Question 1

Which of the following would be the most appropriate cause of action,if any,against Annette based upon the farm animals and the music?

Accepted Answer

A)   Trespass to property.
B)   Harassment.
C)   Private nuisance.
D)   Negligence.
E)   No cause of action is appropriate because Annette is entitled to use her property as she sees fit.F) A) and E)
G) C) and E)

Question 2

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

Accepted Answer

A)   Attributing characteristics or beliefs to a person that he or she does not possess.
B)   Disclosing private facts about a person in order to obtain some sort of personal gain.
C)   Defaming a person with actual malice.
D)   Defaming a public figure.
E)   Defaming a public figure for personal gain.F) A) and B)
G) All of the above

Question 3

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

A)   Jane is completely within her rights and has done nothing wrong because Sam really is playing the stereo late at night.
B)   Sam can sue Jane for malicious prosecution and win only if he wins the nuisance action.
C)   Sam can sue Jane for abuse of process and win only if he wins the nuisance action.
D)   Sam can sue Jane for malicious prosecution and win regardless of whether or not he wins the nuisance action.
E)   Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance action.F) A) and E)
G) A) and B)

Question 4

Which of the following is true regarding the intent needed for an intentional tort?

Accepted Answer

A)   The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another.
B)   The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical injury to another. Economic injury is insufficient.
C)   The intent at issue is intent to harm that results in an injury, physical or economic, to another.
D)   The intent at issue is intent to harm that results in physical injury to another. Economic injury is insufficient.
E)   The intent at issue is not intent to harm and is not intent to engage in a specific act. Instead, negligence will suffice.F) C) and D)
G) None of the above A

Question 5

As far as the editorial is concerned,which of the following is true in regards to Maryann's statement that Candy cannot recover because she cannot show loss of income?

Accepted Answer

A)   Maryann is correct.
B)   Maryann is correct only if she can establish that she did not intend to cause economic loss to Candy.
C)   Maryann is incorrect because her actions would be considered liable per se.
D)   Maryann is incorrect because general damages would be presumed.
E)   Maryann is incorrect because Candy has proven special damages.F) B) and D)
G) A) and B)

Question 6

What action would William have against Annette for taking the rake?

Accepted Answer

A)   Trespass to property.
B)   Conversion.
C)   Private nuisance.
D)   Negligence.
E)   Harassment.F) None of the above
G) A) and E)

Question 7

Discuss 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 are...

Question 8

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

Accepted Answer

A)   Truth but not privilege.
B)   Privilege but not truth.
C)   Need and truth.
D)   Need, truth and privilege.
E)   Truth and privilege.F) A) and D)
G) All of the above

Question 9

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

A)   The Internet Communications Act of 2000.
B)   The Interactive Computer Services Protection Act of 2004.
C)   The Communications Decency Act of 1996.
D)   The Internet Communications Protection Act of 1998.
E)   The Blog Protection Act of 2001.F) None of the above
G) All of the above

Question 10

Which of the following is not a typical type of compensatory damage?

Accepted Answer

A)   Pain and suffering.
B)   Cost to repair damaged property.
C)   Medical expenses.
D)   Lost wages.
E)   Damages to punish the defendant for wrongdoing.F) None of the above
G) A) and E) E

Question 11

Which of the following is defamation of a business product or service?

Accepted Answer

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

Question 12

A(n) _________ occurs when one person places another in fear or apprehension of an immediate,offensive bodily contact.

Accepted Answer

A)   Battery
B)   Assault
C)   Assault and battery
D)   Negligence
E)   Strict responsibilityF) A) and E)
G) None of the above

Question 13

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A)   with actual malice
B)   negligently
C)   in print
D)   publicly
E)   to an employerF) A) and B)
G) A) and C)

Question 15

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

Accepted Answer

A)   Nominal
B)   Compensatory
C)   Punitive
D)   Retaliatory
E)   RevengeF) C) and D)
G) None of the above C

Question 16

Millie's action in jabbing Bernard after she missed his nose,constitutes which of the following?

Accepted Answer

A)   Battery.
B)   Nothing because the conduct would not be deemed offensive.
C)   Nothing because she missed the nose, and Bernard was not actually hurt.
D)   Nothing because by entering Millie's yard, Bernard consented to any offensive touching.
E)   Nothing because Bernard deserved what he got.F) All of the above
G) A) and E)

Question 17

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

A)   Intrusion on an individual's affairs or seclusion.
B)   Assault.
C)   Public disclosure of private facts.
D)   False light invasion of property.
E)   Commercial appropriation.F) B) and E)
G) B) and D)

Question 18

Millie's threat to punch Bernard in the nose and her action in raising back her arm in support constitute a[n] _______________.

Accepted Answer

A)   Assault and battery
B)   Battery
C)   Assault
D)   Justified retribution
E)   NegligenceF) C) and D)
G) All of the above

Question 19

Consent,if proven,is a defense to battery.

Accepted Answer

A) True 
 B)False

Question 20

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.

Accepted Answer

A) True 
 B)False

Exam 8: Tort Law

Which of the following would be the most appropriate cause of action,if any,against Annette based upon the farm animals and the music?

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

Correct Answer
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Correct Answer
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Which of the following is true regarding the intent needed for an intentional tort?

Correct Answer
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A

As far as the editorial is concerned,which of the following is true in regards to Maryann's statement that Candy cannot recover because she cannot show loss of income?

Correct Answer
verified

What action would William have against Annette for taking the rake?

Correct Answer
verified

Discuss 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
verified
In the case of libel,general damages are...
View Answer

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

Correct Answer
verified

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?

Correct Answer
verified

Which of the following is not a typical type of compensatory damage?

Correct Answer
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E

Which of the following is defamation of a business product or service?

Correct Answer
verified

A(n) _________ occurs when one person places another in fear or apprehension of an immediate,offensive bodily contact.

Correct Answer
verified

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
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C

Millie's action in jabbing Bernard after she missed his nose,constitutes which of the following?

Correct Answer
verified

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?

Correct Answer
verified

Millie's threat to punch Bernard in the nose and her action in raising back her arm in support constitute a[n] _______________.

Correct Answer
verified

Consent,if proven,is a defense to battery.

Correct Answer
verified

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.

Correct Answer
verified

Exam 8: Tort Law

Which of the following would be the most appropriate cause of action,if any,against Annette based upon the farm animals and the music?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is true regarding the intent needed for an intentional tort?

Correct AnswerverifiedA

As far as the editorial is concerned,which of the following is true in regards to Maryann's statement that Candy cannot recover because she cannot show loss of income?

Correct AnswerverifiedShow Answer

What action would William have against Annette for taking the rake?

Correct AnswerverifiedShow Answer

Discuss 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 are...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Which of the following is not a typical type of compensatory damage?

Correct AnswerverifiedE

Which of the following is defamation of a business product or service?

Correct AnswerverifiedShow Answer

A(n) _________ occurs when one person places another in fear or apprehension of an immediate,offensive bodily contact.

Correct AnswerverifiedShow Answer

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedC

Millie's action in jabbing Bernard after she missed his nose,constitutes which of the following?

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Millie's threat to punch Bernard in the nose and her action in raising back her arm in support constitute a[n] _______________.

Correct AnswerverifiedShow Answer

Consent,if proven,is a defense to battery.

Correct AnswerverifiedShow Answer

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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A

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In the case of libel,general damages are...
View Answer

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E

Correct Answer
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C

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