225. Carl’s neighbor writes a column for the local paper. One week he reveals Carl‘s drug abuse problems and Carl is
subsequently fired from work. Carl will probably sue his neighbor for:
a. invasion of privacy
b. assault
c. battery
d. false imprisonment
e. negligence
226. Carl’s neighbor writes a column for the local paper. One week he reveals Carl‘s drug abuse problems and Carl is
subsequently fired from work. Carl will probably sue his neighbor for:
a. duress
b. assault
c. battery
d. false imprisonment
e. none of the other choices are realistic
227. Which of the following would be an invasion of privacy:
a. the publication of a person’s photograph without permission
b. illegally wiretapping a person‘s phone
c. publishing a story about an individual based on false information
d. publicly revealing a person‘s personal debt information
e. all of the other choices are invasions of privacy
228. Which of the following would be least likely to be an invasion of privacy:
a. the use of a person’s photograph without permission
b. publication of information about a person taken from public records
c. publication of information about a person that comes from private sources
d. publication of information about a person that places them in a false light to others
e. none of the other choices
229. Which of the following would be least likely to be an invasion of privacy:
a. the use of a person’s photograph without permission
b. pleading with a movie star for an autograph
c. publication of information about a person that comes from private sources
d. publication of information about a person that places them in a false light to others
e. walking into the home of a famous sports personality without permission
230. In James v. Bob Ross Buick, where James had been fired from a car dealership that then sent letters to customers
under his name, James sued for:
a. slander
b. libel
c. invasion of privacy
d. fraud
e. none of the other choices
231. In James v. Bob Ross Buick, where James had been fired from a car dealership that then sent letters to customers
under his name, James sued for:
a. slander
b. libel
c. misappropriation of the name of another
d. fraud
e. none of the other choices
232. In James v. Bob Ross Buick, where James had been fired from a car dealership that then sent letters to customers
under his name, James sued for invasion of privacy and the appeals court held that:
a. he had no case because no harm was done to his reputation
b. he had no case because he was already a “public figure” to the customers
c. he had no case because he could show no damages
d. he had no case because the dealership did not intend to harm his privacy
e. none of the other choices
233. In James v. Bob Ross Buick, where James had been fired from a car dealership that then sent letters to customers
under his name, James sued for invasion of privacy and the appeals court held that:
a. he had no case because no harm was done to his reputation
b. he had no case because he was already a “public figure” to the customers
c. he had a case because his name had been misappropriated for commercial benefit
d. he had a case because the dealership had promised him $2 for every such letter sent but did not pay him
e. none of the other choices
234. In James v. Bob Ross Buick, where James had been fired from a car dealership that then sent letters to customers
under his name, James sued for invasion of privacy and the appeals court held that he had a case because:
a. the Ohio Supreme Court has distinguished between the incidental use of a person’s name and likeness from
appropriation of the benefits associated with a person‘s identity
b. the Ohio Supreme Court does not distinguish between the incidental use of a person‘s name and likeness and
the appropriation of the benefits associated with a person’s identity
c. there is no difference between a person’s signature and a person’s picture
d. James has agreed to allow the company to use his picture, but not his name
e. none of the other choices
235. In James v. Bob Ross Buick, where James had been fired from a car dealership that then sent letters to customers
under his name, James sued for invasion of privacy and the appeals court held that the company was at fault
because:
a. the company used an embarrassing picture of James
b. the company misspelled James’s name
c. the company included details about James being fired in the letters
d. the company sought commercial benefit from James’s name
e. the company failed to tell James they were using his name
236. If embarrassing information is taken from a public file or record and published:
a. it is not a violation of the right to privacy
b. it is not an assault
c. it is a violation of the right to privacy
d. it is a violation of the right to privacy only if the person does not know the file exists
e. it is a violation of the right to privacy only if the person publishing the information benefits monetarily
237. Entertainers, politicians and sports personalities differ from average individuals in that:
a. they tend to receive bigger damage awards in invasion of privacy cases
b. it is illegal to publish personal information about them without consent
c. their right to privacy is largely waived once they become a public figure
d. they must make all personal information public
e. none of the other choices
238. William, a sports reporter, finds out some embarrassing facts about a star soccer player hidden in a public record
and publishes them. William is probably safe from an invasion of privacy suit because:
a. the information was in a public record
b. the soccer player will be too embarrassed to press charges
c. William is a reporter
d. all of the other specific choices
e. none of the other specific choices
239. The tort involving spoken defamatory communication is:
a. slander
b. libel
c. privilege
d. negligence
e. none of the other choices
240. The tort involving spoken defamatory communication is:
a. invasion of privacy
b. libel
c. privilege
d. negligence
e. none of the other choices
241. The tort of printed or written defamatory communication is:
a. slander
b. libel
c. privilege
d. negligence
e. none of the other choices
242. The tort of printed or written defamatory communication is:
a. slander
b. conversion
c. privilege
d. negligence
e. none of the other choices
243. Which of the following is (are) necessary elements to prove defamation:
a. a false statement about another person
b. communication of false statement to another person
c. harm is caused to the person about whom the false statement was made
d. all of the specific elements mentioned are necessary
e. any one of the elements is sufficient to establish a claim
244. Which of the following is not a necessary element of defamation:
a. making of a false statement about another person
b. communication of a false statement to third parties
c. mental distress suffered by the victim of the statements
d. harm caused to the victim of the statements
e. all of the other choices are necessary conditions
245. Which of the following is not a necessary element of defamation:
a. making of a false statement about another person b.
