1. The tort of disparagement:
A) requires proof of actual damage
B) is identical to the tort of slander
C) covers true statements about the personal behavior of persons in business
D) does not include truth as a common defense
2. Which of the following is a common defense to trespass to personal property?
A) Probable cause
B) Necessity
C) Truth
D) Privilege
3. The tort of interference with contract:
A) does not apply to a person who intentionally induces a person to breach a contract with another
B) does not protect the sanctity of private contractual relationships
C) justifies inducing a breach of contract in most cases
D) applies to a person who intentionally prevents performance of another person’s contract
4. Punitive damages:
A) are damages in excess of the plaintiff’s injuries, awarded to punish the defendant
B) are like actual damages but do not seek to deter the defendant
C) are a small amount of compensation given to the plaintiff
D) are damages far less than the plaintiff’s injuries, awarded to punish the plaintiff
5. The plaintiff’s burden of proof in a tort case is proof by a preponderance of the evidence, which is applied in:
A) a case where the defendant’s money is at stake
B) all criminal cases
C) a case where the defendant’s liberty may be at stake
D) a case where the defendant’s life may be at stake
6. Cybertrespass is commonly considered to be a trespass on:
A) real property
B) personal property
C) private property
D) immovable property
7. Under the tort of invasion of privacy:
A) some widespread dissemination of information is necessary for liability
B) newsworthy items can be the basis of a successful suit
C) truth is a defense to “publication of private facts
D) true, but public facts about a person can be an invasion of privacy
8. Seth was shopping at a local music store looking for a CD, when he suddenly remembered that he had an appointment with his math professor. He pulled his calendar out of his backpack only to discover that he was late for the appointment. Seth quickly put the calendar back into his backpack and ran out of the store. As he made his exit from the store, a security guard asked Seth to accompany him to an office at the back of the store to which Seth consented. Once there, the guard accused Seth of shoplifting. The guard quickly searched Seth and his backpack and found nothing. The guard apologized to Seth and explained that the store had recently experienced an outbreak of theft. The whole incident took less than five minutes. Under these circumstances:
A) Seth can sue the store for false imprisonment
B) The store has conditional privilege to stop persons it feels are shoplifting as long as the owner acts in a reasonable manner and detains the suspect only for a reasonable length of time
C) Seth can sue the store for false imprisonment, emotional distress, and battery
D) The store has no conditional privileges to stop persons it feels are shoplifting, but it is liable for punitive damages
9. Abuse of process requires:
A) that there be no probable cause in order for the person wrongfully sued to win
B) proof that the suit was brought for a primary purpose other than the one for which such proceedings are designed
C) proof that the suit was brought out of malice and to give a remedy for the financial, emotional, and reputational harm caused
D) that the wrongfully brought suit terminated in the defendant’s favor
10. For a public figure to sue for defamation, he/she must prove:
A) actual malice
B) invasion of privacy
C) misuse of privilege
D) violation of a statute
11. Which of the following is an example of invasion of privacy?
A) A tenant continuing to stay in a house even after the lease period has expired
B) A person providing false statements on a seller’s ownership of goods offered for sale
C) The act of wrongfully selling or mortgaging the goods of another
D) The act of putting an ad in the paper saying that a person does not pay his or her bills
12. hich of the following is an example of interference with economic relations?
A) Disparagement
B) False imprisonment
C) Trespass
D) Defamation
13. he U.S. Supreme Court requires that actual malice be proved when:
A) public figures and public officials sue the media for publishing true statements
B) public officials sue the media for false and defamatory statements
C) public officials are found strictly liable for a crime
D) public figures sue for physical harm resulting from malice
14. Privilege is not a common defense to which of the following intentional torts?
A) Interference with contract
B) Disparagement
C) Trespass to land
D) False imprisonment
15. The elements of an intentional tort are:
A) violation of a statute and intent
B) harm to another person/property and intent
C) harm to person or property, violation of a statute, and intent
D) harm to person or property and violation of a statute
16. Which of the following statements supports the explanation of libel?
A) Broadcast defamation, which involves both oral and visual impressions, is generally considered to be libel
B) Oral defamation, causing injury to a person’s reputation and causing that person considerable anguish and harm is considered to be libel
C) Damages are presumed in libel, though the statement is not defamatory on its face
D) Private statements between spouses may be defamatory and will be considered to be libel
17. Which of the following denotes an injury to a person’s reputation?
A) Malice
B) Defamation
C) Disparagement
D) Battery
18. Compensatory damages are also known as:
A) nominal damages
B) punitive damages
C) statutory damages
D) actual damages
19. Conversion is defined as:
A) the intentional confinement of a person for an appreciable time without the person’s consent
B) the unlawful taking of or exercise of control over the personal property of another person
C) the use of force to drive away a person’s customers or employees
D) intrusion on a person’s solitude or seclusion and publishing private facts about a person
20. This is a common defense to the tort of malicious prosecution.
A) Lack of capacity
B) Inducing a breach of contract
C) Improper purpose
D) Probable cause
21. A common defense to the tort of interference with contract is:
A) privilege
B) inducing a breach of contract
C) lack of capacity
D) probable cause
22. Which of the following statements is true about conversion and trespass to personal property?
A) Consent acts is a defense to conversion but will not be considered as a defense for trespass to personal property
B) The degree of interference with another’s property rights acts as a basis for the difference between the two
C) Courts do not consider extent of harm to property as a difference between conversion and trespass
D) Trespass to personal property does not require intent, while conversion does
23. In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that:
A) the wrongfully brought suit terminated in the defendant’s favor
B) the suit was brought for an improper purpose
C) the suit was brought with probable cause to believe the suit was justified
D) the wrongfully brought suit did not terminate in his favor
24. The tort of false imprisonment protects:
A) mental and physical interests
B) only the freedom from knowledge of confinement
C) the right to life
D) only the freedom of movement
25. Which of the following statements is conditionally privileged in defamation suits?
A) Statements by members of Congress on the floor of Congress
B) Statements made in the furtherance of legitimate business interests
C) Private statements between spouses
D) Statements by participants in judicial proceedings