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1. A tort is a private wrong carrying criminal penalties.
a. True
b. False
2. Slander is oral defamation.
a. True
b. False
3. A false statement that impeaches someone's honesty is defamatory.
a. True
b. False
4. Non-public figures need not prove publication in their suits for defamation.
a. True
b. False
5. Only libel requires proof of publication.
a. True
b. False
6. Public figures must prove malice to establish a case of defamation against a newspaper.
a. True
b. False
7. In most states, letters of reference are exempt from liability for defamation.
a. True
b. False
8. "Car dealers are crooked" is an example of actionable defamation.
a. True
b. False
9. Members of Congress enjoy an absolute privilege for their speech while on the floor.
a. True
b. False
10. The media have a qualified privilege in defamation cases.
a. True
b. False
11. Testimony in a court room is not privileged for purposes of defamation actions.
a. True
b. False
12. The tort of contract interference requires knowledge of an existing contract between two parties.
a. True
b. False
13. Contract interference is remedied by a suit for breach of contract.
a. True
b. False
14. Qualified privilege statutes protect those with a moral obligation to speak.
a. True
b. False
15. The tort of false imprisonment requires proof of some actual injury.
a. True
b. False
16. The shopkeeper's privilege is a defense to false imprisonment if the detention is reasonable.
a. True
b. False
17. Malice is a required element in all defamation cases.
a. True
b. False
18. Newspapers have an absolute privilege with respect to defamation suits.
a. True
b. False
19. It is possible that those who write letters of recommendation could have liability for the content of those letters.
a. True
b. False
20. Some damages other than emotional damages must be established for the tort of intentional infliction of emotional
distress.
a. True
b. False
21. The disclosure of private but true facts is not an invasion of privacy.
a. True
b. False
22. Negligence is available as a tort remedy only when the breach of duty is a statutory violation.
a. True
b. False
23. For public figures the media has a qualified privilege.
a. True
b. False
24. Invasion of privacy is a tort of negligence.
a. True
b. False
25. All states provide some form of immunity for people who stop and help but make mistakes in offering their
assistance.
a. True
b. False
26. Asking buyers to break their existing contracts with other suppliers is tortious interference.
a. True
b. False
27. To establish the tort of false imprisonment, there must have been some physical harm.
a. True
b. False
28. There are three invasion of privacy torts.
a. True
b. False
29. The use of someone's voice for commercial purposes without their permission is appropriation.
a. True
b. False
30. The use of someone's photo for commercial purposes without their permission is appropriation.
a. True
b. False
31. The use of someone's photo for commercial purposes without their permission is invasion of privacy.
a. True
b. False
32. A newspaper photographer entering a delivery room and taking a picture of Julia Roberts delivering her twins has
invaded her privacy.
a. True
b. False
33. A newspaper running a picture of Julia Roberts’ twins has invaded her privacy.
a. True
b. False
34. Speeding is a breach of duty for negligence purposes.
a. True
b. False
35. The failure to follow industry code is a breach of duty.
a. True
b. False
36. Running a red light is a breach of duty for negligence purposes.
a. True
b. False
37. Driving with brakes in need of replacement is not a breach of duty.
a. True
b. False
38. A breach of duty can still be established for negligence cases even when the defendant has complied with the law.
a. True
b. False
39. Proximate cause is the same thing as causation.
a. True
b. False
40. The purpose of causation is to tie the breach of duty to the resulting injury.
a. True
b. False
41. Contributory negligence, if established, is a complete defense to negligence.
a. True
b. False
42. Comparative negligence, if established, is a complete defense to negligence.
a. True
b. False
43. Assumption of risk is a complete defense to negligence.
a. True
b. False
44. The Palsgraf case expanded the notion of causation.
a. True
b. False
45. "Negligence in the air" is the standard of liability the Palsgraf case established.
a. True
b. False
46. Businesses are never liable for criminal activity on their premises.
a. True
b. False
47. Assumption of risk is not a defense unless there was full information prior to the risk being assumed.
a. True
b. False
48. Comparative negligence reduces the plaintiff's recovery.
a. True
b. False
49. The reasonable and prudent person standard is not used for establishing contributory negligence.
a. True
b. False
50. Proximate cause need not be established in negligence cases.
a. True
b. False
51. Comparative negligence and contributory negligence are the same thing.
a. True
b. False
52. Contributory negligence cannot be raised if there is causation proved against the tort feasor.
a. True
b. False
53. Few states follow the doctrine of contributory negligence.
a. True
b. False
54. Employer privilege statutes are those that provide employers with defenses to defamation suits when they have
shared information on former employees with prospective employers.
a. True
b. False
55. Employer privilege statutes apply even when there is intentional misrepresentation.
a. True
b. False
56. The duty of a reasonable person extends beyond statutory duties.
a. True
b. False
57. To establish assumption of risk, the defendant must show that the plaintiff was aware of the risk and accepted it
voluntarily.
a. True
b. False
58. When skiing, those participating assume the risk of poorly marked trails.
a. True
b. False
59. Writing a glowing letter of recommendation for someone in your organization who was accused of misconduct
without mention of the charges can result in liability.
a. True
b. False
60. The “bystander effect” is an exception to contributory negligence liability.
a. True
b. False
61. HIPAA is a federal law for medical privacy.
a. True
b. False
62. The Health Insurance Portability and Accountability Act applies to all health providers, plans, facilities and clearing
houses.
a. True
b. False
63. Britney Spears is an example of a public figure for purposes of proving malice.
a. True
b. False
64. Opinion commentary is not defamation.
a. True
b. False
65. The employer privilege statutes provide employers with some defenses for candor in references.
a. True
b. False
66. The reasonable person standard is the standard of duty for purposes of establishing negligence.
a. True
b. False
67. A witness in a high profile criminal trial is a public figure.
a. True
b. False
68. Posting false information about a person to an Internet blog would be publication.
a. True
b. False
69. Opinion and analysis of a person’s conduct are not defamation if the underlying facts are correct.
a. True
b. False
70. A screensaver program that uses the likeness of a person is commercial appropriation.
a. True
b. False
71. Posting false information in a chat room is not sufficient to establish defamation.
a. True
b. False
