True/False
Multiple Choice
True/False
Multiple Choice
True/False
100
A tort is a violation of a duty imposed by the civil law.
What is True?
100
Which of the following statements about torts is correct? a. A tortious act is always a criminal act. b. A criminal act is always a tortious act. c. A tortious act may also be a criminal act. d. All the above are correct.
What is C. A tortious act may also be a criminal act.
100
Under Section 230 of the Communications Decency Act, Internet service providers are held responsible for defamatory postings by their members or users.
What is False
100
Wholesome Bread, Inc. advertised that its honey wheat bread had 25% fewer calories than a competing brand, Valley Grains. In fact Wholesome's bread had the same amount of calories as Valley Grains' bread. Wholesome Bread's conduct: a. does not violate the Lanham Act because of the First Amendment freedom of speech. b. does not violate the Lanham Act because Wholesome did not act with actual malice. c. does not violate the Lanham Act because comparative ads are exempt from the law. d. violates the Lanham Act.
What is d. violates the Lanham Act.
100
Working out some frustrations after a bad game, Jessica angrily hits a baseball and then sees it is flying toward the umpire. She yells, “Watch out!” The umpire ducks and the ball misses him. Since there was no physical contact, no assault or battery occurred.
What is False?
200
The First Amendment guarantee of freedom of speech is an absolute right.
What is False?
200
Shortly after Brian started to work at Trevit, Inc., a co-worker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully, but intentionally touched Brian “below the belt.” Which statement is correct? a. Ann defamed Brian. b. Ann committed the tort of trespass. c. Ann committed the tort of interference with a prospective advantage. d. Ann committed the tort of battery.
What is d. Ann committed the tort of battery?
200
If Gloria threw a rock which hit Merle, she is liable for an intentional tort of battery only if she intended to injure or harm Merle.
What is False
200
Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct? a. Adam committed an assault but not a battery. b. Adam committed a battery but not an assault. c. Adam committed an assault and a battery. d. Adam committed neither an assault nor a battery since he used a candy gun and was only playing a joke on Linda.
What is c. Adam committed an assault and a battery.
200
In an advertisement, FreshAir, Inc. stated that its air freshener lasted for 3 hours while the competitor, Smell Sweet, lasted for only 36 minutes. In fact, Smell Sweet freshens the air for more than 2 hours. FreshAir has not violated the Lanham Act because the First Amendment's guarantee of freedom of speech applies.
What is False?
300
Public officials and public figures receive less protection from defamation than ordinary people.
What is True?
300
Jim told his manager, Lana, that a co-worker, Diane, had been in prison for theft. Lana checked into the matter and, when she learned that Diane had served time in prison for theft, fired her. a. Jim is liable to Diane for defamation. b. Jim is liable to Diane for defamation unless he can show a legitimate reason for having to tell Lana about Diane's prison history. c. Jim is liable to Diane for defamation only if she is a public figure. d. Jim is not liable to Diane for defamation.
What is d. Jim is not liable to Diane for defamation.
300
Lori works for Big Corporation as an "at will" employee. Richard, owner of a small store, offers to pay Lori much more money if she will leave Big Corp and work for his store. When Lori starts to work for Richard, Big Corp correctly claims Richard is liable for tortious interference with a contract.
What is False
300
Adam decided to play a practical joke on Linda, a co-worker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Did Adam commit the tort of intentional infliction of emotional distress? a. Yes, as his conduct was intentional. b. Yes, but only if Adam intended to cause Linda serious emotional distress. c. No, since he was only playing a practical joke. d. No, since Linda was not physically hurt by Adam.
What is a. Yes, as his conduct was intentional.
300
Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.
What is True?
400
Opinion is generally a valid defense in a defamation lawsuit because it is not meant to be a factual statement.
What is True?
400
A national magazine published an article about a famous television star. The television personality is upset because the information contained in the story is not correct. If the actress sues the magazine: a. she will need to show that the magazine has a history of being "reckless" with facts on a regular basis. b. she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts. c. she will need to show that the magazine failed to attempt to verify the story by trying to contact her or her agent before the story was printed. d. she will need to show that the magazine could have discovered that the story was false but failed to do so.
What is b. she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts.
400
A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse. In most states, Braybon's will be able to detain the customer for suspicion of shoplifting.
What is True?
400
John was driving home one night in a terrible snow storm when his car stalled. He managed to push the car onto a small shopping center's parking lot. The next day about noon he came to get the car and it had been towed away by the owner of the parking lot. The owner explained she had to remove the car to clean the snow off her lot and told John where the car had been towed. Which statement is correct? a. The owner of the parking lot is liable for conversion. She took John's car without his consent. b. The parking lot owner has a qualified privilege for towing the car since it was a business necessity. c. Even though John left his car in the parking lot under emergency conditions, he still committed a trespass on the owner's property. d. All the above are correct.
What is c. Even though John left his car in the parking lot under emergency conditions, he still committed a trespass on the owner's property.
400
Ahmi was a witness in a lawsuit. When asked why he fired Rana, Ahmi replied, "Rana was fired for willful misconduct." Indeed, Rana had not engaged in any misconduct. Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.
What is False?
500
In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner.
What is True?
500
Theft is to the criminal law as ____ is to the civil law. a. stealing b. appropriating c. conversion d. trespass
What is c. conversion
500
Dewayne sold a space heater to Vivian, telling her it would heat a 200-square-foot area, even though he knew it would effectively heat only about one third of that space. Dewayne is liable for the intentional tort of fraud.
What is True?
500
An intentional tort involves conduct in which: a. the defendant intended to harm the plaintiff. b. the defendant intended a certain physical act which ends up injuring someone. c. injuries are caused to someone because of the defendant’s neglect or oversight. d. there is resulting punishment, including prison, for the defendant.
What is b. the defendant intended a certain physical act which ends up injuring someone.
500
Krista, the Director of Advertising at Trein, Inc., approved a series of magazine advertisements using a close-up photograph of celebrity look-alike models driving a train engine with the slogan, “Get on Board with Trein.” Each ad included a signature, meant to look like that celebrity’s autograph. Since in most cases, these “autographs” are not legible, this series of ads does not commit any tort.
What is False?
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