Question 1

Defamation can be a civil or criminal action in China.

Accepted Answer

A) True 
 B)False

Question 2

List and explain the four different types of privacy torts.

Accepted Answer

The four privacy torts are 1)false light...

Question 3

Statements made by Ryan to his friends that were defamatory of Melissa are what type of defamation?

Accepted Answer

A)  Libel but not slander.
B)  Both libel and slander.
C)  No tort was committed because the statements were made only to friends of Ryan,not to business acquaintances of Candy.
D)  Slander but not libel.
E)  No tort was committed because the falsehood involved matters of appearance not business-related matters.F) C) and D)
G) C) and E)

Question 4

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 are...

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

In reference to the statements made to his friends,which of the following is true in regards to Ryan's remark that Melissa cannot recover because she has not suffered a loss of income?

Accepted Answer

A)  Ryan is incorrect but only because Melissa cannot establish liable per se.
B)  Ryan is correct.
C)  Ryan is incorrect because general damages will be presumed.
D)  Ryan is correct only if he can show that he did not intend to cause Melissa loss of income.
E)  Ryan is incorrect because his statements constituted slander per se.F) B) and E)
G) B) and C) E

Question 7

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

Accepted Answer

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

Question 8

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

Accepted Answer

A)  Nominal
B)  Revenge
C)  Punitive
D)  Retaliatory
E)  CompensatoryF) B) and E)
G) A) and B)

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)  False imprisonment.
B)  Forcible detention.
C)  False detention.
D)  Contained detention.
E)  Qualified imprisonment.F) A) and E)
G) None of the above

Question 10

Min-ji's action in jabbing Daniel after she missed his nose,constitutes which of the following?

Accepted Answer

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

Question 11

Kelly is mad at Pier and locks Pier in a closet for two hours without justification.This is an example of ________.

Accepted Answer

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

Question 12

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 Peter's actions caused apprehension of immediate offensive bodily contact.
B)  Yes,because she was at risk of immediate offensive bodily contact.
C)  No,because she was sleeping and thus not in fear of apprehension of an immediate offensive bodily contact.
D)  Yes,because Peter intended to place Mary at risk of unwanted and offensive contact.
E)  No,but she would have been successful in suing for battery.F) A) and D)
G) None of the above

Question 13

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

Accepted Answer

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

Question 14

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

Accepted Answer

A) True 
 B)False  True

Question 15

Which statement is true regarding tort litigation?

Accepted Answer

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

Question 16

Which statement is true regarding the intent required for an intentional tort?

Accepted Answer

A)  The intent at issue is intent to harm that results in a physical or economic injury to another.
B)  The intent at issue is not intent to harm and is not intent to engage in a specific act.Negligence will suffice.
C)  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.
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 but,rather,is intent to engage in a specific act,which ultimately results in a physical or economic injury to another.F) B) and C)
G) A) and E)

Question 17

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

Question 18

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 19

What law gives immunity to providers of interactive computer services for liability they might otherwise incur because of material disseminated by them but created by others?

Accepted Answer

A)  The Internet Communications Act of 2000.
B)  The Internet Communications Protection Act of 1998.
C)  The Interactive Computer Services Protection Act of 2004.
D)  The Blog Protection Act of 2001.
E)  The Communications Decency Act of 1996.F) A) and E)
G) A) and C)

Question 20

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)  publicly
C)  to an employer
D)  negligently
E)  in printF) All of the above
G) B) and C)

Exam 8: Tort Law

Defamation can be a civil or criminal action in China.

Correct Answer
verified

List and explain the four different types of privacy torts.

Correct Answer
verified
The four privacy torts are 1)false light...
View Answer

Statements made by Ryan to his friends that were defamatory of Melissa are what type of defamation?

Correct Answer
verified

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

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

Correct Answer
verified

In reference to the statements made to his friends,which of the following is true in regards to Ryan's remark that Melissa cannot recover because she has not suffered a loss of income?

Correct Answer
verified
E

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

Correct Answer
verified

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

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

Min-ji's action in jabbing Daniel after she missed his nose,constitutes which of the following?

Correct Answer
verified

Kelly is mad at Pier and locks Pier in a closet for two hours without justification.This is an example of ________.

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified
True

Which statement is true regarding tort litigation?

Correct Answer
verified
D

Which statement is true regarding the intent required for an intentional tort?

Correct Answer
verified

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

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

What law gives immunity to providers of interactive computer services for liability they might otherwise incur because of material disseminated by them but created by others?

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

Exam 8: Tort Law

Defamation can be a civil or criminal action in China.

Correct AnswerverifiedShow Answer

List and explain the four different types of privacy torts.

Correct AnswerverifiedThe four privacy torts are 1)false light...View AnswerShow Answer

Statements made by Ryan to his friends that were defamatory of Melissa are what type of defamation?

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 are...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

In reference to the statements made to his friends,which of the following is true in regards to Ryan's remark that Melissa cannot recover because she has not suffered a loss of income?

Correct AnswerverifiedE

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

Correct AnswerverifiedShow Answer

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

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

Min-ji's action in jabbing Daniel after she missed his nose,constitutes which of the following?

Correct AnswerverifiedShow Answer

Kelly is mad at Pier and locks Pier in a closet for two hours without justification.This is an example of ________.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedTrue

Which statement is true regarding tort litigation?

Correct AnswerverifiedD

Which statement is true regarding the intent required for an intentional tort?

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

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

What law gives immunity to providers of interactive computer services for liability they might otherwise incur because of material disseminated by them but created by others?

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

Correct Answer
verified

Correct Answer
verified
The four privacy torts are 1)false light...
View Answer

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
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E

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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True

Correct Answer
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D

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

Correct Answer
verified

Correct Answer
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