communication of a false statement to third parties c.
loss of ability to work after the statement was made d.
harm caused to the victim of the statements
e. all of the other choices are necessary conditions
246. A statement that is presumed by law to be harmful to the person to whom they were directed and therefore
requires no proof of harm or injury is:
a. slander
b. defamation per se
c. libel
d. absolute privilege
e. false light
247. A statement that is presumed by law to be harmful to the person to whom they were directed and therefore
requires no proof of harm or injury is:
a. slander
b. false light
c. libel
d. absolute privilege
e. none of the other choices are completely correct
248. Defamation per se is when:
a. a statement is presumed by law to be harmful to the person to whom it was directed and therefore require no
proof of harm or injury
b. a statement is so outrageous that it cannot be denied that it harmed the person to whom it was directed
c. a statement is presumed by law not to be harmful to the person to whom it was directed
d. a statement is presumed by law to be only marginally harmful to the person to whom it was directed and
therefore requires proof of harm or injury
e. none of the other choices
249. Jill publicly states that Alvin committed a murder. Jill‘s statement is considered:
a. rude
b. defamation per se
c. defamation by default
d. defamation qua non
e. none of the other choices
250. Jill publicly states that Alvin committed a murder. Jill‘s statement is considered:
a. rude
b. proximate defamation
c. defamation by default
d. defamation qua non
e. none of the other choices
251. In addition to damaging a reputation of a person, defamation can involve:
a. damage to the profits of a company
b. damage to the good name of a company
c. damage to the good name of the defendant
d. negligence on the part of the defendant
e. none of the other choices
252. Which of the following is least likely to be grounds for a suit for defamation by an employee who has been fired for
poor performance:
a. an employer tells another employer about problems caused by an employee
b. an employer tells the media about problems caused by an employee
c. an employer tells employees in the same office about the reasons for the dismissal
d. all of the other choices are solid reasons for defamation suits likely to be successful
e. none of the other choices are solid reasons for defamation suits likely to be successful
253. Most defamation suits come from:
a. former employees suing their ex–boss for negative statements about them
b. former employees suing their ex–boss for criticizing their work
c. music artists suing critics for negative statements about their albums
d. students suing teachers for negative letters of recommendation
e. politicians suing reporters for negative news articles
254. The most common defense to a claim of defamation is:
a. consent
b. proximate cause
c. truth
d. self-defense
e. protection of others
255. The most common defense to a claim of defamation is:
a. consent
b. proximate cause
c. protection of others
d. self-defense
e. none of the other choices
256. Truth is an important defense in a defamation suit because:
a. in some states truth is a complete defense regardless of the purpose or intent in publishing the statement
b. in some states truth is a complete defense if the intent in publishing the statement was not to harm
c. if the statement was true, the damage award amount is limited
d. if the statement was true, the defendant will not have to pay any damage awards
e. none of the other choices
257. The three privileges that may be used as a defense to a defamation action are conditional, constitutional, and:
a. Congressional
b. conditional per se
c. absolute
d. legislative
e. none of the other choices
258. The three privileges that may be used as a defense to a defamation action are conditional, constitutional, and:
a. Congressional
b. conditional per se
c. correlative
d. legislative
e. none of the other choices
259. Absolute, conditional and constitutional privileges are all:
a. defenses to an action of false imprisonment
b. defenses to an action of battery
c. defenses to an action of invasion of privacy
d. defenses to an action of defamation
e. none of the other choices
260. Absolute, conditional and constitutional privileges are all:
a. defenses to an action of false imprisonment
b. defenses to an action of battery
c. defenses to an action of invasion of privacy
d. all of the other specific choices
e. none of the other specific choices
261. Absolute privilege grants immunity in situations where:
a. the defendant did not intend to cause harm
b. public policy favors complete freedom of speech
c. businesses stand to lose money
d. all of the specific choices
e. none of the other specific choices
262. Absolute privilege grants immunity in situations where:
a. the defendant did not intend to cause harm
b. there is a proximate cause
c. businesses stand to lose money
d. all of the specific choices
e. none of the other specific choices
263. A conditional privilege eliminates liability for defamation when the statement:
a. was published in good faith and with proper motives
b. was not true
c. was true
d. was published with the plaintiff’s knowledge and consent
e. was legally found in public records
264. A conditional privilege eliminates liability for defamation when the statement:
a. was legally found in public records
b. was not true
c. was true
d. was published with the plaintiff’s knowledge and consent
e. none of the other choices
265. The constitutional privilege:
a. protects the constitution from defamation
b. protects politicians from defamation from the press
c. protects the members of the press who publish “opinion” material about public figures
d. protects ordinary citizens from attacks on their constitutional rights
e. none of the other choices
266. The constitutional privilege:
a. protects the constitution from defamation
b. protects politicians from defamation from the press
