his land is interfered with by a harm and such harm is not common to the public generally, this is called a ________.

A) trespass to land

B) private nuisance

C) public nuisance

D) trespass to chattels

68) If the only harm a plaintiff landowner can demonstrate is the same one that the public in general has sustained as a result of the defendant's supposed nuisance, this would likely be an action for ________.

A) public nuisance

B) trespass to land

C) private nuisance

D) trespass to chattels

69) In the case in the text, Toyo Tire North America Manufacturing, Inc. v. Davis, the court held that:

A) The Davises can only recover for their past discomfort and annoyance.

B) The Davises can only recover for the diminution in their property value.

C) The Davises can potentially recover for their past discomfort and annoyance as well as the diminution in their property value.

D) The Davises can potentially recover the full price they paid for their property.

70) Which of the following is not an example of conversion?

A) Purchasing stolen property

B) Staying past the term of a residential lease

C) Moving the plaintiff's car

D) Selling stolen goods

71) Generally, the appropriate party to seek abatement of a public nuisance is:

A) the government.

B) the plaintiff's next-door neighbor.

C) the owner of an industrial power plant.

D) the company's board of directors.

72) Ken, a car mechanic, agreed to repair the bumper of Anne's car after it was destroyed in a fender-bender. Ken and Anne have been friends for a number of years. When Ken finishes the repair, he calls Anne to let her know her car is ready to be picked up and to ask her out on a date. Anne is excited that her car is finished but politely declines Ken's date invitation. Ken is upset and refuses to return Anne's car. If Anne sues Ken, he may be liable for:

A) trespass to chattels.

B) trespass to personal property.

C) conversion.

D) theft.

73) If there is a serious interference and conversion, the defendant is liable for:

A) half of the item's value.

B) the cost of an identical replacement and punitive damages.

C) the difference between the value before and after the conversion.

D) the full value of the property.

74) 74. In the context of conversion, if there is a nonserious interference, the defendant would most likely be liable for:

A) nuisance.

B) trespass to chattels.

C) trespass to land.

D) trespass to personal property.

75) William goes to Auto Imports and asks to test drive a new Aston Martin. While on the test drive, William wrecks the car, causing major damage. If Auto Imports sues William, what is the likely result?

A) William is liable for trespass to personal property and obligated to pay Auto Imports damages to compensate it for the loss in value of the car.

B) William is liable for trespass to personal property and obligated to pay Auto Imports the reasonable value of the car.

C) William is liable for conversion and obligated to pay Auto Imports the reasonable value of the car.

D) William is liable for conversion and obligated to pay Auto Imports damages to compensate it for its loss of use of the car.

76) Maria goes to Auto Mart to test drive a Corvette. While on the test drive, Maria is merely involved in a fender-bender. If Auto Mart sues Maria, what is the likely result?

A) Maria is liable for trespass to personal property and obligated to pay Auto Mart the reasonable value of the car.

B) Maria is liable for trespass to personal property and obligated to pay Auto Mart damages to compensate it for the loss in value of the car.

C) Maria is liable for conversion and obligated to pay Auto Mart damages to compensate it for its loss of use of the car.

D) Maria is liable for conversion and obligated to pay Auto Mart the reasonable value of the car.

77) Typically, those that voluntarily participate in sports have consented to the touching in such sports. However, this consent is limited to:

A) the rules of the sport.

B) what the plaintiff objectively believed was appropriate for the sport.

C) what the plaintiff subjectively believed was appropriate for the sport.

D) contacts that are a normal consequence of the activity.

78) In Farrell v. Macy's Retail Holdings, Inc., the case in the text, the court held that Macy's was not liable for false imprisonment because its employees:

A) acted subjectively reasonable under the circumstances.

B) recognized the Farrells and had suspected them to be shoplifters before.

C) noticed the plaintiffs had walked past all points of sale.

D) had probable cause to detain the Farrells and as such, was protected under the state's shopkeeper's statute.

79) Which of the following is not an example of slander per se?

A) False statements that the plaintiff is professionally incompetent

B) False statements that the plaintiff has committed a crime involving moral turpitude

C) False statements that the plaintiff has a loathsome disease

D) False statements that cause some special damage

80) As discussed in Neumann v. Liles, the case in the text, statements of pure opinion:

A) do not amount to defamation because they are not statements of "fact."

B) do not amount to defamation because they do not purport to be completely true.

C) amount to defamation when shared with at least one person.

D) are not protected under the First Amendment.

81) A party other than the person who initially made a defamatory statement may be liable along with the original speaker or writer if that other party served as a ________ of the defamatory falsehood but not if the other party was a mere ________.

A) publisher; distributor

B) distributor; listener

C) distributor; publisher

D) publisher; listener.

82) Which of the following is not an example of a conditional privilege in a defamation case?

A) Statements made to protect or further the legitimate interests of another

B) Statements made to promote a common interest

C) Statements that are characterized as fair comment

D) Statements that are the truth

83) In Bertrand v. Mullin, the case in the text, the court held that:

A) the evidence demonstrated that the defendant's failure to write the advertisement in a different way amounted to actual malice.

B) the evidence demonstrated that the defendant had a high degree of subjective awareness of falsity.

C) the evidence failed to show actual malice and the plaintiff could not establish a defamation claim.

D) the evidence failed to show that the defendant knowingly made a false statement.

84) In Obsidian Finance Group, LLC v. Cox, the case in the text, the court held that the Gertz negligence requirement for private defamation actions:

A) is limited to cases with intuitional media defendants.

B) is inapplicable to private figures in the media.

C) is not limited to cases with institutional media defendants.

D) is inapplicable to cases that involve public concern.

85) In the case in the text, Jordan v. Jewel Food Stores, Inc., the court reversed the trial courts judgment because:

A) the ad was a form of image advertising aimed at promoting goodwill for the store by exploiting public affection for Jordan during an auspicious moment in his career.

B) Jewel had an economic motivation for the speech.

C) Jewel's bold red logo was prominently featured in the center of the ad and was in a font size larger than any other on the page.

D) the ad was unclear and it did not appear Jewel was promoting any specific product.

86) 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 Bob, 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?

87) 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 is having trouble showing any tangible financial loss. Must Paul prove special damages in order to recover against Donna? Why or why not?

88) 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?

89) 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 a lot of abortion supporters.

90) 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 the tort of trespass to personal property?