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72. Defamation cannot exist in cyberspace because there is no evidence that someone heard or understood the
statements.
a. True
b. False
73. Which of the following statements would qualify for a defamation action (assuming the statement is false)?
a. "All corporate types are selfish."
b. "Accountants will sign off on anything."
c. "He pled guilty to a violation of campaign contribution laws."
d. All of the above qualify for a defamation action.
74. How many people must have heard or read a statement for there to be publication for purposes of defamation?
a. one
b. at least two
c. there must be widespread community knowledge
d. it must be heard simultaneously by at least two people
75. Which of the following would not be classified as libel?
a. a newspaper article with untrue statements
b. a letter with untrue statements sent to only one person
c. a true statement
d. a speech at a Veteran's Day parade
76. Public figures:
a. can never have an action in defamation.
b. lose their defamation action rights if the remark or information is part of a story.
c. can seek a retraction, but can never recover damages for defamation.
d. must establish malice in order to recover damages for defamation.
77. Contract interference:
a. requires involvement by more than one third party.
b. requires proof of intent to interfere.
c. is a federal crime.
d. requires proof of misappropriation.
78. Galley, Inc. has a contract for operating the kitchen at the Palm Crest Hotel in Miami, Florida. Mealco has
approached Palm Crest's director of operations and stated, "Look, sign with us. We'll take care of whatever
damages you owe Galley." Mealco's statements:
a. are defamatory.
b. constitute the tort of contract interference.
c. constitute the tort of negligence.
d. none of the above
79. Galley, Inc. has a contract for operating the kitchen at the Palm Crest Hotel in Miami, Florida. Mealco has
approached Palm Crest's director of operations and stated, "Look, sign with us. We'll take care of whatever
damages you owe Galley." Suppose Mealco added the following phrase, "Galley is going under fast. They haven't
paid rent in five months and their rent is $15,000 per month." Galley is current on its rent, and its rent is $5000 per
month. Mealco's statements:
a. are defamatory.
b. constitute the tort of negligence.
c. are covered under the shopkeeper's privilege.
d. none of the above
80. Jane Mitchell, age 16, was shopping at her neighborhood Osco Drug Store. She had been looking at magazines as
she waited for a friend. She decided to purchase a Tiger Beat magazine and then wait for her friend outside the
store. She paid for the magazine, but as she headed for the door, the store manager used the store's loudspeaker
system to announce, "You, with the green hair and the maroon Doc Marten's on. Yes, you, by the front of the
store. I saw you take that magazine. Stop right there. I have a gun pointed at you." The manager's actions:
a. are protected by the shopkeeper's privilege.
b. constitute defamation.
c. were excessive but will not result in any liability.
d. none of the above
81. A-Plus Linens sent the following notice to John C. Lincoln Hospital: "We'll pay you. Drop your current linen service
and we'll give you $5 for every 100 pounds of linen you send our way." The notice sent by A-plus:
a. is contract interference.
b. is defamatory.
c. is invasion of privacy.
d. none of the above
82. Suppose A-Plus Linens sent the following notice to John C. Lincoln Hospital: "On your next call for bids, call us.
We'll give you a $5 discount for every 100 pounds of linen we clean for you." The notice sent by A-Plus:
a. is contract interference.
b. is defamatory.
c. is invasion of privacy.
d. none of the above
83. If a defendant in a defamation suit holds a qualified privilege:
a. the defendant has a complete defense to the suit.
b. the defendant cannot be sued if he/she retracts the statement.
c. the plaintiff will be required to prove additional elements to recover.
d. the defendant enjoys higher protection than the absolute privilege.
84. The tort of false imprisonment:
a. requires proof of some actual damage to the plaintiff.
b. is also known as the "shopkeeper's tort."
c. requires proof of emotional distress.
d. no longer exists in states that have adopted the shopkeeper's privilege.
85. The tort of intentional infliction of emotional distress:
a. requires proof of some physical harm before there can be recovery.
b. is the same as the tort of false imprisonment.
c. is a property tort.
d. requires proof of conduct that exceeds all bounds of decency.