c. protects the members of the press who publish malicious material about public figures
d. protects ordinary citizens from attacks on their constitutional rights
e. none of the other choices
267. Suppose someone uses an Internet server, such as AOL, to send a message to others that is defamatory. The
person injured by the defamation has a good case against:
a. the sender and AOL
b. the sender but not AOL unless AOL was aware of the activity and did not halt it
c. the sender but not AOL under any circumstances
d. neither party; defamation actions from Internet transmissions are shielded by federal law
e. neither party; defamation may only occur when the transmission is face-to-face
268. Suppose someone uses an Internet server, such as AOL, to send a message to others that is defamatory. The
person injured by the defamation has a good case against:
a. the sender and AOL
b. neither party; defamation may only occur when the transmission is face-to-face
c. the sender but not AOL under any circumstances
d. neither party; defamation actions from Internet transmissions are shielded by federal law
e. none of the other choices
269. If an English newspaper prints a hurtful story about Prince William, that is reprinted in American papers, and it
turns out that the newspaper had no malice toward the Prince, but knew the story was not factual, Prince William
would most likely:
a. not sue in English courts, but would have a good chance in American courts
b. sue for libel in English and American courts and probably win in both
c. sue for libel and may win in English courts, but not in American courts
d. sue only for “distortion” in English courts; there is no case for American courts
e. not sue based on his sovereign immunity
270. To defeat a defense of qualified privilege, the plaintiff must establish that the defendant acted with:
a. purpose
b. actual malice
c. half-hearted malice
d. negligence
e. none of the other choices
271. To defeat a defense of qualified privilege, the plaintiff must establish that the defendant acted with:
a. purpose
b. knowledge of the consequences
c. half-hearted malice
d. negligence
e. none of the other choices
272. In Chambers v. Travelers Companies, where Chambers sued for defamation after she was fired for her
behavior, which included failure to reveal certain information about a business trip, but the district court held for
Travelers, the appeals court found that:
a. Chambers did not have a case because the information was true
b. Chambers did not have a case because Travelers had a qualified privilege that it did not abuse
c. Chambers did not have a case because she had previously offended the CEO of Travelers by
“insubordinate communication“
d. all of the other specific choices are correct
e. none of the other specific choices
273. In Chambers v. Travelers Companies, where Chambers sued for defamation after she was fired for her
behavior, which included failure to reveal certain information about a business trip, but the district court held for
Travelers, and the appeals court agreed because:
a. Chambers was new to the company and could be fired for any reason within the first 90 days of
employment
b. there was no evidence of actual malice by the employer
c. the manager who fired Chambers did not know her
d. all of the other specific choices
e. none of the other specific choices
274. In Chambers v. Travelers Companies, where Chambers sued for defamation after she was fired for her
behavior, which included failure to reveal certain information about a business trip, but the district court held for
Travelers, and the appeals court agreed because:
a. Chambers was new to the company and could be fired for any reason within the first 90 days of
employment
b. Chambers was found to have misappropriated (stolen) money from Travelers
c. the manager who fired Chambers did not know her
d. all of the other specific choices
e. none of the other specific choices
275. Which of the following is not an intentional tort involving interference with personal rights:
a. defamation
b. false imprisonment
c. nuisance
d. mental distress
e. malicious prosecution
276. Which of the following is not an intentional tort involving interference with personal rights:
a. defamation
b. false imprisonment
c. mental distress
d. malicious prosecution
e. all of the other choices may be intentional torts
277. Which of the following is unlikely to be classified an intentional tort:
a. running at a stranger while waving an iron pipe at them
b. getting smashed in the face by a baseball at a baseball game
c. a man grabs a woman he does not know and kisses her despite her protests
d. secretly making tapes of your roommate’s phone calls
e. all of the other choices are likely to be intentional torts
278. Which of the following is unlikely to be classified an intentional tort:
a. running at a stranger while waving an iron pipe at them
b. spreading rumors that someone robbed a bank in the past
c. a man grabs a woman he does not know and kisses her despite her protests
d. secretly making tapes of your roommate’s phone calls
e. all of the other choices are likely to be intentional torts
279. Which of the following is not an category of intentional tort:
a. assault
b. murder
c. false imprisonment
d. battery
e. invasion of privacy
280. Which of the following is not an category of intentional tort:
a. assault
b. false imprisonment
c. battery
d. invasion of privacy
e. all of the other choices are in that category
281. If an accounting firm is sued for negligently preparing a faulty financial report for a company that caused significant
losses by those who relied on the accounting, the accounting firm is likely to be:
a. not liable; there is no promise that results will be perfect
b. held subject to the standard of care imposed on professional parties
c. held subject to a special statutory standard of care
d. held to have violated the principles of strict liability
e. none of the other choices