51. Defenses to intentional torts include:
a. self-defense and consent.
b. defense of others and consent.
c. self-defense and defense of property.
d. All of these are valid defenses.
52. A(n) is a non–trespassory invasion of another‘s interest in the private use and enjoyment of land.
a. trespass to real property
b. nuisance
c. interference with contractual relations
d. fraudulent misrepresentation
53. Acting with reckless disregard for the falsity of the matter, Anita included Joe’s name and photograph in a list of the
FBI’s top ten criminals. Joe has never been convicted of a crime and is horrified by the thought of being considered a
criminal. This:
a. is defamation.
b. is false light.
c. is nuisance.
d. could be either defamation or false light.
54. Which of the following is ordinarily held liable for their intentional torts?
a. A person who has not reached the age of majority
b. An incompetent
c. An employer, for the acts of employees in the course of employment
d. All of these.
55. Bodily contact that is harmful or offensive can give rise to the tort of:
a. assault.
b. battery.
c. defamation.
d. appropriation.
56. Harms or injuries that are tortious may be inflicted:
a. intentionally.
b. negligently.
c. without fault.
d. In all of these ways.
57. Sally, while walking in a park, got hit on the head with a baseball. The ball was thrown at her by Aaron who intended
to hit her to show off in front of his friends. She may recover damages for:
a. bodily harm.
b. emotional distress.
c. reasonable medical expenses.
d. All of these.
58. An employer:
a. must not provide electronic bulletin boards and chat rooms because of provisions of the CDA.
b. should act quickly to remove any defamatory statements brought to its attention because Section 230 of the
CDA grants immunity from defamation liability only to ISPs.
c. need not be concerned about allegedly defamatory statements on e-forums it controls because Section 230 of
the CDA grants any employers immunity from liability for defamation for publishing information originating
from a third party.
d. cannot be held liable for unauthorized online defamatory statements made by employees.
59. Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else
was in the area. If the bullet hits Tom, who happened to be riding his ATV across the desert:
a. Arthur has committed the tort of assault.
b. Arthur has committed the tort of battery.
c. it is unlikely that Arthur has the necessary intent to commit a tort.
d. Arthur has committed the tort of intentional infliction of emotional distress.
60. Under the Third Restatement of Torts, a person acts recklessly if the person:
a. has an unconscious disregard of the consequences of the act committed.
b. knows facts that make the risk obvious to another in the person’s situation.
c. exhibits malice or a fraudulent or evil motive.
d. All of these.
61. Ray threw a bomb into the office of his insurance agent, intending to kill the agent because the company had
disallowed his claim. The agent wasn’t in the building, but the bomb seriously injured his secretary, who was working
in the office. Ray:
a. cannot be liable to the secretary for any torts because he did not intend to hurt her.
b. can be sued by the secretary with an intentional tort cause of action because Ray’s intent to harm the agent is
transferred to the secretary.
c. has committed a crime, but he is not liable for any torts.
d. has committed the tort of intrusion.
62. Arnold wrote a defamatory letter regarding Bill which he mailed to Bill, but which he did not show to anyone else.
Arnold has committed:
a. the tort of slander.
b. the tort of libel.
c. neither libel nor slander, because there has been no publication of the letter.
d. the tort of false light.
63. Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin
board in the laundromat. Arnold has committed:
a. the tort of slander.
b. the tort of libel.
c. neither libel nor slander, because there has been no publication of the letter.
d. the tort of public disclosure of private facts.
64. There is a(n)
malice.
privilege to comment regarding public officials or public figures so long as it is done without
a. Fourth Amendment
b. First Amendment
c. conditional
d. absolute
65. Hal doesn’t like Bradley so, at a cocktail party, he spread untrue rumors about Bradley’s personal lifestyle and sexual
practices. If these rumors harm Bradley‘s reputation in the community:
a. Hal is guilty of libel.
b. Hal is guilty of slander.
c. Bradley does not have a defamation suit against Hal.
d. Hal is protected by the First Amendment to the Constitution.
66. Mark gave the keys to his apartment to his friend Jack so Jack could sleep after a late-night study session. When
Jack walked in, Mark’s roommate, Sam, was standing behind the door in the dark, holding a baseball bat over his
head. Jack flicked on the light and Sam saw it was Jack, so he lowered the bat before Jack noticed him. In this case:
a. Jack is guilty of assault.
b. Sam is guilty of assault.
c. both Sam and Mark are guilty of assault.
d. neither Jack nor Sam is guilty of assault.
67. Mary‘s car was parked just outside the east door of the Civic Center. When she tried to exit, three ominous-looking
gang members were blocking that door. She called the police who arrested the three for loitering. If Mary brings suit
against them for false imprisonment:
a. she will lose if there was another exit she could have used.
b. she will lose because she was not harmed by the confinement.
c. she will win even if there was another way out because she was, in effect, being confined to the Civic Center.
d. she will win because they were blocking her passage to her car.
68. A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if the:
a. photographer never entered onto the movie star’s property.
b. pictures were not published.
c. movie star was in bed at the time.
d. movie star was in a public building at the time.