86. Which of the following is not an element of negligence?
a. duty
b. breach of duty
c. reckless disregard
d. causation
87. Which of the following defenses to negligence serves as a complete bar to recovery?
a. comparative negligence
b. contributory negligence
c. both a and b
d. none of the above
88. Troy Nolan, age 17, was in a Games and Stuff store browsing. Troy frequented Games and Stuff but did not
always make a purchase. After 45 minutes of looking, Troy picked up his skateboard, put his hand in his pocket,
and headed toward the door. The day manager yelled from the back of the store to the cashier at the front of the
store, "Stop the kid with the skateboard. He's stolen two games." There were 22 people in the store who heard the
statement. Troy had not taken the games. Troy:
a. will be successful in a defamation suit against Tower.
b. has no course of action because of the shopkeeper's privilege.
c. has no basis for recovery.
d. could recover only for false imprisonment.
89. Which of the following statements best describes the property protection given a singer's voice?
a. No protection is given since it is intangible.
b. No protection is given because many people legitimately sound like famous singers.
c. The voice is given the same protection as the face or likeness.
d. none of the above
90. The distinguishing element between intentional torts and negligent torts is:
a. intent.
b. level of damages.
c. causation.
d. All of the above are distinctions.
91. Hamburger Hamlets, Inc. is a chain of fast-food restaurants. Its major competitor is Sam's Sandwiches, Inc. Sam's
Sandwiches' public relations vice president issued the following statement, "We have documented proof that
Hamburger Hamlets uses horse meat in its burgers." Which of the following statements is true?
a. Sam's is liable for defamation.
b. Sam's is liable for public disclosure of private facts.
c. Sam's is liable for negligence.
d. Sam's has not committed a tort.
92. The statement "All used-car dealers are crooks" is:
a. defamation because it meets the requirement that the statement reflect on the honesty of the business.
b. defamation because the businesses are sufficiently identified.
c. not defamation.
d. defamation so long as there was publication.
93. Which of the following does not enjoy an absolute privilege to charges of defamation?
a. members of Congress while speaking on the floor
b. witnesses in a court hearing
c. newspaper reporting witness testimony from a trial
d. All of the above carry absolute privileges.
94. The shopkeeper's privilege applies:
a. regardless of the amount of time the shopper is detained.
b. even if the shopkeeper made a good-faith mistake.
c. only if a security guard is used by the store.
d. all of the above
95. A local liquor store posts the checks of customers that are returned from the bank. The store manager says the
public display of the checks is a good way to deter other bad-check writers. The display of the checks is:
a. an invasion of privacy.
b. defamation.
c. protected by a qualified privilege.
d. none of the above
96. This term is given to witnesses who do nothing while a crime is being committed out of fear, apathy, or a mistaken
belief that someone else will help the victim.
a. Watcher effect
b. Stockholm effect
c. Bystander effect
d. Richmond effect
97. Punitive damages are:
a. generally not available in tort cases.
b. often awarded in cases of contract interference.
c. only available in negligence actions.
d. none of the above
98. Which of the following is not an intentional tort?
a. battery
b. false imprisonment
c. invasion of privacy
d. strict tort liability
99. In Van Horn v. Watson, the court concluded that in California the Good Samaritan laws:
a. do not exist.
b. apply to anyone helping another injured person.
c. apply to anyone offering medical care in good faith at the scene of a medical emergency.
d. apply to anyone offering medical care to another person.
100. Proximate cause:
a. is the same as causation.
b. need not be proved in every negligence case.
c. was established in the Palsgraf case.
d. is no longer an element of negligence.
101. The "But for" test:
a. is the test for causation.
b. is the test for proximate cause.
c. has been eliminated as the causation test in negligence cases.
d. none of the above
102. states provide a qualified privilege for letters of recommendation.
a. All
b. No
c. A few
d. Nearly all
103. Which of the following constitutes a defamatory statement (assuming the statements are untrue)?
a. "I don't think you'll be happy with their work."
b. "He was dismissed for embezzlement from his last job."
c. "I don't care for him at all."
d. "All people from Kentucky are stupid."