69. Damages for interference with contractual relations include:
a. payment for emotional distress.
b. nominal damages.
c. conversion fees.
d. criminal fines.
70. Tort law:
a. is primarily federal statutory law.
b. is primarily state statutory law.
c. is primarily common law.
d. has as a primary objective the punishment of offenders.
71. Tammy joined a religious cult while a student at college. Her father hired a deprogrammer who spent several weeks
with her, during which they occasionally went on outings. After Tammy met with her boyfriend one weekend, she
rejoined the cult. If she sues her father and the deprogrammer for false imprisonment, Tammy:
a. will win because this is clearly false imprisonment.
b. will lose if she had a reasonable means of escaping and voluntarily consented to the confinement.
c. has committed the tort of malicious prosecution.
d. would lose on the false imprisonment charge, but could win against her parents if she brought a suit on a
charge of intrusion.
72. Andrew noticed Michael and his pregnant wife Georgette walking down the street and, as a joke, drove his car
within inches of Michael. Michael wasn‘t injured, but his wife suffered severe mental distress and needed to be
hospitalized in order to save the pregnancy. Andrew has:
a. no liability to Georgette, because he has not committed a tort against her.
b. committed the tort of battery against Georgette.
c. committed the tort of battery against Michael but has committed no tort against Georgette.
d. committed the tort of intentional infliction of emotional distress against Georgette.
73. The intentional exercise of dominion or control over another‘s personal property which so seriously interferes with
the other’s right of control as to justly require the payment of full value for the property is:
a. trespass to personal property.
b. interference with economic interests.
c. fraudulent misrepresentation.
d. None of the above.
74. In an article about a prominent judge, a newspaper indicates the possibility that the judge had organized crime
connections. The judge sues. The judge will have a cause of action:
a. if the suit is for defamation and the newspaper responsibly checked its sources.
b. if the suit is a suit for intrusion.
c. whether or not the newspaper checked its sources as long as the information printed is ultimately found to be
untrue.
d. if the information is untrue and the newspaper did not check its sources.
75. A newspaper article hints that a certain corporation is a front for illegal activity. The corporation:
a. will lose a defamation suit because only natural persons can successfully bring defamation suits.
b. will likely win a defamation suit if the statement is untrue and was made with malice.
c. will likely lose a defamation suit because the press has an absolute privilege in this type of case.
d. can win an invasion of privacy suit even if the statement is true.
76. An absolute privilege exists to protect which of the following in defamation cases?
a. Members of Congress on the floor of Congress
b. Statements made by the U.S. President in the discharge of official duty
c. Statements about third persons between spouses when they are alone
d. All of these.
77. The constitutional privilege protects the press in a defamation action:
a. in the absence of mistake.
b. when the plaintiff is a public figure or official.
c. from all liability to anyone.
d. in all of these situations.
78. Which of the following is not an element of a tort?
a. A breach of duty
b. Proximate cause
c. Hostile mens rea
d. Injury or damage to the owner of a legally protected interest
79. Intent as used in the law of intentional torts requires the defendant to:
a. understand that her actions created the end consequence.
b. desire to cause the consequence of her action.
c. believe the consequences are substantially certain to result from her action.
d. All of these.
80. Intentional harm to property includes which of the following torts?
a. Trespass to real property
b. Nuisance
c. Trespass to personal property
d. All of these.
81. Business torts consist of:
a. interference with contractual relations.
b. disparagement.
c. fraudulent misrepresentation.
d. All of these.
82. Fraudulent or intentional misrepresentation is covered under Section of the Restatement.
a. 525
b. 537
c. 538(a)
d. None of these.
83. Compare and contrast the intent necessary to commit a tort to the intent necessary to commit a crime.
84. Manuel applied for a variance from the local zoning ordinance in order to build a building. His neighbor Sandra
appeared before the zoning board to speak in opposition to the application. At the hearing, Sandra testified under oath
and made several untruthful statements regarding Manuel’s character which she believed, but which were not
correct. The variance was denied. Manuel is now considering a lawsuit against Sandra for slander. Does Manuel
have a valid cause of action for slander against Sandra? Explain. What are the elements that he must prove to win a
case of slander? What defenses can Sandra raise to the action?
85. What are the two broad categories of defenses available to intentional torts? Under what circumstances can the
U.S. Constitution be used as a defense to an action for an intentional tort?
86. How does infliction of emotional distress differ from assault and battery? What types of situations are covered by
infliction of emotional distress that would not be covered by assault and battery? Give an example.
87. Daniel and Lena have spent months looking for their dream home. One day they saw it and fell in love with
everything about the house. They asked the realtor to draw up a purchase agreement, which they then signed. After
signing the papers, they asked the realtor whether the house was in good shape. The realtor said that it was. When
the Daniel and Lena moved into the house, they realized that the basement had serious water problems and that the
roof leaked. They now want to sue the realtor. What tort should they consider? If they sue the realtor for this tort,
will they win? Why or why not? Explain.
88. Discuss the three types of privileges that are defenses to defamation. How do they differ? In what context are they
used? Why do these defenses exist?
89. Define appropriation and give an example.
90. Identify the elements of a tort and the objectives of tort law.